The Fifth Circuit court of Appeals has ruled that Nurse Practitioners ("NPs") and Physician Assistants ("PAs") who are paid on an hourly basis are entitled to overtime compensation for hours worked over 40 in a workweek.
In June Belt, and others, versus EmCare, Inc and Texas EM-I Medical Services, P.A., a group of NPs and PAs sued claiming that their employer was violating federal law by classifying them as exempt and failing to pay them additional compensation for overtime hours worked. EmCare claimed that its NPs and PAs were exempt from the overtime requirements of the Fair Labor Standards act under the "professional" exemption.
The court focused heavily on whether NPs and PAs were engaged in the practice of medicine and on an interpretive bulletin from the Department of Labor saying this exemption does not apply to PAs or NPs unless they are paid on a salary basis.
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PA-Cs have now become what we as the older PA-Cs did not want. we started this profession and worked for pesanuts to establish a name as a caring not for profit group to aid all those individuals who did not have access to nedical care. We have now become the new doctor breed of the greed block where money not care becomes the constant issue. We should have never started the PA group if we had known then what PA-C would become now.
Last time I checked, Mr Askew, even those who work at McDonald's are entitled to fair compensation - this includes overtime for hours worked in excess of 40/wk. Why is it for those of us who have sacrificed to achieve a higher level of education, care on a daily basis for those in need, and are caring and compassionate practioners - as well as excellent employees, always thought of last when it comes to pay raises, promotions and respect? The overtime ruling is one small step to leveling the playing field and allowing PA's the fairness and equity we all deserve.
I am also pleased to hear the court rule in favor of the employee. Now that there is the restrictiotn for the number of hours a medical resident can work= no more than 80 hours= the PA/NP may be asked/forced to pick up the gap. I have no problem doing my share and even helping out to cover the hole due to lack of a resident, but I also would want to receive appropriate compensation. Profesionalism should be a partnership and yes the patient needs to come first, but the PA/NP should not be forced to shoulder the enitre load. I beleive this strengthens our professional position.
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