winnie71
02-06-2006, 08:03 PM
I am a therapist working for a small private practice. I get paid only for sessions worked. 2 years ago, when the practive grew to 8 therapists, the owner began requiring attendance at weekly 1 hour clinical/staff meetings. I was new then, and didn't have the nerve to question this, but the other employees and I got fed up, and I broached the subject of paying us. Was told it wasn't an option. I asked if I could schedule a therapy session during that time so I could earn money, and was told no, the meetings were mandatory. Is this legal? If not, are we entitled to unpaid wages? Should we be paid our normal amount, or can the employer pay us a scaled down amount (we get full pay when a client is footing the bill for a meeting)?
Also, how is my job classified? I am a professional, am not salaried, get no PTO, but do get health benefits. I spend 40 hrs a week at work, but only get compensated for 'client-payed' time. How is such a position addressed? Do the 'non-exempt' standards apply?
Pattymd
02-07-2006, 03:01 AM
It is very possible that you are exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act due to your profession. However, in order to be exempt from the salary requirement, you must be a practitioner of law or medicine, which normally means a physician, not just a therapist.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17d_professional.htm
The federal DOL can give you an opinion on your correct classification if you contact them.
winnie71
02-07-2006, 05:04 AM
I fall into the category of OT/PT/Speech Therapist, definitely not a practitioner of medicice. So what does that mean?
Pattymd
02-07-2006, 05:23 AM
That means you would have to be salaried at a minimum of $455/week to be classified as exempt. Since you stated you were not salaried, that makes you a nonexempt employee and, as such, you must be paid for all hours worked. You can contact the state Dept. of Labor to inquire as to whether you have a claim that they can pursue, however. It is possible that, as long as your session pay for the week divided by the number of hours worked equals at least minimum wage per hour, they may not take the claim, since minimum wage is what they are really enforcing. However, it can't hurt to try and see what they say.
winnie71
02-08-2006, 05:10 PM
my boss finally acknowledged she does have to pay us, but only minimum wage- it seems crazy to me that we can be paid one rate for everything including meetings clients pay for, but 1/10th that for staff/clinical meetings. I know labor laws are rarely able to ensure 'fair' but is this legal?