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Should I be paid overtime in Pennsylvania? Pennsylvania

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  • Should I be paid overtime in Pennsylvania? Pennsylvania

    I work for a Dr. in Pa and one week I work 42 hours and the next I work 37 for a total of 79 hour pay. Should I get comp time or overtime pay? I'm paid hourly with no benifits. They told me since I only get 79 hours every 2 weeks I shouldn't be paid overtime? Thanks for any help you can give me.

  • #2
    If you are a non exempt hourly employee you must be paid at least 1 1/2 times the
    regular rate of pay for all hrs. worked in excess of 40 in a *workweek.* If you're
    working 42 hrs. in a workweek, you should be paid OT for that week.

    & - You need to be paid OT & not comp. time.
    Last edited by Betty3; 01-08-2011, 04:56 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      There is a possible overtime exception related to hospitals and certain other related institutions. This is not a "doctor" exception per se. I am going to suggest that the OP read the following factsheet. Maybe several times. It sounds like the employer is trying to use the exception. I cannot tell from what has been said so far if this is correct or not.

      http://www.dol.gov/whd/regs/compliance/whdfs54.pdf

      ------

      "Comp time" is legally something specific to non-exempt employees of governmental employers. If your employer is state or local government (or related entity), this exception might be in play.

      http://www.dol.gov/whd/regs/compliance/whdfs7.pdf
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        I was taking it that since OP works for a doctor (assumed doctor's office) that the
        exception didn't apply though maybe it does. DAW, are you thinking maybe it applies
        to working for a doctor also. I just want to have it straight in my mind. You did say
        you weren't sure if exception applied or not.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          There is a healthcare exemption where SOME health workers only have to be paid overtime for 80 hours in a 2 week period, as opposed to 40 hours in a week. I think that's what DAW is referring to.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Yes, I know, but I didn't think it applied to working for a doctor. DAW did say he
            wasn't sure if exception applied in this case. I think we need more info. I was
            assuming OP worked for a dr. in a doctor's office.

            Based on what was posted, it seemed to me the exception didn't apply assuming OP *worked for a dr.
            in a doctor's office* & I didn't know if DAW thought different or if he thought we needed more info
            to say.

            OP- what are your duties & job title & do you work in the office?
            Last edited by Betty3; 01-08-2011, 11:27 PM. Reason: add info
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              I made the same assumption, Betty, but you know what happens when we "assume".
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                I work for a Veterinarian and I'm an hourly employee. This has been going on for years and with all employees. The Vet said they don't pay overtime and if there is overtime we need to take it in com time. What should we do? We do't want to lose our jobs? Thanks again for any help.

                Comment


                • #9
                  My job title I guess would be a Vet's assistant.

                  Comment


                  • #10
                    I would think this person should be paid OT when working over 40 hrs. a week - Patty
                    and/or DAW (or anyone else), your opinion, please. I don't think the exception in the
                    link above would apply.

                    Patty or DAW, do you know/think that a vet. asst. could be an exempt employee?
                    Last edited by Betty3; 01-09-2011, 07:29 AM.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      1. I do not think someone working for a private sector doctor working in a doctor's office applies to either of the exceptions I mentioned. HOWEVER, the exact same person doing exactly the same job working for a doctor in a hospital probably would qualify for the exception. So the key is not "working for a doctor" but rather where the medical provider is working for. Since we are talking about a vet (presumably private sector), this is very likely not applicable. Still if we have a public sector run vet, one of the exceptions would apply.

                      2. In general most of the "rules" apply to private sector. Anytime we are talking governmental employment, including indirect governmental employment like a county run hospital, the normal rules sometimes change.

                      3. Regarding the Exempt status, job titles are meaningless. We have to look at the usual suspects, the so-called White Collar exceptions. The Professional exception is the obvious one, although Executive and Administrative also need to be eliminated. Short answer is that someone who assists a Vet, does not supervise, does not have serious degrees, skills, or responsibilities is very unlikely to be Exempt. Although details are everything. If we want to change the facts slightly so that the "Vet" is the best animal surgeon in the country and the "assistant" is a fully qualified vet surgeon with degrees and serious skills, we would have an Exempt employee. Read the Professional factsheet and see if any bells get rung.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

                      Comment


                      • #12
                        John, I'm sure this is all rather confusing to you. If you are working for a private
                        sector vet., the exceptions re OT & comp time in link #3 are not likely applicable.

                        If you're not sure if you are exempt (no OT required) or non-exempt (OT required after
                        working over 40 hrs. a *week* since above exceptions *not likely* applicable) after reviewing links in DAW's last post, call the Pa. DOL (Pa. Dept. of Labor & Industry) &
                        ask. It more than likely you are non-exempt.

                        Sorry we couldn't give you a definite answer. It "seems" if you work for a private
                        sector vet. (which probably you do but we don't know) then you should receive OT after working over 40 hrs. a week if you are non-exempt which "probably" you are.
                        The Pa. DOL can tell you for sure if you can't figure it out.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          Thanks everyone for your help.

                          Comment


                          • #14
                            You're very welcome.
                            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                            Comment

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