Exempt vs nonexempt physicians

[Williamr]

In order to be an exempt employee one must meet all of the several tests, but there are occupational exceptions.
The first test is that the employee is paid on a salary basis and is paid at least $455 per week. Does anyone know if physicians are exempt employees under the law, if they are paid by the hour, rather than on a salary basis?

 

[Beth3]

I'm not entirely clear on what your question is. ANY employee can be lawfully paid on a non-exempt basis, including physicians. I'm not in the medical field but it's my understanding that many doctors are paid on an hourly basis, particularly those who work for hospitals - such as ER physicians - but that's a matter of customary practice in certain situations, not a legal one.

Physicians certainly would meet the critieria in the FLSA for exempt status.

 

[cbg]

I think the question is whether or not a physician can be considered exempt if s/he is paid on an hourly basis.

The answer is yes, they can.

While it is far, FAR more common for an exempt employee to be paid on a salaried basis (to the point where many mistakenly believe that exempt and salaried are synonymous) there is a provision for certain professionals, such as doctors, attorneys and some computer professionals, to be paid hourly but considered exempt.

 

[Williamr]

Yes. Another way to state my question: In general, employees classified as Exempt must meet the "paid on a salary basis" test as well as the other tests. I want to know if a physician who is paid by the hour (not on a salary basis) could be unlawfully classified as Exempt so that his employer could avoid paying overtime, for example.

 

[cbg]

A physician who is paid by the hour can still lawfully be considered exempt.

 

[Williamr]

Thanks for the information. Another variable that I should have incorporated into my question initially: What about the case where the physician is not practicing medicine (i.e. not seeing patients) -- but his hourly job is performing medical director or administrative duties. The employer does require a medical license for these duties, however. Can this "adminstrative" duties only physician employee who is paid by the hour still be lawfully classified as Exempt?

 

[cbg]

Yes. It's entirely possible.

 

[Williamr]

Thank you for the information.