Physician Overtime Pay Wage & Hour Laws
Physician Overtime Lawsuits: Wage & Hour Laws

Physician Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about physicians:

Can Physicians Receive Overtime Pay?

Physicians frequently work well in excess of a forty hour work week for their employer.  This is true both in private practice or if the physician is employed by a hospital or large clinic.

However, many physicians dot not receive overtime pay, as most physicians fall under the FLSA’s “professional exemption.”

Still, these pay benefits are dependent on the individuals actual job duties, not the job title – physician. This is why it is important to talk with one of our experienced overtime pay attorneys. Every case is different.

What is the Salary Range for a Physician?

Depending on the work setting and state where physicians are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, physicians made between $69,890 and more than $200,000, with the average annual salary being approximately $200,800.

How Many Physicians Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for this occupation is as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
122,970 2.0% $96.54 $200,810 1.0%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for a physician is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $33.60 $64.22 $91.58 >$100.00 >$100.00

Where Are Most Physicians Employed?

According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
California 14,360 0.90 1.03 $95.20 $198,010
Florida 10,030 1.22 1.39 $97.79 $203,410
Illinois 6,530 1.11 1.26 $105.43 $219,280
Texas 6,450 0.55 0.63 $97.77 $203,370
Missouri 5,030 1.82 2.08 $81.95 $170,460

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What are the Laws for Physician Overtime Pay?

Physicians frequently work well in excess of a 40-hour work week for their employer.  This is true both in private practice or if the physician is employed by a hospital or large clinic.

Under the Fair Labor Standard Overtime Laws (FLSA), doctors are not entitled to receive overtime pay in most circumstances.

Employees who earn more than $100,000 per year are generally ineligible to sue under the Fair Labor Standards Act.  Even low paid physicians are usually subject to the FLSA’s “professional exemption” which covers anyone who performs work “requiring advanced knowledge, defined as work which is predominately intellectual in character and which includes work requiring the consistent exercise of judgment or discretion.”

The U.S. Department of Labor Fact Sheet #17D explains the elements of the professional exemption and can be reviewed though the following link:

http://www.dol.gov/whd/regs/compliance/fairpay/fs17d_professional.htm

There are still many cases, however, where people with the title “physician” are not covered by the exemption, because of their actual job duties or a number of reasons. It is best to consult an experienced attorney to determine if you are an exempt worker.

Is a Physician Entitled to Overtime Pay?

In some cases, a physician is entitled to overtime pay for all work that exceeds 40 hours in one week.

According to FLSA standards, however, many physicians fall under the “professional exemption.”

Being a physician does not automatically make you exempt, however. These pay benefits are dependent on the individuals actual job duties, not the job title – physician.

According to TheU.S. Department of Labor, if you have a medical degree, but are not licensed to practice; or if you are currently employed in a non-medical position you might be eligible to recover back pay or unpaid overtime from your employer.

Every case is different. This is why it is important to talk with one of our experienced overtime pay attorneys. We will discuss your case with you and determine whether or not you may be entitled to file a physician overtime pay lawsuit.

Does a Clinic or Hospital Have to Pay Overtime Wages to a Physician?

Yes, a hospital may have to pay a physician overtime wages for more than 40 hours worked in a single work week.

However, according to FLSA standards, employees who earn more than $100,000 per year are generally ineligible for overtime pay under the FLSA.  Even low paid physicians are usually subject to the FLSA’s “professional exemption” which covers anyone who performs work “requiring advanced knowledge, defined as work which is predominately intellectual in character and which includes work requiring the consistent exercise of judgment or discretion.”

Still, these pay benefits are dependent on the individuals actual job duties, not the job title – physician. This is why it is important to talk with one of our experienced overtime pay attorneys. Every case is different.  We will discuss your case with you and determine whether or not you may be entitled to file a Physician overtime pay lawsuit.

Is a Physician an Exempt Professional Under the FLSA Overtime Laws?

In general, the FLSA states that employees who earn more than $100,000 per year are ineligible to sue for overtime pay. There is also a “professional exemption,” which covers anyone who performs work “requiring advanced knowledge, defined as work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of judgment or discretion.”

In many cases, a physician will fall under one or both of these exemptions.

However, overtime pay benefits are dependent on actual job duties, not just the job title, “physician.” Additionally, if you have a medical degree, but are not licensed to practice; or if you are currently employed in a non-medical position, you might be eligible for overtime pay.

The U.S. Department of Labor Fact Sheet #17D explains the elements of the professional exemption and can be reviewed though the following link:

http://www.dol.gov/whd/regs/compliance/fairpay/fs17d_professional.htm

The FLSA and its exemptions can be complicated, which is why it is best to consult with an attorney who is experienced in overtime pay matters.

To determine whether you are eligible for filing a wage claim, contact our experienced Physician Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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