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EMPLOYMENT
LAW |
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January
2005
Veterinarians
Need Not Be Paid Overtime
Employees
of a veterinary group need not be paid additional
amounts for hours worked over forty, whether they are
salaried or paid per shift
Sharon
S. Moyer
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The
Ninth Circuit Court of Appeals (which governs Arizona) has
examined whether veterinarians must be paid overtime for hours
worked over forty in a workweek. The Court also examined
whether paying veterinarians on a per-shift basis, rather than
on a salary basis, destroys the exception from payment of
overtime.
Under
the Fair Labor Standards Act, most employees must be paid time
and one half for hours worked over forty in a workweek.
Certain types of professionals are exempted from payment of
overtime if they are paid on a salary basis. Also,
physicians and other practitioners of medical science are exempt
from the payment of overtime for hours worked over forty in a
workweek, even if they are not paid on a salary basis.
In
Clark v. United Emergency Animal Clinic, two
veterinarians providing emergency care for animals at night, on
weekends and on holidays for United Emergency Animal Clinic,
sued their employer claiming they were entitled to overtime
compensation for all of the twelve-hour shifts they worked.
United Emergency Animal Clinic paid them on a per-shift basis
and did not pay time and one half even if they worked more than
forty hours in a workweek. The Court dismissed the
veterinarians' claims, finding that the claims for overtime pay
failed because veterinarians should be compensated only on the
same basis as other physicians.
The
practical implications of this ruling are that employees of a
veterinary group need not be paid additional amounts for hours
worked over forty, whether they are paid on a per-shift basis,
or a salary basis.
These materials
are designed to provide general information prepared by
professionals in regard to the subject matter covered. It is
provided with the understanding that the author is not engaged
in rendering legal, accounting, or other professional service.
Although prepared by professionals, these materials should not
be utilized as a substitute for professional service in specific
situations. If legal advice or other expert assistance is
required, the service of a professional should be sought.
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