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
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. |