Physician Assistant Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about physician assistants:

• What Is a Physician Assistant?
• What is the Salary Range for a Physician Assistant?
• How Many Physician Assistants Are Nationally Employed?
• Where Are Most Physician Assistants Employed?
• Physician Assistant Overtime Pay Lawsuit News
• What are the Laws for Physician Assistant Overtime Pay?
• Is a Physician Assistant Entitled to Overtime Pay?
• Does a Clinic or Hospital Have to Pay Overtime Wages to a Physician Assistant?
• Is a Physician Assistant an Exempt Professional Under the FLSA Overtime Laws?
• Physician Assistant Overtime Pay Lawyer Review

What Is a Physician Assistant?

Physician Assistants perform many of the same healthcare services as a physician, while under the supervision of a physician. These services include conducting physical examinations, providing treatment to patients, and, in some cases, prescribing medication.

What is the Salary Range for a Physician Assistant?

Depending on the work setting and state where physician assistants are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, physician assistants made between $65,620 and $142,210, with the average annual salary being approximately $100,000.

How Many Physician Assistants 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
104,050	1.6%	$49.08	$102,090	0.4%

*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 assistant is as follows:

Percentile	10%	25%	50% (Median)	75%	90%
Hourly Wage	$31.55	$41.41	$48.79	$58.37	$68.37

Where Are Most Physician Assistants 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
New York	12,080	1.33	1.79	$51.46	$107,030
California	10,090	0.63	0.85	$53.30	$110,860
Texas	6,650	0.57	0.76	$46.84	$97,420
Pennsylvania	5,550	0.96	1.30	$44.65	$92,860
Florida	5,290	0.64	0.87	$49.61	$103,200

Physician Assistant Overtime Pay Lawsuit News

What are the Laws for Physician Assistant Overtime Pay?

Under the Fair Labor Standard Overtime Laws (FLSA), physician assistants (PA) are often entitled to overtime pay in most states throughout the United States. Some states have their own overtime pay laws as well that may be slightly different from the FLSA with respect to overtime pay for Physician Assistants.

Many types of jobs are considered “exempt” from the Fair Labor Standard Overtime Laws (FLSA), which means that employees working in those positions are not entitled to overtime pay wages for hours worked in excess of 40 hours per week.   One class of “exempt employees” is the “professional” exemption, which applies to physicians, lawyers, and similar professions.  Many medical facilities can claim that a Physician Assistant is a “professional” under the FLSA and entitled to overtime pay.  This issue was addressed in a federal court decision back in 2005.

In Belt v. EmCare, Inc., the Fifth Circuit Court of Appeals addressed for the first time whether Physician Assistants (PAs) were required to be paid a salary to qualify for the overtime exemption. The complaining PAs provided health care services for hospital emergency rooms in twenty states. The hospital system paid the Physician Assistants on the same hourly basis for all hours worked, including overtime. The Physician Assistants sued under the FLSA, claiming that hospital violated the statute by failing to pay them time and one-half compensation for overtime.

The Fifth Court of Appeals held that Physician Assistants were entitled to overtime pay because they were not licensed to practice medicine and had to be paid a salary to be held exempt from receiving overtime pay.  The Court held that they were entitled to overtime pay wages (1.5 times the hourly wage) for working in excess of 40 hours per week.

Is a Physician Assistant Entitled to Overtime Pay?

Physician Assistants often work long hours at hospital, clinics, and medical offices.  Quite often, a Physician Assistants will work in excess of a 40 hour work week, which makes them eligible to receive overtime wages of one and one half times their normal wage.

In calculating the number of hours worked in a day, the employer must consider all required work performed both before and after a shift, any scheduled meal breaks, staff meetings, and required paid training. Non-exempt employees must be paid for all hours worked, including work performed before or after shifts, during scheduled meal breaks, meetings, and paid training. Hours worked include hours worked at all facilities and departments or on-call, and the regular rate should include shift differential, bonuses or on-call fees.

Training outside of the workplace, such as continuing medical education, typically does not qualify as time worked for the employer.

An experienced overtime pay attorney can conclusively determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

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

Yes, in many cases, a hospital or clinic is required to pay overtime wages to physician assistants as mandated in the FLSA.

Many medical facilities have tried to claim that a physician assistant is a “professional” under the FLSA and exempt to overtime pay.  However, in the Belt v. EmCare, Inc. case the Fifth Court of Appeals held that Physician Assistants were entitled to overtime pay because they were not licensed to practice medicine and had to be paid a salary to be held exempt from receiving overtime pay.  The Court held that they were entitled to overtime pay wages (1.5 times the hourly wage) for working in excess of 40 hours per week.

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

No, physician assistants (PA) are not exempt from the Fair Labor Standards Act (FLSA). In the Belt v. EmCare, Inc. case the Fifth Circuit Court of Appeals held that Physician Assistants were entitled to overtime pay because they were not licensed to practice medicine and had to be paid a salary to be held exempt from receiving overtime pay. In addition, the Fifth Circuit Court of Appeals held that physician assistants were entitled to overtime pay wages (1.5 times the hourly wage) for working in excess of 40 hours per week.

Some states have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for Physician Assistants.  An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

To determine whether you are eligible for filing a wage claim, contact our experienced Physician Assistant 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.

Physician Assistant Overtime Pay Lawyer Review