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EPLLAW
EPLLAW, Employment Lawyer
Category: Employment Law
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Experience:  9 years experience in employment law arena, Trial Attorney, Top HR Executive, and General Counsel
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Are dentist exempt from paying overtime to an employee who

Customer Question

Are dentist exempt from paying overtime to an employee who works more than 8 hours in a day in California. Also, are employers required to give handbooks which spell out overtime rules, sick leave,personal time and vacation. I am an employer in a small business and I have always believed that the law requires that there be an Osha manual, privacy policy, handbook ect. My wife works for a dentist awho has done none of this. Thank You.
Submitted: 4 years ago.
Category: Employment Law
Expert:  EPLLAW replied 4 years ago.

There is no overtime exemption for employees of dentists. Virtually all California employers are required to pay time and a half for working more than 8 hours but less than 12 hours a day or in the event no hours are worked over 8 any workday in the workweek then all hours worked over 40 in a workweek. Employees who work more than 12 hours in a work day are entitled to 2 times their regular rate.

 

Medical professionals are only exempt under CA state law if they certified nurse midwives, certified nurse anesthetists and or certified nurse practioners who engage in duties relevant to their respective certification issued pursuant to the Business and Professions Code. Further the exemptions applies to physicians, dentists and surgeons. The daily overtime requirements do not apply to ambulance drivers and attendants.

 

That being said, any employer can have an agreement with its employees not to pay overtime over 8 hours a day as long as they don't exceed 10 hours a day and all employees voted to except the alternative by 2/3 majority.

 

Health Care Industry

This same alternative workweek applies to your wife as an employee in the health care industry except the dentist can work his employees as many as 10 hours a day not to exceed 12, without paying overtime but only to the extent the same approval process listed above is followed, i.e. 2/3 of the staff at the dentist office would have to approve not receiving overtime in excess of 8 hours worked.

 

Lastly, there is no requirement to provide an employee handbook but Federal Law does require a summary plan description of all benefits offered pursuant to ERISA and under a qualified cafeteria plan.

Customer: replied 4 years ago.
There has not been a discussion of overtime between the dentist and my wife. There only one hygenist who was the person who told my wife that the dentist told her that ashe is exempt. For clairity in your second paragrah, second sentence you state that there are exemptions for dentist. Are you referring to the 2/3 rule and if so does there need to be a vote or written agreement or documentation of a agreed upon discussin and conclusion?
Expert:  EPLLAW replied 4 years ago.
I'm sorry, when I was referring to Dentists I meant Dentists are not eligible for OT. From the fact you have provided your wife is due overtime for all hours she has worked over 8 in any day or over 40 in a week because there was no agreement to the contrary between her employer and the employees of the office.
EPLLAW, Employment Lawyer
Category: Employment Law
Satisfied Customers: 158
Experience: 9 years experience in employment law arena, Trial Attorney, Top HR Executive, and General Counsel
EPLLAW and other Employment Law Specialists are ready to help you
Expert:  EPLLAW replied 4 years ago.
I believe there is an option to request any expert you like. I have my settings to allow me to view individual requests. Thanks for the feedback and I'd be happy to work with you in the future.

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