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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years. Labor and Employment. Former Administrative Law Judge.
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What is the Federal/State regulations as to On-call coverage

Resolved Question:

What is the Federal/State regulations as to "On-call" coverage that a Medical Doctor has to provide or required to provide per day/week. Meaning what is the maximum hours per
day/week that the labor laws would allow.
Submitted: 6 years ago.
Category: Employment Law
Expert:  Cowgirl Lawyer replied 6 years ago.
Hello!

Unfortunately, Kansas law does not provide an hours cap per week in its employment laws.

Federal employment laws provide no cap on the number of hours worked either. The Fair Labor Standards Act provides that non-exempt employees (generally unskilled or trade hourly employees) must be paid over-time for the hours worked in excess of 40 per week. But there is no upper limit on hours worked even for these employees, and employers can legally make overtime mandatory.

The FLSA provides NO protection for professionals. That means that under federal law, a professional has no upper limit on the number of hours worked. This is one reason for the increased interest in unionization amongst professionals.

Around the USA in recent years there has been a movement pushing for reform of employment laws with respect to nurses and hospital staff, trying to put a cap on the hours worked. This is not so much due to wanting to treat medical staff more humanely, but out of a concern for patient safety. You may find this AFSCME article enlightening, as well as this webpage from the American Nurses Association.

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Cowgirl Lawyer

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