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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 49079
Experience:  Licensed attorney helping employers and employees.
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I am a physician independent contractor in an Emergency dept.

Resolved Question:

I am a physician independent contractor in an Emergency dept. I am now told we have to add a on call shift 12 til 2a (14 hours) with no pay. We are to get paid only if we get called in. I already do 6 weekend days for this ED group, and I am single. I will now have a net loss by paying a babysitter to be on call. They say the group voted for this, but they wrote a email that we are not to discuss it with each other. Is this legal, I now know my rights are limited due to IC position What do you think?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Infolawyer replied 7 months ago.

INFOLAWYER :

Hello,

INFOLAWYER :

as an IC you need to be paid for the following

INFOLAWYER :

1. time worked

INFOLAWYER :

2. waiting time if left in a situation where on call and cannot do anything else

INFOLAWYER :

on call time it is compensable

INFOLAWYER :

and if not paid you may report the matter to the human resource and legal dept of the institution

INFOLAWYER :

this should avoid need to resort to further measures including the labor board, civil court, or a lawyer.

INFOLAWYER :

If you do have a lawyer contact them, it can help expedite payment

INFOLAWYER :

and corrective measures

INFOLAWYER :

Please let me know if that is clear.

Customer:

well, not exactly. I already work 3 weekends a month. If they add this day from 12 til 2a it will affect my one remaining

Customer:

weekend of the month. and I already work enough weekends and nights. I will not be able to leave town, or do

INFOLAWYER :

Is there a contract or handbook which limits your hours?

INFOLAWYER :

is there discrimination involved in assigning such shifts?

Customer:

anything like go to dinner, as i can get called into the ER at any given time.

INFOLAWYER :

They must pay for time worked, but otherwise have broad discretion in setting hours

Customer:

some docs get to pick what day they do these shifts due to they have a different priority with the directors. I have been there 14 years

INFOLAWYER :

If there is age discrimination, you may challenge it on that basis

INFOLAWYER :

if they have a practice of giving others choice, you may negotiate on that basis too

INFOLAWYER :

a handbook, contract or other limits on their discretion would also help

Customer:

When I tried to argue it because the night doc doesn't have to do any free hours , they said she is

Customer:

excused due to she works so many nights, but she gets paid for each of those nights. i

INFOLAWYER :

you may want to complain then to HR

INFOLAWYER :

and the legal department

INFOLAWYER :

and then escalate through the other options I mentioned earlier

INFOLAWYER :

Is the answer acceptable and clear?

INFOLAWYER :

I wish you the best.

Customer:

Ok thank you

INFOLAWYER :

very welcome

INFOLAWYER :

Have a nice evening

INFOLAWYER :

Kindly click on a positive rating.

Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 49079
Experience: Licensed attorney helping employers and employees.
Infolawyer and 3 other Employment Law Specialists are ready to help you

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