Exemption status of ultrasound and nuclear technologists?

JAlderman

We are a large medical group practice. Currently our ultrasonographers, echo-technologists and nuclear medicine technologists are classified as exempt. Can we keep them exempt under the new laws?

Shadowfax

Were they exempt before by some special provision? I don't really know what these people do, except in the most general sense, but from what I know they would not seem to be professional exempt, they are clearly not executive, and I have trouble fitting what I think they do into the admin exempt. I doubt theri work is office; I don't know about non-manual, but it doesn't seem to be related to management, perhaps general business ops...I just don't think they were properly classified in the first instance unless by some specific provision that applies only to these types of med techs...

Rockie

Hi! We are also a large medical practice and these folks that you mentioned fall under EEOC category of "technicians". Under EEOC regulations, these type employees are considered hourly employees. I see no way they could be considered exempt unless they actually ran the department (supervised, hired & fired, did performance evals, etc.).

System

Are you sure they are classified as "exempt" and not "salaried?" Are they perhaps 'salaried/non-exempt?' Have these employees worked more than 40 hours per week and not received overtime?

JAlderman

Thank you all for your helpful feedback. I think you're correct S moll, that we should consider them salaried/non-exempt. Thanks again to everyone who responded.

JJ

I agree with the other answers. I don't see anyway that ultrasonographers, echo-technologists and nuclear medicine technologists can meet the test for exemption as executive, administrative, or professional employees. The new regs will not change the duties test for technicians. I am a former W&H investigator and area director and we routinely ruled that these technical positions are not exempt.

As one of the others said, if they don't work over 40 hours a week it doesn't make much difference except for record keeping. I am sure those positions make well above the minimum wage.

JAlderman

Thank you for your help.

Shadowfax

OK JJ - we expect you to jump in regularly with your expertise as a 'former' W and H investigator. Welcome to the good guys side. Be honest now, did you guys actually use the Field Book? I fought with the DOL for 4 years trying to get one. Finally sued the fed govmt - they sent me one. It arrived on two semis and took 3 guys two days with a forklift to unload it...or maybe you guys had a summary version. I laughed out loud when I saw the size of it, and they expect us to make judgements on the basis of a few hundred pages of regulations. Go figure. I have actually used it only a couple of times, it was much more fun trying to get it outta the govmt, though once I got it I can't for the life of me understand why they were so reluctant to share it. Just becdause they could, I suppose!!

JJ

Hi Shadowfax,

Thanks for the welcome to the "good guys" side. It is interesting being on the other side of the fence and yes some of the investigators actually looked at the handbook occasionally. I don't know what they sent you but the actual W&H Compliance Manual fills 3 3-inch binders. Two of the volumes are published by BNA and some of the other reporting firms, so is not difficult to get copies of. Most of it is on-line at the DOL site.

I almost hate to tell you that I also worked for EEOC during my 25-year federal career. Oh my! But now I have been on the other side for the past 10 years.

JJ