FLSA Application in Professional Office Setting

I was at a seminar yesterday, and the following "case study" came up with respect to the FLSA:

Context - Dental office, basic staffing is: Dentists (paid by productivity), Dental Hygienists (paid by productivity), Dental Assistants (non-exempt, hourly), Office Manager (Exempt, salaried), Office staff (non-exempt, hourly).

Situation: Office has a monthly mandatory meeting off-site on a Saturday morning; food provided, discussion of business topics with a business agenda. Office pays everyone a "stipend" that works out to an hourly rate that is "about" what the non-exempts" get paid, but works out to less than what the others get paid.

Question that Came Up: Is this okay with the FLSA, particularly for the Dentists and Hygienists? (Seminar leader did not answer definitively), so I became curious.

My Preliminary Assessment:
1) For the Dental Assistants and Office Staff, they should be paid at their hourly rate, or at time-and-a -half if overtime. Since its a Saturday, I might add a small "appreciation" stipend.

2) For the Office Manager, clearly no OT or hourly, as the position is salaried exempt. For morale purposes, I'd probably offer an "appreciation" stipend.

3) For the Dentists and Dental Hygienists, it seems to me that they would be considered exempt, with salary based on productivity, and as such I would treat as with the Office Manager.

Anyone have any thoughts?

Comments

  • 1 Comment sorted by Votes Date Added
  • I am not an expert, but I completely agree with your assessment.

    The Dental Assistants and Office Staff should be paid their hourly rate or overtime rate if over 40 hours for the week.

    The Office Manager is exempt and has no standing for more pay (but it doesn't hurt to put a little bonus in the paycheck).

    The Dentists and Hygienist are the only tricky ones, but this probably falls in with other duties they do in between patients (or as in a job description: other duties as assigned). No pay but it doesn't hurt to put a little bonus in the paycheck.

    Good luck!

    Nae
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