Whether an employee paid on a per visit basis is entitled to overtime depends on several different factors.
First, an employee must be non-exempt (entitled to overtime) compared to an exempt (not entitled to overtime). Non-exempt employees paid on a per visit basis are entitled to overtime pay when they work in excess of 40 hours in a workweek. Non-exempt employees who are often paid on a per visit basis include in-home care workers. A per visit basis means that employees are paid by the visit, but they may also receive additional compensation in one form or another. In addition, employees paid per visit may receive additional compensation for travel that is longer than usual or if a visit takes longer than is customary.
Oftentimes, employees paid on a per visit basis (particularly per visit employees in the healthcare field) perform work outside of the visit. Additional work not included in the actual visit includes travel, training, paperwork, and calls with clients and healthcare providers, among other things.
Second, employees who could be classified as exempt from receiving overtime wages may still be entitled to overtime if paid on a hybrid basis. In order for an employee to be exempt, they need to meet certain requirements of one of the exemptions under the FLSA. For instance, certain learned professional exemption employees are exempt from overtime, but they must be paid on a salary or fee basis.
A per visit basis could qualify as a fee basis, but not if the compensation arrangement is a hybrid one – meaning that it is a mix between per visit and hourly. An employer that deviates from a true per visit pay scheme can make an otherwise exempt employee non-exempt and entitled to overtime pay. For example, employers may pay employees additional compensation for longer visits, pay training on an hourly basis, provide compensation for longer travel commutes, among other things. A hybrid pay scheme does not qualify as a fee basis and thus entitles employees to overtime.
We are here for you. Our goal is to fight for you to receive your hard-earned overtime wages. Our overtime attorneys will assess your compensation arrangement to determine whether you are being fully and properly compensated for the overtime wages. Call us for a FREE and confidential conversation about your right to overtime at 614-949-1181 today.