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Do residents start getting paid right away, including the orientation week activities or is it July 1st? Just wondering 🙂 Thanks!
Do residents start getting paid right away, including the orientation week activities or is it July 1st? Just wondering 🙂 Thanks!
I got paid for orientation (much to my surprise), and the paycheck arrived right around July 1. Just call/e-mail your program coordinator and ask. It's no big deal.
If the orientation takes places during your employee's regularly scheduled hours of work, the time is probably "hours worked" and therefore has to be paid under the FLSA.
See http://www.shrm.org/Publications/hrmagazine/EditorialContent/Pages/0208hrsolutions.aspx (stating that orientation for new hires must be paid).
1) orientation usually occurs before "regularly scheduled hours of work", i.e. before residency starts;
If you are mandated to be there even before residency starts, then those are scheduled work hours.
2) residents may be considered students and not employees (age old argument)
I know that argument, but I would argue that, if I am taxed as an employee by the government, then I have rights as an employee. See http://www.nejm.org/doi/full/10.1056/NEJMp1100414 ("The Supreme Court's decision in Mayo v. United States may have other, indirect legal implications as well. Residents could find additional support in the Court's unambiguous holding for efforts to enforce other workplace rights, such as unemployment benefits (e.g., after hospital closure) or protection under the Family Medical Leave Act. Residents may not be fully trained physicians, but there are benefits to not being labeled as "students" in the eyes of the law."); see also http://www.insidehighered.com/news/...dical_residents_not_students_for_tax_purposes.
What would also help is seeing if the hospitals pay unemployment taxes and workers comp premiums here. If they do, there is a lot of support for making residents "employees." If not, it would be interesting to see if a state agency might now sue to collect those taxes.
Would I actually challenge not getting paid for orientation and risk my career? Prolly not.
Do residents start getting paid right away, including the orientation week activities or is it July 1st? Just wondering 🙂 Thanks!
1) orientation usually occurs before "regularly scheduled hours of work", i.e. before residency starts;
If you are mandated to be there even before residency starts, then those are scheduled work hours.
2) residents may be considered students and not employees (age old argument)
I know that argument, but I would argue that, if I am taxed as an employee by the government, then I have rights as an employee. See http://www.nejm.org/doi/full/10.1056/NEJMp1100414 ("The Supreme Court's decision in Mayo v. United States may have other, indirect legal implications as well. Residents could find additional support in the Court's unambiguous holding for efforts to enforce other workplace rights, such as unemployment benefits (e.g., after hospital closure) or protection under the Family Medical Leave Act. Residents may not be fully trained physicians, but there are benefits to not being labeled as students in the eyes of the law."); see also http://www.insidehighered.com/news/...dical_residents_not_students_for_tax_purposes.
What would also help is seeing if the hospitals pay unemployment taxes and workers comp premiums here. If they do, there is a lot of support for making residents "employees." If not, it would be interesting to see if a state agency might now sue to collect those taxes.
Would I actually challenge not getting paid for orientation and risk my career? Prolly not.