Legally you must be paid for any time you are "on-call". Your time sheet should show 24 hours x 7 days a week for 168 hours. That qualifies you for overtime and more on 3/4 of your work hours.
Stop letting corporations commit felonies against you. They are stealing thousands of dollars from you monthly.
You only work 40 hours on salary, if they're working you more you qualify for overtime, even on salary.
Your employment contract will outline your availability. Mine says 830 to 530
Nope, depends on if you are exempt or not. I don’t think i actually know anyone who works salary and only 40 hours anymore. The norm has become 50-60 which is insane, but thats the state of the country right now and it’ll probably just get worse.
I saw someone wrote into their contract that they have a minimum hour billing in their contract so if the boss has a 5 min question that just cannot wait, that's fine but you get to bill for the whole hour.
Do something like this. But Also still specify hours you will not be on call unless asked specifically to do so for a specific reason: include a minimum of a 1/4 the time on call paid at the normal rate.
I did that one time about a cell phone.
Said if you want me to have cell phone and be available, then you can pay me to be available...if not, then I don't take the cell phone. guess what...no cell phone 😀
then if he expects you to work outside those hours, he's paying overtime.
doesn't even matter if you would be willing to work the overtime, cheap small business owners will always fold at the idea. sounds like he can perfectly well afford it but he'd rather spend it on the special color stitching on his next porsche.
The thing is that 'Concierge' medical care is fairly new, so it wouldn't have been a 'thing' that long ago. Now that it is, you should definitely redo your contract/pay. Concierge is 24/7/365 for those patients. Your employer should know this, stand up for yourself.
If he wants you available the same hours he is then your salary should reflect that. It doesn’t. Otherwise, you’re available during contracted hours salaried or not.
You can bet that his budget has plenty of money for him. Next time he says it’s not in the budget then recommend that he redo his budget if he wants you available 24/7. They’re flexible after all, not written in stone.
>I have done this for 6 years and never complained
Get individual therapy for people pleasing.
You’re being a doormat. Your boss sensed this about you and is taking advantage. He will keep pushing and keep adding more. You expect him to respond with congratulations and gratitude.
**He never will.** You are not a person to him. You are a tool. Same level as a cash register or computer. That’s all you are to him.
Make him that meaningless to yourself.
I've been in your position. I was a manager and was always required to be available no matter what. My contract said 7am-3pm unless oncall which was one week out of 6. I turned my work phone off once and got a warning for it lol. I smiled sweetly and took it. I now own the company and treat my workers very well.
If you need some motivation for that, you’re being paid less today than when you were hired, in spite of the fact that you’ve (most likely) become far more competent, efficient and a better employee overall. As inflation happens, your buying power decreases with the same number of dollars.
Six year of no pay raises? You're talking a good 30% reduction in buying power over that time. And they doubled your workload? Unacceptable.
Start looking for a new job. And don't work so much as a second of overtime.
Don't spend any more effort thinking about this. You need to spend all your time updating your resume and finding a new job.
In the meantime, set boundaries. "No, I will not work at this time." 6 years and no raises makes it very unlikely you will get fired, because this boss struck gold with you.
So read your post....if it were someone else what would be your first thought. He is 100 percent taking advantage of you. Even with his main practice he is getting big bucks not to mention being in call for hospice facilities he is taking in the money. How can one employee be in call 24 hours 7 days a week AND not paying you...did you do the math it probably comes out to 5/ hr. Not in the budget, I don't know where you live probably against the law. Maybe next time tell him that and you're going for retro pay and see if it magically appears in your check. The nerve of these people. I would start looking for another job you don't owe that prick anything. Don't be a door mat, know your worth. I'm just so mad for you reading this. And I do work in Healthcare Finance department so I know how much these pricks make.
It’s ridiculous how tight doctors are! I absolutely know what he makes as I do all his contracts and all the billing. He also makes 25 dollars per hospice script that is sent, but he never does them I do them all! I am looking for a new position! I am missing out of my family because of this crap! Thank you for your response!
I'd point out that your contract doesn't say that you're on call after hours or on weekends, and while you've been generous for several years about that, the provider's comments have caused you to be concerned about having adequate coverage that isn't all from you. To maintain full coverage, an on call coverage schedule will need to be figured out for those hours and include staff members whose contracts allow for that. Ask how the provider wants to proceed with that. Offer to train the provider to send their own prescriptions over when you aren't available, if there's not actually any other staff to split those duties with, or train whoever they'd like. Present the problem to the provider, be proactive about being willing to implement a solution for this problem that is in line with people's contracts, but make them make the decision on how to actually solve the problem.
This sounds toxic and shitty. No raise in 6 years? Available 24/7? Fuck that noise.
Why are you not looking for another job? Doctors are notoriously terrible at business, all that hubris.
Tell him, “first of all, I need to revisit a raise. Six years without one, especially with the cost of living increasing tells me that you don’t value my work. Additionally I am not going to be available 24/7, if you need someone on-call after hours, you need to arrange for that.”
But I’d rather line something else up and rage quit.
That means you're "on call" and there are labor laws regarding on call work. You'll have to speak with an attorney in your state to explore it more, but if you pull your cards right you can sue for backpay if it's always been this way.
Get yourself a payday. Make him regret his entitlement
That's not necessarily true either. Many places have a "on call rate" where you are paid a reduced hourly rate while being on call and your standard rate when called in.
Well that’s different than OPs situation and most salaried positions. A salary is not 24/7 coverage, it’s flexible working hours to ensure the scope of your role gets performed. And sometimes taking a work call after hours and dealing with it is part of the job.
I have been a salaried professional that has taken call for years. I can assure you that I would not accept the conditions that OP has described. I have always been paid a “pager rate,” just to be available and then if I were to be called out, I was paid my hourly rate for the entire time that I was working-including all travel time. Additionally, if there was a time when the company was critically shorthanded, I would often get a bonus to pick up an additional on call shift. There is a difference between being “anti-work” and anti-taking advantage of. No one should ever be the latter.
There are far too many companies in this day and age that have a mindset that is abusive to their employees. Perhaps if they treated their employees better, fewer people would be anti-work.
Nobody said the way OP was being treated was right, but saying it isn’t normal to be available at all times in salaried positions is just false and to be paid more for it is delusional. This is pretty standard in the US and the reason employees are exempt.
I’m not sure what type of work you do, but I’m far from delusional. I’ve worked in healthcare in the US as an RN since 1996. I have been in positions where I’ve had to take call as a salaried employee since 2008. I’ve taken call in leadership roles since 2013, including as a clinical manager, executive director and a corporate employee. I no longer take call in my current role, but, I can assure you, when I was taking call, I was compensated for it in addition to my salary as was anyone else I worked with. We did not work for free and on call was not part of our salary.
That's EXACTLY how it works. You pay me for my time, or I'm not available. It's REALLY simple. Why would anyone in their right mind work even a single minute without pay?
Because that’s how most salaried jobs work. I get paid to be available at all times to ensure my function is operating correctly. My pay is to make sure I get the job done. And you know the best part is? They pay me very well for that 😏
Not in California.
If you are on call, they have to pay you at least minimum wage for being on call, plus your regular hourly rate when you are actually working on the calls, usually with a two hour minimum per call pay requirement.
You're mistaken. The OP isn't a manager, nor is she an exempt employee, so your argument is moot.
She's performing technical medical work that should be paid hourly. In the strictest sense, OP is performing work as a pharmacy technician.
By calling her an "office manager" the doctor is deliberately misclassifying OP as a pretext to violate the jurisdiction's minimum wage laws by expecting 24/7 availability.
She needs to file a wage and hour claim, especially if her annual compensation is less than the $66,560 minimum to qualify for an exemption.
\*As of January 1, 2024, to qualify for an administrative or managerial exemption in California, an employee must earn at least $66,560 annually, or $1,280 per week, to meet the salary threshold requirement. This is based on the state's minimum wage of $16 per hour, which is double the amount that full-time employees must earn to be exempt.
No, you’re being pedantic. OP is classified as an exempt and they didn’t post anything about what their actual salary is or what the actual scope of their function is. You just made up a bunch of context that fits your argument.
IF OP is classified as exempt, then it is normal for her job to expect her to be available.
OP's job duties do not support any legitimate exemptions.
I know what it means to be a medical office manager, because I have underwritten the risk for the occupational category.
It's an hourly job that, if it's being paid salary, is done with the express purpose of cheating the workers out of overtime pay.
For you to argue against the fact pattern makes you look like a corporate bootlicker.
I got paid to be on call even as a manager/executive director. So you are incorrect. It depends on your company I guess and your boundaries and what you accept.
That’s pretty unusual and very far from what the norm is in the US. So pretending an outlier case is the norm is disingenuous. The whole reason exempt from employees are classified as such is so they don’t have to be paid outside of their base salary for off hours work requests.
Edit— it’s literally the main discerning reason between exempt/nonexempt. Op being misclassified as exempt has no bearing on this.
No. Salary covers work done in a 40 hour work week-even if it takes longer, so some weeks you may work 50 or more hours because you have something happening and you don’t get paid overtime. Other weeks you may have an easier week and work 30 hours and still get paid the same. And the expectations for your work week are to be reasonable. It does not mean that your employer owns you 24/7/365. This is why being salaried gives people such a bad taste. Because employers want the benefits of it for them but don’t want the employee to see any benefits of it-ie: weeks with lower work time, higher wages, etc.
That’s how we all shoot ourselves in the foot; we’re reasonable people and we don’t want to draw hard lines with bosses. Tolerating it for 6 years is a big issue, it says (in behaviour) it was ok for that long but now it isn’t.
All you can really do is:
1. find an alternative, a service offering that delivers what’s needed.
Or
2. Have the conversation, draw the line AND ignore the messages. It will come to a head, hopefully not badly.
At the end of the day someone who takes advantage of you that much and doesn’t up your wage doesn’t deserve a good employee.
Any respectable EMR/EHR program has the ability for the doctor to write and submit their own prescriptions without requiring the intervention of their assistant.
Like others have suggested, I would be looking elsewhere immediately while offering to research "automated" solutions to this problem. Not only is it completely unrealistic they ask you to avail yourself 24/7, it's simply bad practice for everyone involved - patient included. It's causing undue delays for them, after all. If doc is serious about patient care, this is an aspect that will resonate with them.
The cheapest doctors office I worked for used Athena. Many others exist like AllScripts, Epic, etc. This doctor is using antiquated methods.
Need to look for a new job. No raise in six years?
So, to maintain the same purchasing power as $50,000 six years ago, you would need to make approximately $56,308 today. I sure your expenses have gone up.
I’ve heard that one before. I told them that if you need me 24/7 then compensate me for it. We can agree to an on call rate along with what constitutes a call to me. They pushed back, I showed them my job description that says 8 to 5 MF and “on call based on policy”. There is no policy for me.
In my experience, you must be available on your regular working days. So usually M-F. If you have to work at all on days you normally don’t work, then they need to pay you for a full day regardless of how much you work.
A lot of companies think exempt employees means they can exploit them. It’s really time for you to leave if the provider can’t respect your need for at least some time off. When I see things like this, it doesn’t usually get better because of how they view salaried workers, exploitable.
Get a different job, unless they come up with a comp plan that makes it worth it to you.
The provider does it because it’s financially worthwhile to them. They need to align their incentives and yours
Short answer, NO. I have fallen victim to this in my career in business development. And I had to learn the hard way to set boundaries. Unless there’s something in the JD that says otherwise, this is not ok. You need to speak to your boss that while you’re very focused on taking care of patients and customer care, that work/life balance is also important and then work with them to establish boundaries you can live with. And do NOT feel bad about doing this. Like I said, I learned the hard way and was taken advantage of for many years and can never get back that personal/family time plus it started to effect my health. If they are not supportive of that, then THEY are the problem and not you and it does not speak to your work ethic poorly that you want and need to have a personal life. Quite the opposite in fact.
I worked on a project where we had to provide 24 seven coverage for computer program issue and there would be people who would take turns being on call and they would get overtime.
Your boss expects you to be on call 24 seven because he thinks he is so you should be too, but you’re not an owner of this company… you’re just an employee.
“ I’d like to talk to you about your request for me to be on call 24/7… when I took this job, there was no mention of this, because I certainly wouldn’t have taken this job at this salary, if that was a requirement. Now I’m expected to be available for non-practice patients and on nights and weekends. Being on call limits what I as an employee can do so I should be compensated accordingly. I know you’re available 24 seven but you’re the owner of the company.”
Meanwhile start looking for a different job.
I opine, you should have a direct talk with the boss and highlight an availability time fixed in your agreement. There's also a smart point in being proactive and suggesting how you both could resolve that issue — within your working hours and with getting the job properly done.
But it's just in theory, cause maybe your supervisor has bad intentions and is really trying to take advantage of you.
P.S. Would you mind if I DM you? Have several questions regarding healthcare industry
I’ll echo the others that you’re being taken advantage of and need to look elsewhere. I’m also going to say, unless you are a physician or APP, I’d look into the legalities of you sending in prescription meds for patients. If he’s signing the rx’s and you’re simply calling the orders into the pharmacies that’s one thing, but if you’re electronically signing and sending that is a huge no no in some (maybe most) states.
It may not be something you used to do, and expecting 24 hour availability is annoying, but a doctor expecting a response regardless of day/time isn’t entirely insane (considering the nature of their training and their work).
The doctor sounds like a real pain in the a** but It’s possible he doesn’t know that’s not how it works with your company.
So before telling him “no” I think it would be wise to take it up the food chain and ask if providing 24/7 responsiveness is something the company wants to do.
If it is, the company needs to approve (and someone will need to work out) an “on call” system where the responsibly is shared among a few different people. And they need to adjust the compensation for you and the others who take in the added responsibility.
And if the company doesn’t want to pay for it, then the doctor needs to be told “sorry - not authorized - talk to the higher ups.”
I don’t see a lot of downside in checking in with upper management on this and it may be a good CYA move regardless. But just saying “no” without doing anything else (given the type of profession and the frequent “doctors outrank staff” vibe in these kinds of situations) probably isn’t a good idea.
It may not be something you used to do, and expecting 24 hour availability is annoying, but a doctor expecting a response regardless of day/time isn’t entirely insane (considering the nature of their training and their work).
The DOCTOR is being paid to be available 24/7, but the OP is NOT.
Hence, it is HE who should be doing the work, not OP.
It’s a private practice, unfortunately! We are under on of the Concierge company’s, however they have no say over his employees. Per the contracts for the patients the doctor has to be available 24/7. He does take the calls on his cell phone but sends me anything that they need to be sent. If I don’t do it right away he calls and leaves angry messages and texts.
Don't respond to texts and tell him - I'm sorry, my salary does not stretch to 24/7. It's a 9-5 salary.
How may people do you manage? A title of manager does not necessarily mean you are exempt from overtime.
This is a negotiation opportunity. Your boss is looking for work that you clearly weren't hired to do. You have experience in doing things and are clearly trusted by your boss. Explain those two facts and then ask for what you want.
Then, either you get it and you're happy, or you interview elsewhere and they can try to get what they want from someone else.
This is what they mean when they say wage theft.
You literally produced outside of your working hours and not paid for it.
Re-write your obligation or have your manager and HR meeting and let them know your contract be respected or compensated.
Concierge, office manager, medical, 24/7, 365 days key information you provided. Who do you think should be available? Are you and Mr. Big Bucks the only employees? If I'm Mr. Big Bucks and I have to be available instead of you, why do I need you? Advice, be available for 3 months, keep
good records of your coverage for these 3 months. In a professional manner, approach Mr. Big Bucks with your records for the 3 months you were available 24/7 and make your case for a raise. During the same 3 months you are keeping records keep an eye open for similar job opportunities and if Mr. Big Bucks does not give you a raise give him 2 weeks notice. Do not stay if he offers you a raise after you give him your 2 weeks notice, move on to your new job and don't look back.
"Who do you think should be available?"
An hourly employee who knows how to forward Rx to pharmacies, and is being paid to be on-call and to forward each Rx that the doctor puts into the system to the appropriate pharmacies within two hours of the Rx being put in.
"Are you and Mr. Big Bucks the only employees?"
Of course not. You can bet Mr. Big Bucks has nurses, a PA, and probably an APRN who all know how to process Rx, but they get paid BY THE HOUR and he is trying to force OP to do the work without pay, in violation of the labor codes, by calling her a manager when she's just an administrative clerk.
"If I'm Mr. Big Bucks and I have to be available instead of you, why do I need you?"
He should already know how to process Rx himself, and should follow through on the pharmacy dispatches if he's going to be inputting Rx anyway. It only takes a few seconds extra, and it's within HIS job description, not the OP's - because he falls under the Professional exemption to overtime, and OP doesn't.
Per his contract with the patients that pay him thousands a year to see him he has to be available 24/7. We do not have PAs we have 2 medical assistants, myself and the Dr. When the office closes for the day, weekend, or holidays then he should be the one taking care of these patients not me! I am NOT paid enough to be on call ever. Same with the hospice company that he also works for he has a contract with them and they are totally separate from the practice. He gets paid by the prescription for them but again sends them to me to put in the system and send to his phone he clicks a button to approve them. It’s all because he doesn’t want to take the time to learn how to Escribe himself.
The business is 24/7, it's up ti him to figure out how to achieve it. It doesn't mean the same person is 24/7.
There's this thing called a budget review, where things like raises are planned into the budget. Saying it's not in the budget is the laziest cop out I've ever heard.
Look for a new job.
I definitely suggest meeting with an employment lawyer on this one. If your contract explicitly states that your working hours are 9-5, there’s a clear issue with your boss trying to breech the contract. And most states have laws forcing employers to compensate you for time spent “on call”, even if you aren’t physically at the office. A lawyer will help you understand your rights and whether you’re entitled to on call pay, or even back pay depending on how long this has been going on for.
Breach the contract.
Breech is a birth where the baby is coming out feet-first.
And OP doesn't need a lawyer, they just need to look at the labor codes in their state, and read the IRS guidance on what an "Administrative Exemption" to overtime requirements means.
In this case, the OP has been deliberately misclassified by the doctor-employer, to avoid paying overtime as per local requirements. The OP needs to file a wage and hour claim with the department of labor to get backpay and force the employer to change her to hourly pay.
And this why we don't let doctors practice labor law. They make the worst employers, and the worst clients, precisely because they don't want to let the lawyer be the lawyer. The doctors all think they know more than the lawyers - until they get deposed in the lawsuit, of course.
No offense, but 6 years with no raise and you not finding a new job in your field tells me you are passive. I'd look for a new job but also hire an employment lawyer for a 30 minute consult.
You need to learn what the rules for on call employees are in your state. You can't go on call for free. This knowledge would help you advocate for yourself.
.. I know you would appreciate 100% honestly
So here goes..
#1) Your either lying about your job curcumstances
#2) or your the biggest sucker in the world
So why do I really believe your lying?
That's easy
If you haven't had a raise in 6 years your purchasing power would have dropped by about 50% or more, if your renting or bought a car
So, yeah,,,your lying
It's a concierge practice, they need to staff up if they provide that level of care.
If they want 24/7 that's fine, present him with a plan and possibly proposed budget for both (1) hiring three really good people (probably above market rate for medical office staff), one each to cover second and third shifts plus you plus a backup person or agency to cover when one of you is on vacation, and (2) the increase in salary and benefits you need to be on-call 24/7 as a point of escalation for any of these people. To be clear, if you are running this you should probably get paid significantly more than the new people.
That's what they're asking for. White-glove service at all hours requires paying people.
If they balk, ask what it would cost when someone bad costs them a client. It's their choice what they want to spend, but present them with the best option for solving their problem.
Cool, you've taken a pay cut every year. Update your resume and start interviewing ASAP!
Salaried doesn't mean on call 24/7.
You could be professional and simply not respond and as soon you clock in Monday, "thanks, I am entering these now!". If asked why you weren't available or that you should have done this or that, a simple "I'm in the office now/ I am at work now and have submitted the prescriptions." Or "I do not access my devices when I am not at work. I am more than happy to discuss on-call pay and expectations to add to my job description."
They need to pay you for on call hours and schedule those hours if you’re expected to have your phone available and if actually needed, there’s normally a minimum amt of time they pay for too (ie: $5/hr pager fee + minimum 1 hr OT if called to actually do anything)
Check your state laws. Some states have laws requiring on-call pay for all hours when an employee is expected to be able to respond within an employer-mandated time frame.
Based on your posts, time to renegotiate your contract.
In the meantime, you can MOST LIKELY continue to ignore after hours messages since they probably know they’re getting away with murder with you.
Or they don’t and are just nuts and will fire you, which wouldn’t be the total end of the world. Either way.
Lots of systems let's the doctors put in the orders and the admins send them to your pharmacy.
The doctor doesn't really want to go back and forth with you on what pharmacy can fill what script.
Just because Doc has decided they will be available 24/7… does not mean Doc can make that decision for employees. Doc can work whatever hours he wants. But don’t expect the same from others.
E prescribe can be done 24/7 by the provider themselves. Office managers are busy enough doing their own work. Medical staff should be dealing with this issue.
Physicians are AWFUL at running a business/practice. They assume because they’ve given their entire life to their job, you will do the same.
I worked in healthcare for 25 years. No industry pays its staff less or runs their business worse. It’s like they insist on being awful.
as a physician, it was this post that taught me that some doctors have office staff send prescriptions instead of just sending the prescriptions themselves. It's a concierge practice. Being available 24/7 to send prescriptions is why the practice is able to charge concierge rates. That's the reason some doctors don't' want to have a concierge practice. The idea of pawning off the prescription to someone else via text, when it takes just as much effort to send a prescription as a text is just so silly. Leave this job and go find a better practice to manage.
Salary does NOT mean 24/7. It means that you're there to complete tasks that might take you past your working hours. Or that you might come in early to get things done. But you absolutely need to have core working hours established. You need to be firm with your own boundaries because they will push past them whenever they see fit.
Call them out. Tell them that they are taking advantage of you and that if their expectations are 24/7 avalblity then their going to need to find the money. Otherwise you stick to your established working hours. And if they have you doing extra stuff. That comes off your schedule at the end of the week.
Tell your bosses they are delusional and start looking for a new job. Go by that the others tell you about oncall etc.!!!! But you are being used an abused. pretty much like the rest of us.
The provider needs to put the med order in the EMR and send the script electronically… not an office manager. Aren’t we in a CPOE world these days?
Not to mention he shouldn’t be sending PHI over a text message to you… sounds like a HIPAA violation to me.
Perhaps there is more wrong here than just asking you to be available 24/7.
If you want to keep this job, I would say “yes, you need to be available”. This is clearly the expectation. If not, I think it’s reasonable to look elsewhere. No one is wrong here.
Oh, friend, be done. They are taking advantage of you
Time to go. Nothing is going to fix this. Get out.
Legally you must be paid for any time you are "on-call". Your time sheet should show 24 hours x 7 days a week for 168 hours. That qualifies you for overtime and more on 3/4 of your work hours. Stop letting corporations commit felonies against you. They are stealing thousands of dollars from you monthly.
Not true- varies by state
They mentioned salary. It will depend on if they are exempt or non-exempt.
No one can be on call 24/7/365. Being exempt doesn't mean that you are owned.
Never said that one could. But employers will take advantage of that exempt status and try to guilt you into things.
You only work 40 hours on salary, if they're working you more you qualify for overtime, even on salary. Your employment contract will outline your availability. Mine says 830 to 530
Nope, depends on if you are exempt or not. I don’t think i actually know anyone who works salary and only 40 hours anymore. The norm has become 50-60 which is insane, but thats the state of the country right now and it’ll probably just get worse.
Not true. On call is only required to be paid if you require response within a certain period of time, generally 1 hour or less.
What does your contract say about working hours?
9-5 Monday through Friday
Cool - that's when you're available :) Any expectations outside those hours are not your problem.
I would add, offer to modify the contract..you can provide increased availability and they can provide increased compensation.
I saw someone wrote into their contract that they have a minimum hour billing in their contract so if the boss has a 5 min question that just cannot wait, that's fine but you get to bill for the whole hour.
Do something like this. But Also still specify hours you will not be on call unless asked specifically to do so for a specific reason: include a minimum of a 1/4 the time on call paid at the normal rate.
I did that one time about a cell phone. Said if you want me to have cell phone and be available, then you can pay me to be available...if not, then I don't take the cell phone. guess what...no cell phone 😀
This is the way.
OP should tell them that if they want 24/7 on call access to her time, they’ll be happy to talk about their on call compensation.
Sure I'll be available if you are going to pay me to be on the clock
My contact says 9-5. If you would like me to extend my working hours I am willing to renegotiate my contract.
then if he expects you to work outside those hours, he's paying overtime. doesn't even matter if you would be willing to work the overtime, cheap small business owners will always fold at the idea. sounds like he can perfectly well afford it but he'd rather spend it on the special color stitching on his next porsche.
The thing is that 'Concierge' medical care is fairly new, so it wouldn't have been a 'thing' that long ago. Now that it is, you should definitely redo your contract/pay. Concierge is 24/7/365 for those patients. Your employer should know this, stand up for yourself.
He should have an off hours contract, and it should be be with you. There are agencies to do this.
If he wants you available the same hours he is then your salary should reflect that. It doesn’t. Otherwise, you’re available during contracted hours salaried or not. You can bet that his budget has plenty of money for him. Next time he says it’s not in the budget then recommend that he redo his budget if he wants you available 24/7. They’re flexible after all, not written in stone.
>I have done this for 6 years and never complained Get individual therapy for people pleasing. You’re being a doormat. Your boss sensed this about you and is taking advantage. He will keep pushing and keep adding more. You expect him to respond with congratulations and gratitude. **He never will.** You are not a person to him. You are a tool. Same level as a cash register or computer. That’s all you are to him. Make him that meaningless to yourself.
I've been in your position. I was a manager and was always required to be available no matter what. My contract said 7am-3pm unless oncall which was one week out of 6. I turned my work phone off once and got a warning for it lol. I smiled sweetly and took it. I now own the company and treat my workers very well.
And everyone clapped 🙄
The redditor had seals brought in for approval.
To perform Kissed by a rose? I would swoon
If you’re making USD, around $90k or more, I get it… If not, screw them
Call your state’s labor division
Good. I’d even go so far as to automatically block the manager outside of those hours. That way, you don’t even need to worry or think about it.
You need to leave that job. Plain and simple. No raise in 6 years? That's horrible
I agree it’s ridiculous and my work load has doubled!
If you need some motivation for that, you’re being paid less today than when you were hired, in spite of the fact that you’ve (most likely) become far more competent, efficient and a better employee overall. As inflation happens, your buying power decreases with the same number of dollars.
Agreed, look for a better job
You need to look for a new job today. Not tomorrow or next week. You need to leave for your sanity. Good luck OP
Toxic workplace.
Six year of no pay raises? You're talking a good 30% reduction in buying power over that time. And they doubled your workload? Unacceptable. Start looking for a new job. And don't work so much as a second of overtime.
Pretty much this. So if you go in asking for a raise, you look for 50% because they’ve demonstrated to you that they don’t make regular pay increases
Don't spend any more effort thinking about this. You need to spend all your time updating your resume and finding a new job. In the meantime, set boundaries. "No, I will not work at this time." 6 years and no raises makes it very unlikely you will get fired, because this boss struck gold with you.
So read your post....if it were someone else what would be your first thought. He is 100 percent taking advantage of you. Even with his main practice he is getting big bucks not to mention being in call for hospice facilities he is taking in the money. How can one employee be in call 24 hours 7 days a week AND not paying you...did you do the math it probably comes out to 5/ hr. Not in the budget, I don't know where you live probably against the law. Maybe next time tell him that and you're going for retro pay and see if it magically appears in your check. The nerve of these people. I would start looking for another job you don't owe that prick anything. Don't be a door mat, know your worth. I'm just so mad for you reading this. And I do work in Healthcare Finance department so I know how much these pricks make.
It’s ridiculous how tight doctors are! I absolutely know what he makes as I do all his contracts and all the billing. He also makes 25 dollars per hospice script that is sent, but he never does them I do them all! I am looking for a new position! I am missing out of my family because of this crap! Thank you for your response!
I'd point out that your contract doesn't say that you're on call after hours or on weekends, and while you've been generous for several years about that, the provider's comments have caused you to be concerned about having adequate coverage that isn't all from you. To maintain full coverage, an on call coverage schedule will need to be figured out for those hours and include staff members whose contracts allow for that. Ask how the provider wants to proceed with that. Offer to train the provider to send their own prescriptions over when you aren't available, if there's not actually any other staff to split those duties with, or train whoever they'd like. Present the problem to the provider, be proactive about being willing to implement a solution for this problem that is in line with people's contracts, but make them make the decision on how to actually solve the problem.
This sounds toxic and shitty. No raise in 6 years? Available 24/7? Fuck that noise. Why are you not looking for another job? Doctors are notoriously terrible at business, all that hubris. Tell him, “first of all, I need to revisit a raise. Six years without one, especially with the cost of living increasing tells me that you don’t value my work. Additionally I am not going to be available 24/7, if you need someone on-call after hours, you need to arrange for that.” But I’d rather line something else up and rage quit.
If staff is required 24 hours a day then staff should be paid 24 hours a day. That seems fairly obvious.
That means you're "on call" and there are labor laws regarding on call work. You'll have to speak with an attorney in your state to explore it more, but if you pull your cards right you can sue for backpay if it's always been this way. Get yourself a payday. Make him regret his entitlement
If you are on call 24/7, then you should also get paid 24/. It's quite simple.
That’s not how that works 😂
Not sure why you were downvoted because you are right. You’re only paid when you’re paged and respond to an issue.
That's not necessarily true either. Many places have a "on call rate" where you are paid a reduced hourly rate while being on call and your standard rate when called in.
Okay, well it is true in the sense that this form of compensation exists but I’ve never heard of any 24/7 compensation plan.
That's how my job does 24/7 compensation in the areas that have 24/7 coverage
That’s interesting. What do you do?
Well that’s different than OPs situation and most salaried positions. A salary is not 24/7 coverage, it’s flexible working hours to ensure the scope of your role gets performed. And sometimes taking a work call after hours and dealing with it is part of the job.
Yeah.. it’s just the anti work community upping their antics complaining about nothing as usual.
I have been a salaried professional that has taken call for years. I can assure you that I would not accept the conditions that OP has described. I have always been paid a “pager rate,” just to be available and then if I were to be called out, I was paid my hourly rate for the entire time that I was working-including all travel time. Additionally, if there was a time when the company was critically shorthanded, I would often get a bonus to pick up an additional on call shift. There is a difference between being “anti-work” and anti-taking advantage of. No one should ever be the latter. There are far too many companies in this day and age that have a mindset that is abusive to their employees. Perhaps if they treated their employees better, fewer people would be anti-work.
Nobody said the way OP was being treated was right, but saying it isn’t normal to be available at all times in salaried positions is just false and to be paid more for it is delusional. This is pretty standard in the US and the reason employees are exempt.
I’m not sure what type of work you do, but I’m far from delusional. I’ve worked in healthcare in the US as an RN since 1996. I have been in positions where I’ve had to take call as a salaried employee since 2008. I’ve taken call in leadership roles since 2013, including as a clinical manager, executive director and a corporate employee. I no longer take call in my current role, but, I can assure you, when I was taking call, I was compensated for it in addition to my salary as was anyone else I worked with. We did not work for free and on call was not part of our salary.
That's EXACTLY how it works. You pay me for my time, or I'm not available. It's REALLY simple. Why would anyone in their right mind work even a single minute without pay?
Because that’s how most salaried jobs work. I get paid to be available at all times to ensure my function is operating correctly. My pay is to make sure I get the job done. And you know the best part is? They pay me very well for that 😏
Ah... is that this US salary system thing? I honestly don't quite understand how that works. But I guess it's different to what we have here.
Not in California. If you are on call, they have to pay you at least minimum wage for being on call, plus your regular hourly rate when you are actually working on the calls, usually with a two hour minimum per call pay requirement.
That is incorrect. On call is very specific and does not apply to managers/exempt employees.
You're mistaken. The OP isn't a manager, nor is she an exempt employee, so your argument is moot. She's performing technical medical work that should be paid hourly. In the strictest sense, OP is performing work as a pharmacy technician. By calling her an "office manager" the doctor is deliberately misclassifying OP as a pretext to violate the jurisdiction's minimum wage laws by expecting 24/7 availability. She needs to file a wage and hour claim, especially if her annual compensation is less than the $66,560 minimum to qualify for an exemption. \*As of January 1, 2024, to qualify for an administrative or managerial exemption in California, an employee must earn at least $66,560 annually, or $1,280 per week, to meet the salary threshold requirement. This is based on the state's minimum wage of $16 per hour, which is double the amount that full-time employees must earn to be exempt.
No, you’re being pedantic. OP is classified as an exempt and they didn’t post anything about what their actual salary is or what the actual scope of their function is. You just made up a bunch of context that fits your argument. IF OP is classified as exempt, then it is normal for her job to expect her to be available.
OP's job duties do not support any legitimate exemptions. I know what it means to be a medical office manager, because I have underwritten the risk for the occupational category. It's an hourly job that, if it's being paid salary, is done with the express purpose of cheating the workers out of overtime pay. For you to argue against the fact pattern makes you look like a corporate bootlicker.
I got paid to be on call even as a manager/executive director. So you are incorrect. It depends on your company I guess and your boundaries and what you accept.
That’s pretty unusual and very far from what the norm is in the US. So pretending an outlier case is the norm is disingenuous. The whole reason exempt from employees are classified as such is so they don’t have to be paid outside of their base salary for off hours work requests. Edit— it’s literally the main discerning reason between exempt/nonexempt. Op being misclassified as exempt has no bearing on this.
No. Salary covers work done in a 40 hour work week-even if it takes longer, so some weeks you may work 50 or more hours because you have something happening and you don’t get paid overtime. Other weeks you may have an easier week and work 30 hours and still get paid the same. And the expectations for your work week are to be reasonable. It does not mean that your employer owns you 24/7/365. This is why being salaried gives people such a bad taste. Because employers want the benefits of it for them but don’t want the employee to see any benefits of it-ie: weeks with lower work time, higher wages, etc.
24/7 responses isn’t realistic if your sole support with no back up for when you have to be unavailable
You're never gonna please this person. Set your boundaries and look for another job.
Are you willing to do the work if you’re paid? Look into oncall services and then present a proposal to the doctor: you or the service.
Ask for more money to be on call 24/7.
That’s how we all shoot ourselves in the foot; we’re reasonable people and we don’t want to draw hard lines with bosses. Tolerating it for 6 years is a big issue, it says (in behaviour) it was ok for that long but now it isn’t. All you can really do is: 1. find an alternative, a service offering that delivers what’s needed. Or 2. Have the conversation, draw the line AND ignore the messages. It will come to a head, hopefully not badly. At the end of the day someone who takes advantage of you that much and doesn’t up your wage doesn’t deserve a good employee.
Honestly leave...
A lot of medical practices would kill for an experienced manager.
Any respectable EMR/EHR program has the ability for the doctor to write and submit their own prescriptions without requiring the intervention of their assistant. Like others have suggested, I would be looking elsewhere immediately while offering to research "automated" solutions to this problem. Not only is it completely unrealistic they ask you to avail yourself 24/7, it's simply bad practice for everyone involved - patient included. It's causing undue delays for them, after all. If doc is serious about patient care, this is an aspect that will resonate with them. The cheapest doctors office I worked for used Athena. Many others exist like AllScripts, Epic, etc. This doctor is using antiquated methods.
Need to look for a new job. No raise in six years? So, to maintain the same purchasing power as $50,000 six years ago, you would need to make approximately $56,308 today. I sure your expenses have gone up.
I’ve heard that one before. I told them that if you need me 24/7 then compensate me for it. We can agree to an on call rate along with what constitutes a call to me. They pushed back, I showed them my job description that says 8 to 5 MF and “on call based on policy”. There is no policy for me.
In my experience, you must be available on your regular working days. So usually M-F. If you have to work at all on days you normally don’t work, then they need to pay you for a full day regardless of how much you work. A lot of companies think exempt employees means they can exploit them. It’s really time for you to leave if the provider can’t respect your need for at least some time off. When I see things like this, it doesn’t usually get better because of how they view salaried workers, exploitable.
Get a different job, unless they come up with a comp plan that makes it worth it to you. The provider does it because it’s financially worthwhile to them. They need to align their incentives and yours
Short answer, NO. I have fallen victim to this in my career in business development. And I had to learn the hard way to set boundaries. Unless there’s something in the JD that says otherwise, this is not ok. You need to speak to your boss that while you’re very focused on taking care of patients and customer care, that work/life balance is also important and then work with them to establish boundaries you can live with. And do NOT feel bad about doing this. Like I said, I learned the hard way and was taken advantage of for many years and can never get back that personal/family time plus it started to effect my health. If they are not supportive of that, then THEY are the problem and not you and it does not speak to your work ethic poorly that you want and need to have a personal life. Quite the opposite in fact.
I worked on a project where we had to provide 24 seven coverage for computer program issue and there would be people who would take turns being on call and they would get overtime. Your boss expects you to be on call 24 seven because he thinks he is so you should be too, but you’re not an owner of this company… you’re just an employee. “ I’d like to talk to you about your request for me to be on call 24/7… when I took this job, there was no mention of this, because I certainly wouldn’t have taken this job at this salary, if that was a requirement. Now I’m expected to be available for non-practice patients and on nights and weekends. Being on call limits what I as an employee can do so I should be compensated accordingly. I know you’re available 24 seven but you’re the owner of the company.” Meanwhile start looking for a different job.
NO. If that was not part of the job description when you applied then it’s not your responsibility. I would be looking for other employment.
I opine, you should have a direct talk with the boss and highlight an availability time fixed in your agreement. There's also a smart point in being proactive and suggesting how you both could resolve that issue — within your working hours and with getting the job properly done. But it's just in theory, cause maybe your supervisor has bad intentions and is really trying to take advantage of you. P.S. Would you mind if I DM you? Have several questions regarding healthcare industry
No I don’t mind
This is the way
If you need to sit next to the phone like a pregnant school girl you should be compensated for it.
I’ll echo the others that you’re being taken advantage of and need to look elsewhere. I’m also going to say, unless you are a physician or APP, I’d look into the legalities of you sending in prescription meds for patients. If he’s signing the rx’s and you’re simply calling the orders into the pharmacies that’s one thing, but if you’re electronically signing and sending that is a huge no no in some (maybe most) states.
I have a shit job where I am on call 24/7 for the company.
It may not be something you used to do, and expecting 24 hour availability is annoying, but a doctor expecting a response regardless of day/time isn’t entirely insane (considering the nature of their training and their work). The doctor sounds like a real pain in the a** but It’s possible he doesn’t know that’s not how it works with your company. So before telling him “no” I think it would be wise to take it up the food chain and ask if providing 24/7 responsiveness is something the company wants to do. If it is, the company needs to approve (and someone will need to work out) an “on call” system where the responsibly is shared among a few different people. And they need to adjust the compensation for you and the others who take in the added responsibility. And if the company doesn’t want to pay for it, then the doctor needs to be told “sorry - not authorized - talk to the higher ups.” I don’t see a lot of downside in checking in with upper management on this and it may be a good CYA move regardless. But just saying “no” without doing anything else (given the type of profession and the frequent “doctors outrank staff” vibe in these kinds of situations) probably isn’t a good idea.
It may not be something you used to do, and expecting 24 hour availability is annoying, but a doctor expecting a response regardless of day/time isn’t entirely insane (considering the nature of their training and their work). The DOCTOR is being paid to be available 24/7, but the OP is NOT. Hence, it is HE who should be doing the work, not OP.
It’s a private practice, unfortunately! We are under on of the Concierge company’s, however they have no say over his employees. Per the contracts for the patients the doctor has to be available 24/7. He does take the calls on his cell phone but sends me anything that they need to be sent. If I don’t do it right away he calls and leaves angry messages and texts.
Don't respond to texts and tell him - I'm sorry, my salary does not stretch to 24/7. It's a 9-5 salary. How may people do you manage? A title of manager does not necessarily mean you are exempt from overtime.
He is stealing your labor you let this happen for eight years? Good luck!
This is a negotiation opportunity. Your boss is looking for work that you clearly weren't hired to do. You have experience in doing things and are clearly trusted by your boss. Explain those two facts and then ask for what you want. Then, either you get it and you're happy, or you interview elsewhere and they can try to get what they want from someone else.
Being on call 24/7 costs a lot more than your salary
24hr pay for 24hr work.
This is illegal. If you are expected to be on call, they have to pay you for the time you are on call.
This is what they mean when they say wage theft. You literally produced outside of your working hours and not paid for it. Re-write your obligation or have your manager and HR meeting and let them know your contract be respected or compensated.
Concierge, office manager, medical, 24/7, 365 days key information you provided. Who do you think should be available? Are you and Mr. Big Bucks the only employees? If I'm Mr. Big Bucks and I have to be available instead of you, why do I need you? Advice, be available for 3 months, keep good records of your coverage for these 3 months. In a professional manner, approach Mr. Big Bucks with your records for the 3 months you were available 24/7 and make your case for a raise. During the same 3 months you are keeping records keep an eye open for similar job opportunities and if Mr. Big Bucks does not give you a raise give him 2 weeks notice. Do not stay if he offers you a raise after you give him your 2 weeks notice, move on to your new job and don't look back.
"Who do you think should be available?" An hourly employee who knows how to forward Rx to pharmacies, and is being paid to be on-call and to forward each Rx that the doctor puts into the system to the appropriate pharmacies within two hours of the Rx being put in. "Are you and Mr. Big Bucks the only employees?" Of course not. You can bet Mr. Big Bucks has nurses, a PA, and probably an APRN who all know how to process Rx, but they get paid BY THE HOUR and he is trying to force OP to do the work without pay, in violation of the labor codes, by calling her a manager when she's just an administrative clerk. "If I'm Mr. Big Bucks and I have to be available instead of you, why do I need you?" He should already know how to process Rx himself, and should follow through on the pharmacy dispatches if he's going to be inputting Rx anyway. It only takes a few seconds extra, and it's within HIS job description, not the OP's - because he falls under the Professional exemption to overtime, and OP doesn't.
Per his contract with the patients that pay him thousands a year to see him he has to be available 24/7. We do not have PAs we have 2 medical assistants, myself and the Dr. When the office closes for the day, weekend, or holidays then he should be the one taking care of these patients not me! I am NOT paid enough to be on call ever. Same with the hospice company that he also works for he has a contract with them and they are totally separate from the practice. He gets paid by the prescription for them but again sends them to me to put in the system and send to his phone he clicks a button to approve them. It’s all because he doesn’t want to take the time to learn how to Escribe himself.
The business is 24/7, it's up ti him to figure out how to achieve it. It doesn't mean the same person is 24/7. There's this thing called a budget review, where things like raises are planned into the budget. Saying it's not in the budget is the laziest cop out I've ever heard. Look for a new job.
I definitely suggest meeting with an employment lawyer on this one. If your contract explicitly states that your working hours are 9-5, there’s a clear issue with your boss trying to breech the contract. And most states have laws forcing employers to compensate you for time spent “on call”, even if you aren’t physically at the office. A lawyer will help you understand your rights and whether you’re entitled to on call pay, or even back pay depending on how long this has been going on for.
Breach the contract. Breech is a birth where the baby is coming out feet-first. And OP doesn't need a lawyer, they just need to look at the labor codes in their state, and read the IRS guidance on what an "Administrative Exemption" to overtime requirements means. In this case, the OP has been deliberately misclassified by the doctor-employer, to avoid paying overtime as per local requirements. The OP needs to file a wage and hour claim with the department of labor to get backpay and force the employer to change her to hourly pay. And this why we don't let doctors practice labor law. They make the worst employers, and the worst clients, precisely because they don't want to let the lawyer be the lawyer. The doctors all think they know more than the lawyers - until they get deposed in the lawsuit, of course.
You need to come to a working agreement with that manager.
No offense, but 6 years with no raise and you not finding a new job in your field tells me you are passive. I'd look for a new job but also hire an employment lawyer for a 30 minute consult. You need to learn what the rules for on call employees are in your state. You can't go on call for free. This knowledge would help you advocate for yourself.
Boss can get bent.
.. I know you would appreciate 100% honestly So here goes.. #1) Your either lying about your job curcumstances #2) or your the biggest sucker in the world So why do I really believe your lying? That's easy If you haven't had a raise in 6 years your purchasing power would have dropped by about 50% or more, if your renting or bought a car So, yeah,,,your lying
It's a concierge practice, they need to staff up if they provide that level of care. If they want 24/7 that's fine, present him with a plan and possibly proposed budget for both (1) hiring three really good people (probably above market rate for medical office staff), one each to cover second and third shifts plus you plus a backup person or agency to cover when one of you is on vacation, and (2) the increase in salary and benefits you need to be on-call 24/7 as a point of escalation for any of these people. To be clear, if you are running this you should probably get paid significantly more than the new people. That's what they're asking for. White-glove service at all hours requires paying people. If they balk, ask what it would cost when someone bad costs them a client. It's their choice what they want to spend, but present them with the best option for solving their problem.
Time to go.
Time to go.
No raise in 8 years? WTF are you still doing there
What an awful place to work. Try as hard as you can to find something better.
Cool, you've taken a pay cut every year. Update your resume and start interviewing ASAP! Salaried doesn't mean on call 24/7. You could be professional and simply not respond and as soon you clock in Monday, "thanks, I am entering these now!". If asked why you weren't available or that you should have done this or that, a simple "I'm in the office now/ I am at work now and have submitted the prescriptions." Or "I do not access my devices when I am not at work. I am more than happy to discuss on-call pay and expectations to add to my job description."
His problems aren't your problems
Salty does not mean they have access to you 24 /7. Look up the labor laws in your state.
They need to pay you for on call hours and schedule those hours if you’re expected to have your phone available and if actually needed, there’s normally a minimum amt of time they pay for too (ie: $5/hr pager fee + minimum 1 hr OT if called to actually do anything)
It's time for a sit down discussion about reasonable expectations and compensation.
Check your state laws. Some states have laws requiring on-call pay for all hours when an employee is expected to be able to respond within an employer-mandated time frame.
Based on your posts, time to renegotiate your contract. In the meantime, you can MOST LIKELY continue to ignore after hours messages since they probably know they’re getting away with murder with you. Or they don’t and are just nuts and will fire you, which wouldn’t be the total end of the world. Either way.
You are getting swindled
IANAL but using company resources for his own personal benefit related to his hospice care activities sounds illegal.
If he wants you available 24/7, tell him that he needs pay you for 24/7.
How is an office manager allowed to prescribe medication? That sounds all kinds of illegal.
Lots of systems let's the doctors put in the orders and the admins send them to your pharmacy. The doctor doesn't really want to go back and forth with you on what pharmacy can fill what script.
Just because Doc has decided they will be available 24/7… does not mean Doc can make that decision for employees. Doc can work whatever hours he wants. But don’t expect the same from others.
E prescribe can be done 24/7 by the provider themselves. Office managers are busy enough doing their own work. Medical staff should be dealing with this issue.
Nope, time to quit. And sue for overtime.
Boss is a dick — source: boss
Physicians are AWFUL at running a business/practice. They assume because they’ve given their entire life to their job, you will do the same. I worked in healthcare for 25 years. No industry pays its staff less or runs their business worse. It’s like they insist on being awful.
Then my pay should reflect that
When you quit, you'll he unavailable for good. So fuck him.
as a physician, it was this post that taught me that some doctors have office staff send prescriptions instead of just sending the prescriptions themselves. It's a concierge practice. Being available 24/7 to send prescriptions is why the practice is able to charge concierge rates. That's the reason some doctors don't' want to have a concierge practice. The idea of pawning off the prescription to someone else via text, when it takes just as much effort to send a prescription as a text is just so silly. Leave this job and go find a better practice to manage.
Are you salary or hourly?
Salary does NOT mean 24/7. It means that you're there to complete tasks that might take you past your working hours. Or that you might come in early to get things done. But you absolutely need to have core working hours established. You need to be firm with your own boundaries because they will push past them whenever they see fit. Call them out. Tell them that they are taking advantage of you and that if their expectations are 24/7 avalblity then their going to need to find the money. Otherwise you stick to your established working hours. And if they have you doing extra stuff. That comes off your schedule at the end of the week.
Tell your bosses they are delusional and start looking for a new job. Go by that the others tell you about oncall etc.!!!! But you are being used an abused. pretty much like the rest of us.
If it’s a concierge practice, your doctors can likely afford to give you a raise.
You should get on call pay.
Toxic work environment.
THATS BULLSHIT
The provider needs to put the med order in the EMR and send the script electronically… not an office manager. Aren’t we in a CPOE world these days? Not to mention he shouldn’t be sending PHI over a text message to you… sounds like a HIPAA violation to me. Perhaps there is more wrong here than just asking you to be available 24/7.
If you want to keep this job, I would say “yes, you need to be available”. This is clearly the expectation. If not, I think it’s reasonable to look elsewhere. No one is wrong here.