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  1. #1

    Default Is a Therapist Completing an Internship an Exempt or Non-Exempt Employee

    I am currently working in the state of CA as a Marriage and Family Therapist Intern. Basically, this means that I am working as a therapist, at a much smaller salary because I need to be supervised and cannot be considered an independent contractor. As a result, my employer has filed me as an exempt employee. I am not sure if this filing is correct because I understand that you need to meet 3 different criteria to be considered exempt. Interns are registered with the state board and are considered to be engaged in an occupation that is a learned profession, so we satisfy that requirement. Next, we continually use discretion and independent judgment although we are heavily supervised by a licensed psychologist, so once again...we satisfy that requirement. However, we do not satisfy the third requirement. We are paid on an hourly basis for the work we conduct. There are weeks where we work slightly less then 40 hours and are paid accordingly (the hours we work are typically not under 32, unless we take days off for personal vacation) and there are weeks were we work more then 40 hours and are paid accordingly. We do not receive any medical benefits, sick time accrual, paid holidays, vacation time, etc. We are, however, paid exactly 2 times the state minimum wage. I'm not sure if I am missing some other category that we fall under, or if I am incorrect in my understanding of an exempt status. I would like to be sure I am correct before I speak with my employer...any assistance would be greatly appreciated!!!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Exempt vs. Non-Exempt

    The US DOL website has a feature that will help you determine whether you are exempt or not.

    Start at:

    http://www.dol.gov/elaws/esa/flsa/scope/menu.htm

    Remember that the size of your employer and the number of employees may have a bearing on whether or not the employer even has to follow the law.

    If not covered by federal law, check out CA requirements:

    http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm

    On that website scroll down to Order 14 and note that it doesn't differentiate between hourly and salary so I think you might be missing something there.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Exempt vs. Non-Exempt

    The professional exemption allows for hourly pay without the exempt status being affected. Not all exempt jobs are salaried; not all salaried jobs are exempt.

  4. #4
    Join Date
    Sep 2011
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    OH10
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    Default Re: Is a Therapist Completing an Internship an Exempt or Non-Exempt Employee

    From my personal experience, such therapists, though licensed are little more than a trained ear to keep you coming back. Of course we determined (thanks Catherine) that my psychologist is an asshat, which I informed him of at our last meeting.

  5. #5

    Default Re: Is a Therapist Completing an Internship an Exempt or Non-Exempt Employee

    Thank you to everyone that responded!

    Does it matter that we don't end up making the state monthly minimum wage (x2 per the requirement) due to fluctuation in hours, but do meet the state hourly minimum wage requirement (x2)?

    @disagreeable I am sorry that you had a negative experience with your clinician, but I can guarantee you that the work some therapists are able to do with their clients far exceeds that of "a trained ear to keep you coming back".

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Is a Therapist Completing an Internship an Exempt or Non-Exempt Employee

    Actually, I have been through multiple clinicians. The general response is OMG, I don't know why you were assigned to me, I have no clue how to help you.


    Quote Quoting alananichole
    View Post
    Thank you to everyone that responded!

    Does it matter that we don't end up making the state monthly minimum wage (x2 per the requirement) due to fluctuation in hours, but do meet the state hourly minimum wage requirement (x2)?

    @disagreeable I am sorry that you had a negative experience with your clinician, but I can guarantee you that the work some therapists are able to do with their clients far exceeds that of "a trained ear to keep you coming back".

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