Physician ordered to revise employee OT policy; jury to decide on damages

A physician with four Rhode Island practices was ordered May 6 to change employee pay policies after a U.S. District Court judge found he failed to pay overtime to more than 100 employees, according to a report in The Providence Journal.

The judge found Anthony Farina Jr., MD, and his practice manager, Brenda Delsignore, violated the overtime provisions of the Fair Labor Standards Act from 2015 to the present. The U.S. Department of Labor alleged Dr. Farina's practice:

· Failed to pay overtime without prior approval
· Deducted 30 minutes for lunch automatically
· Didn't combine hours worked between multiple locations
· Began the paid work day at 8 a.m. even when staff started working at different times

Dr. Farina and Ms. Delsignore denied allegations, saying employees misused the time clock and didn't follow protocols. The practice has updated its procedures to pay employees appropriately, the lawyer for Dr. Farina and Ms. Delsignore told The Providence Journal.

The judge left it up to a jury to decide if the violations were willful and whether to award damages at a later date.

In January Dr. Farina's medical license was temporarily suspended after investigators found he purposefully exposed patients and staff to COVID-19. His license was reinstated Feb. 23.

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