Help Wanted: 4 U.S. criteria to be a 'manager'

"The query indicates that management is not the primary duty," said Irv Miljoner, who heads the Long Island office of the U.S. Department of Labor.

And that's just one factor in the criteria federal labor law requires to determine if you are a manager.

To be considered a bona fide manager, and thus exempt from overtime, you have to meet all four of the following criteria: You must be paid at least $455 a week; your primary duties must consist of managing; you must regularly direct the work of at least two full-time employees, and you must have the authority to hire or fire or have input into those decisions.

So your company is defining "manager" way too loosely and illegally denying you overtime as a result.

For more information call the U.S. Labor Department at 516-338-1890 or 212-264-8185.

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But the double duty of the physician's assistant poses a conflict of interest, because information she gathers could factor into decisions she makes about you in her HR role.

"The potential conflict exists and should be avoided by the hospital," Sack said.

So in the future you can make a stink on that note. But short of that, your employer's request for the examination was legal, Sack said.

Employers typically have the right for company-provided doctors to examine workers who file workers' compensation and disability claims when the employees wish to return to work, he said, especially if the company handbook has an "express provision" stating this.

If you refuse the request, you might be written up for insubordination and fired, especially if you aren't covered by a union contract, he said.

"On balance," Sack said, "since the brief exam was probably lawful, you did the right thing by consenting to it, especially if it confirmed your doctor was correct in clearing you to return to work."

For more on how federal labor laws define managers go to http://1.usa.gov/151TzxU.