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US Department of Labor Orders Dr. Dhaval Shah to Pay Overtime to Employees

Dr. Dhaval Shah owner of the Clinical Infectious Diseases Specialist will pay $43,247 in back wages and liquidated damages to 51 employees after a U.S. Department of Labor’s Wage and Hour Division (WHD) investigation found violations of the overtime provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found Dr. Shah failed to pay his employees overtime when they worked more than 40 hours in a workweek. Instead, Shah paid them straight time hourly rates without regard to the number of hours that they worked. On average, the underpaid employees worked 52 hours per week. 

Dr. Dhaval Shah
Picture – Las Vegas Review Journal

“Employers are responsible for ensuring that they pay employees all the wages they have legally earned and for keeping accurate records of their hours,” said Wage and Hour Division District Director Gaspar Montanez, in Las Vegas, Nevada. 

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.

The Act applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

The complete investigative report will be posted soon.






18 Comments to US Department of Labor Orders Dr. Dhaval Shah to Pay Overtime to Employees

  1. Ganesh Gaitonde says:

    Very ironic that Labor Day weekend we hear news of workers being underpaid illegally. This is horrible and deplorable and cannot continue. The old desi trick will not work anymore to become rich in this country of USA.

    • Cuckoo says:

      He is active acting Treasurer of NAPI. I wonder how that money is being managed? People need to ask him to leave that position. You cannot trust this guy. What a **** that even he has millions of dollars, he wants to steal money from an average Joe. This is not a representation of NAPI at all or any level in Indian Community

    • RAJ says:

      Ganesh

      It may be your cheap thinking to become rich one has to do any illegal trick !!! An educated physician does well on this merit.

      Understand simple fact that business mangers are usually responsible for payroll and employees get direct deposits. Owner of business has noting to do with this except pay fine for office managers mistake.

      Think and get your facts together before you comment and by the way this case is 6 month old but somehow this website like to Target physician community and this yellow journalism must stop 🛑 ✋

      • Rajesh says:

        Raj,

        Basics of business/Business 101 for small business like Dr Shah. Manager MAY be responsible for paystub but for small business, all is approved by the big boss. If you have ever run a business, you cannot tell me that you never saw and reviewed your monthly or weekly books. Also, not everyone has direct deposit and for all we know Dr Shah may not offer that as it cost money to set it up for any business and he may just write old fashion checks. But when, for most business, employees go overtime, they big boss is always notified. And trust me that complain to Labor Dept went as Dr Shah likely refused to pay. If you or your family was working for Dr Shah and he didn’t pay your overtime, what would you do? Report straight to labor dept? No. You will bring it to “manager” attention who will bring to Dr Shah’s attention. If amount was a few hundred bucks, its easy to see how it can be missed. But when amounts are in such astronomical scale, make no mistake Raj, the big boss is behind it and knows about it. This is not Amazon Inc that small amounts are not looked and forgotten behavior. This is a small business and weekly if not monthly p&l has to be done which are seen by owners. Make no mistake that big boss didnt know. And even if it did, you cant assume that no one brought yo his attention that he didnt pay. Hard to believe that the person who complained to the labor dept, didnt goto Dr Shah to resolve the matter but went straight to labor dept. you are so gullible in this subject Mr Raj. But we need gullible folks to make the others look smarter. Thank you for your generous notice but i feel, your comment had no merit.

        • RAJ says:

          Rajesh,

          You are just a disgruntled person with clear agenda against this physician and its very obvious from your various comment so there is no merit to your views. You are so protective of office manager mistakes and try to frame a busy physician !! Come out from your fake ID and let world see your real face.

      • Lance B says:

        This is clear malfeasance on the part of the physician to not pay adequately the overtime to his employees. As a business owner I am well aware of the payroll, benefits, work conditions of my employees. As you can clearly see the buck stops with the owner. That’s why his name is being dragged through the mud. At least next time he won’t do this. Hopefully he has learned his lesson. Thank you very much.

  2. Peter says:

    Oh this guy is sleek and cheap

    • RAJ says:

      And who are you peter ?

      Insecure & Jealous coward who hide behind fake name peter & try to comment on a doctor who has done a lot for community !!

      Sleek, smart or what ever he is, but you are one pathetic person.

      • Rajesh says:

        Raj, Peter could be his real name. He may have worked for Dr Shah or may be is he is possibly from India with name Peter (as many south Indians have such names due to dominated Christian population in south). But if he would have written, Prem instead of Peter, would your perspective change or your comments would have been different? And also, who is Raj? Raj could be anyone or no one. so my point is that having name Peter does not nullify his comments or his personal or non-personal feelings for Dr Shah.

        • RAJ says:

          Yes, Rajesh. We know who you are behind this fake name of Rajesh and your personal agenda about peter’s feeling against Dr. Shah :-). Be aware that IP address can be traced !

          • Rajesh says:

            Hi Raj. Nothing against you personally. And ip address can be faked or used to mask things too. Regardless, this is a public form and it was mere discussion. Please do not be offended. If you are, i ask the moderator to remove all comments.

  3. NAPI BOARD says:

    NAPI is not for profit organization & it’s financial is managed by an astute Cpa who manages many not for profit organization.Treasurer for last term and current term is Dr. Barucha while Dr. shah is co-treasurer. All financial decisions are taken by board with majority voting. Dr. Shah has devoted many hours for success of NAPI and has been instrumental in reviving NAPI.

    Please do not post any crap about this organization or it’s board members just because you are not happy with success of any individual.

    We also welcome you to come to our monthly meeting next week and board is happy to talk to you in person.

    • Rajesh says:

      NAPI Board,

      Thank you for enlightening us general public about the layers of security you have, which Enron also had as they once said. But the Presidents CEO etc benefitted a lot. Dr Shah may have put in many hours of hard work to get the organization going but he still can do that without holding the company credit card or bank accounts. He may actually get better name if he does same work ad a NAPI member like any other ordinary NAPI member would. One does not need to hold any position to do good for community. This is no crap sir/madam. Just a fact what / who he is and what he has done and now it happens to be a public information. Hence, as a life long member of Napi, I felt that such man should not hold any financial responsibilities. He can be assigned other non financial related works too. But the fact that he chose to take financial interest after stepping down from his President status, just puts some questions in line. Does NAPI has the right representation? I dont think that such organization should consider folks with such profile. This has a negative impact on organization and its reflection in general public. Man should step down himself. I personally like the guy but this is not personal at all. Why do you feel NAPI may not have grown in size or members it has? May be the reason is that it has wrong representation? Change is constance and voices needs to be heard. His behavior may not reflect that of NAPI. But for sure, the general public does not see it that way. My suggestion, ask for revoting and let him volunteer to step down from his position.

      • NAPI BOARD says:

        First of all your name is not Rajesh as we know all our lifetime members very well and this simply means that you are using this platform to badmouth Dr. Shah for your personal agenda. If you are truly a NAPI life member then come to meeting on september 11th to meet NAPI board. If you choose not to do so then it is very obvious what your intentions are over here.

        NAPI board is united and very confident with our process and growth.

      • Doctor Goodman says:

        We exactly know who you are. Stop using fake names to defame some of the most honorable people. Don’t call yourself Rajesh or life long member of NAPI. NAPI would like to invite you to our next meeting and have your feedback. We also invite you to run for the position if you can gather enough support. NAPI has tremendously grown in size and we will continue to grow. You are not only fake but a liar who is looking for tertiary benefit. You are the kind of people who don’t want to see the organization succeed and see people united.

  4. Doctor Goodman says:

    This is very sad to see that a good physician’s name is discussed in such manner. This is truely an agenda by the competitor. Payroll in bigger companies are controlled by managers and there things can come one on a regular basis. No one takes money from laborers. The matter was paying 1.5 times. It’s a genuine error by someone who processes the payroll and the fact that on a regular basis we are allowing this nonsense on this media is not acceptable. Who is promoting specific news about this provider. This is a conspiracy. Think about it everyone, the same paper wrote several good things about him in the past many times. Now they are actively trying to taint his reputation. We physicians don’t want you to put any of this in this media, it does not belong here. I can give you another 10000 news about every single physicians or any service industry. The more shameful part is some person who has no idea about these Physicians is talking about them. One day you may need the help of the same physician or his friend and they will still help you. Please please please stop bringing these things to this type of spicy media news. This is someone’s reputation and daily bread. You may be begging the same physician to take care of your loved one.

  5. Curious Jain says:

    Raj…. NAPI Board…. Doctor Goodman…..interesting that each “avatar” defends Dhaval Shah, MD to the death, and there is constant reference to success of Dhaval Shah, and the wording and language seem suspiciously similar.

    Was some news recently about CIDS and missed diagnosis of infection? Did Doctor Goodman once again appear in defense of Dhaval Shah?

    Guilty conscience keeps people awake at night and Karma is a BITCH.

    • Doctor Goodman says:

      Mr. Curious Jain,
      Don’t be curious. Karma is a bitch. Are you a physician? why are you so happy and satisfied with a news that does not make sense or you don’t know the full details.
      Yes I will defend people whom I know are good, why should we not defend good people.
      Do you defend anyone other than yourself. So easy to clap at nonsense …….. think positive brother. Has he done anything to you? Do you even know him? Have you seen him work hard ? when you are sleeping in your bed, we physicians are working away from our family so that your family can see you again. Everytime any post of a physician appear I will defend them, even you Mr. Curious Jain, if I know the details and I know that this is spoiling someone’s reputation.

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