The U.S. Supreme Court recently addressed medical residents are “students” exempt from FICA taxes under 26 USC § 3121(b)(10).  In a unanimous decision, dated January 11, 2011, the Court ruled that medical residents are employees rather than students and, therefore, are subject to FICA taxes.  See Mayo Found. for Med. Educ. & Research v. United States, U.S., No. 09-837, 1/11/11.   The decision addressed residency programs offered by the Mayo Foundation for Medical Education and Research, which provide stipends to doctors who have graduated from medical school and seek additional instruction in a chosen specialty.  Although residents are required to take part in formal educational activities, the majority of their time is spent caring for patients.   The Court relied heavily on an Internal Revenue Service regulation interpreting the exemption, in which the IRS stated that individuals regularly scheduled to work 40 hours per week or more cannot claim the student exemption.  Chief Justice Roberts wrote, “Mayo does not dispute that the Treasury Department reasonably sought a way to distinguish between workers who study and students who work. Focusing on the hours an individual works and the hours he spends in studies is a perfectly sensible way of accomplishing that goal.” 

            Health care employers promptly should review pay practices with respect to doctors in residency programs to ensure appropriate tax withholdings.    Also, to the extent medical residents are classified as independent contractors, rather than employees, that classification should be carefully reviewed.  In any event, employees engaged in internship or resident programs, whether or not licensed to practice prior to the commencement of the program, may be exempt professionals under the Fair Labor Standards Act if they enter such programs after the earning of the appropriate degree required for the general practice of their profession.   See 29 CFR 541.304.    

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Photo of Ana C. Shields Ana C. Shields

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American…

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American Arbitration Association and administrative agencies.

Ms. Shields has successfully prepared pleadings, motions, memoranda of law, position statements and legal opinions related to employment law issues such as employment discrimination, harassment, retaliation, whistle-blowing claims and restrictive covenants. Ms. Shields has advised clients on compliance with various state and federal laws affecting the workplace, including Title VII, the Equal Pay Act, Fair Labor Standards Act, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act and New York State and City laws. In addition, she is a firm resource for Electronic Discovery. She has worked closely with clients through all phases of litigation including investigations, preparations for depositions, attending depositions and trials.

While attending law school, Ms. Shields was a published member of the New York International Law Review. She was the recipient of the 2003 American Bar Association/Bureau of National Affairs Award for Excellence in Labor and Employment Law. She was also awarded the CALI Award for Excellence in Employment Law, Advanced Labor Law, and Jurisprudence.

Prior to joining the firm, Ms. Shields was a commercial litigation associate at a firm in Long Island, New York.