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clocking out when patients do not show or cancels.

My office recently was bought out. They now want us to clock out when a patient is a no show or cancels last minute. I called labor board in my state and they said an employer can do this. It is called employment at will. There is always something to do in the office, stocking, cleaning, etc. WHAT CAN I DO when it could be more than two hours? I only work there one day a week.



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1 Answer

I’m surprised that your state’s labor board said this is legal. Federal law, the Fair Labor Standards Act, states its not. This is an issue of “engaged to wait” in which you should be paid at least minimum wage, not an “at will” issue. No matter who owns the office, it needs to be ran legally. Here are some links about the law that may need to be shown to whoever made this change:
 
http://www.dol.gov/whd/regs/compliance/whdfs22.htm
http://webapps.dol.gov/elaws/whd/flsa/hoursworked/screenER78.asp
http://www.dol.gov/whd/regs/compliance/whdfs70.htm
 
And I totally agree, there’s always something to be done, whether it be helping in sterile, stocking supplies, sharpening instruments, etc. If you clock out and don’t help with these duties it comes off as you are not a team player, which can cause tension and resentment among co-workers in the office.
 
Personally, I wouldn’t work in an office who did this, even if just one day per week. There are laws for a reason and they must be followed!

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