Is it legal if I’m forced to clock out during the day?

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Is it legal if I’m forced to clock out during the day?

I’m a dental hygienist and my employer has been lately asking me to clock out if a patient does not show or cancels the appointment. Sometimes when I get there in the morning. let’s say the first patient rescheduled, I can’t clock in so I wait in my car for over an hour hoping that my next patient shows. It’s happening more and more often.

Asked on July 9, 2018 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you report to work ready and able to perforn your job duties, then you must be paid as of your scheduled start time. Any time spent waiting is still considered to be compensable. The same holds true if you are forced to wait in between patients, so long as you are not free to go about your personal business and must wait at or near your place of work. This is essentiallly, on call time and you must be paid for it. At this point, you can file a claim with your state's department of labor and or consult directly with a local emloyment law attorney.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you report to work ready and able to perforn your job duties, then you must be paid as of your scheduled start time. Any time spent waiting is still considered to be compensable. The same holds true if you are forced to wait in between patients, so long as you are not free to go about your personal business and must wait at or near your place of work. This is essentiallly, on call time and you must be paid for it. At this point, you can file a claim with your state's department of labor and or consult directly with a local emloyment law attorney.


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