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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110576
Experience:  20+ Years of Employment Law Experience
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I'm a licensed healthcare worker rehab/ long term care

Customer Question

I'm a licensed healthcare worker for a rehab/ long term care facility ,however, I do not work for the facility directly, I work for a contract company in the facility in physical Therapy. We are hearing from work place chatter, that we may have to continually keep clocking in and out so we are only being paid while we are working with a pt. I was hired in at 32 hours a week at 90% productivity,which only allows me 30 mins when not with pt.s to do all paperwork and exit the building,as working with human beings is not always predictable, so my question is , is that legal for us to clock out and sit there waiting to see a pt. my day could possibly run into 9/10 hrs or more clocking in and out for 6.5 hrs of pay that day, we have not been told this directly yet. Thank you ,trying to be proactive in knowing my rights.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The employer company MUST pay you for all hours spent doing their work, which includes paperwork. If they are not paying you for all time spent with patients and all time doing paperwork, then this would be a violation of the fair labor standards act. If you are forced to remain in the office during the time they are making you clock out, that too is a violation of the FLSA, since you are not free to leave and still must be called on to do work if needed.
If they are going to try to do this, you need to file a complaint to the US Department of Labor Wage and Hour Division.

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