Legality of Forced Clocking Out When Patient Is a No Show
Is it legal to expect your dental hygienist to clock out if his or her patient is a no show or if the last patient cancels?
The legality of requiring a dental hygienist to clock out if his or her last patient cancels or no-shows depends on several factors. Under the Fair Labor Standards Act (FLSA), nonexempt employees (typically hourly workers) must be compensated for all hours worked.1 This act additionally explains the difference between an employee who is “waiting to be engaged” or “engaged to be waiting.”2 If a dental hygienist is waiting for a patient and the patient doesn’t show, then the hygienist is “engaged to be waiting” and, under the FLSA, should be paid. If there is no patient scheduled and this is known ahead of time, this is considered “waiting to be engaged” and may not be considered work time, therefore the employer can ask the employee not to work during this time.
If a dental hygienist is required to remain on the premises or perform work-related tasks during a period without patients, this time is considered compensable. For instance, if the hygienist uses this time to clean instruments, update patient records, or perform other duties, the hygienist should be paid for that time.
In addition to federal labor laws, states may have additional labor laws that may be more restrictive. Some states, including California, have “reporting time pay” laws that require employers to compensate employees for a minimum amount of time if they are scheduled to work but sent home early or their shift is canceled unexpectedly. Other states, such as Ohio, have labor laws that align closely with federal standards regarding wage and hour requirements. The Ohio Revised Code and the Ohio Administrative Code do not provide specific provisions regarding dental hygienists clocking out due to patient cancellations. Therefore, the general rules about compensable work time apply.
If dental hygienists are paid hourly, employers may require them to clock out when there is no work to perform. However, the employer cannot force hygienists to clock out if they are required to remain on-site or perform any work-related duties during that time. In such cases, the time must be paid under federal labor laws. If the hygienist is salaried and exempt from overtime, the employer is entitled to pay for the hygienist’s entire scheduled shift regardless of patient cancellations.
The dental hygienist’s employment contract or employee handbook may outline specific policies about cancellations or no-shows. If the policy is clearly stated and complies with federal and state labor laws, the employer may have the right to enforce it. Therefore, it may be permissible to send dental hygienists home or have them clock out for the remainder of their shift if no further work is required.
Dental hygienists should discuss open appointment and cancellation compensation policies with the dentist employer prior to accepting a position. You should review these policies and have them written in the employment contract to avoid any miscommunication. If you are asked to clock out during patient cancellations but are still performing duties, discuss this with your employer to ensure compliance with labor laws. For specific legal advice or concerns, consider consulting with an employment attorney or contacting your state’s Department of Labor.
References
- United States Department of Labor. Fair Labor Standards Act. Available at dol.gov/sites/dolgov/files/WHD/publications/WH1318.pdf. Accessed May 21, 2025.
- United States Department of Labor. Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act. Available at dol.gov/elaws/esa/flsa/hoursworked/screenER78.asp. Accessed May 21, 2025.
From Dimensions of Dental Hygiene. July/August 2025; 23(4):46.
