Is it legal for my employer to require me to stay on-site without pay during long gaps between massage therapy patients?

Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions. They’ll help me better understand your situation so I can give you a more complete and tailored answer.

VERY IMPORTANT INFORMATION: This is general legal info only. I can’t represent you or form an attorney-client relationship. This also means there is no attorney-client privilege or confidentiality.

What you're describing sounds like a potential violation of the Fair Labor Standards Act regarding compensation for waiting time.

Generally, if your employer requires you to remain on the premises during those gaps between patients and you aren't free to leave for your own purposes, that time could be considered hours worked and therefore compensable.

Being paid per patient doesn't automatically mean your employer can require your presence without pay during required waiting periods.

The critical question here is whether those gaps are treated as bona fide meal or rest periods or if you're essentially “engaged to wait” for your employer's benefit.

Since you're paid a W-2 wage, not a 1099 independent contractor wage, you're an employee, which means FLSA rules apply to you.

Let’s discuss this more.

You mentioned you are paid per patient — could you clarify whether your employer guarantees any minimum pay for the day? Also, please tell me what state you're in.

Thank you for getting back to me with that information.

This is a serious issue because receiving only $40 for working a nine- or ten-hour day, even with large gaps, puts your employer on shaky legal ground regarding federal and state minimum wage laws.

The fact that you are paid per patient and are required to stay on premises during non-patient time means the employer is controlling your time without providing compensation, which is generally not allowed under the FLSA.

Given your low daily earnings, the uncompensated two-hour gap almost certainly brings your average hourly pay far below minimum wage.

The disciplinary tone of your manager emphasizes the control the employer is exerting over your time, strengthening your claim that the waiting time should be compensated.

To better respond, could you give me a precise breakdown of your schedule today — start time, patient times, and gaps?

Based on the schedule you've laid out for today, you’re only being paid for four hours of actual work but are required to be at the clinic for nine hours or more.

This pay arrangement is exactly what the FLSA is designed to prevent.

Since your employer requires you to stay during the gaps and forbids you from leaving, you are engaged to wait — which means it is considered work time.

Those 4 hours of unpaid waiting time must be added to your 4 paid hours, meaning you worked at least eight hours today, not four.

Even if you’re making $100 total today, that is $12.50/hr, which may or may not violate your state’s minimum wage.

But on days when you make $40 for 9 hours, that's $4.44/hr, a clear violation of federal and state law.

Your employer might try to argue these are “meal breaks,” but that argument will fail. Meal breaks must be:

• at least 30 minutes
• completely relieved of duty
• you must be free to leave

You are not free to leave. Therefore, these are compensable hours.

Your manager’s disciplinary tone also raises concerns.

If you file a complaint, retaliation (cut hours, termination, discipline) would be illegal.

You could:

• file a wage complaint with the Department of Labor (WHD)
• consult an employment attorney about unpaid wages and minimum wage violations
• consider that multiple employees = potential collective action lawsuit

Did I answer your question fully?

Thank you for the update. It sounds like you have a solid plan.

Knowing this affects all massage therapy employees is significant. That makes this a strong potential collective action under the FLSA — similar to a class action. These cases are often attractive to employment attorneys because the total back wages and liquidated damages (double damages) can be large.

Many employees are unaware of their rights or fear retaliation — which is why no one has sued yet.

Filing a DOL complaint is a great start. You may also be able to find an attorney who will take your case on contingency.

Just confirming — do you feel I completely answered your original question about the legality of being required to stay on premises during patient gaps without pay?