Avoiding Wage and Hour Violations in Optometry Practices

Optometry practices, like many healthcare businesses, often operate in a fast-paced, high-demand environment with multiple employee roles. Unfortunately, this complexity also creates significant risk under federal and state wage and hour laws.

Even unintentional violations of the Fair Labor Standards Act (FLSA) can expose your practice to audits, back pay claims, penalties, and reputational damage.

Here are key compliance areas every optometry employer should review.

Proper Classification of Employees as Exempt or Non-Exempt

Under the FLSA, only certain employees may be classified as “exempt” from overtime pay requirements. To qualify, an employee’s primary duties and salary level must meet strict federal tests.

Exempt roles:

Optometrists (as licensed professionals) often qualify for the “learned professional” exemption.

Non-exempt roles:

Other non-licensed team members, assistants, receptionists, and kennel staff typically do not qualify for exemption and must receive overtime pay for hours worked over 40 per week.

Common Mistake:

Paying vet techs on a “salary” basis without tracking hours or paying overtime. This often triggers costly back-pay liability.

Recording Hours Accurately

All non-exempt employees must have their actual hours worked recorded. “Off-the-clock” work — such as cleaning, closing up, or answering client calls after hours — must be included in paid time.

Optometry practices should maintain:

• Timekeeping software or digital punch systems.
• Written policies requiring accurate clock-in/out.
• Training for supervisors on how to handle pre- and post-shift work.

Overtime and Comp Time

Private optometry practices cannot substitute “comp time” (future time off) in place of overtime pay. Employees must receive 1.5x their regular hourly rate for all hours over 40 in a workweek.

Tip: If employees work irregular hours (e.g., emergency or weekend shifts), structure pay rates and schedules carefully to stay compliant.

Meal and Rest Breaks

While federal law doesn’t require meal or rest breaks, many states do. Even in states without such mandates, offering and documenting reasonable breaks reduces burnout and improves compliance.

Any short break (5–20 minutes) should be paid. Unpaid meal periods should be at least 30 minutes and uninterrupted.

Training and Onboarding

Use your employee handbook and new-hire training to reinforce wage and hour policies. Employees should sign acknowledgment forms confirming their understanding of:

• Overtime approval procedures.
• Clock-in/clock-out rules.
• Policies on remote or after-hours work.

Final Thoughts

Wage and hour compliance requires ongoing diligence — not just good intentions. Regular audits, attorney reviews, and staff training help prevent small oversights from turning into significant liabilities.

Oberman Law Firm’s Optometry Practice Group assists employers nationwide with compliance reviews, employee classification audits, and customized wage policies to ensure full compliance with FLSA and state regulations.