If working past a scheduled time, can an employer refuse to pay its workers?

UPDATED: Sep 30, 2022

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If working past a scheduled time, can an employer refuse to pay its workers?

I work for a company via a temp agency. Our hours are 2:30 pm to 11:00 pm. Recently, the workers fellow temp employees were told that any time worked after 11 pm would not be paid overtime or otherwise. We are often still cleaning up at 11 pm and it’s not uncommon to get out at 11:15 pm or

later, so this seems absurd. Does the fact that we’re temps make this an acceptable practice? It seems very wrong.

Asked on April 21, 2017 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are right--it is wrong; and illegal. An hourly worker must be paid for ALL work done, including working part normally scheduled hours. And if/when you work more than 40 hours in a week, you must be paid overtime for all time past 40 hours--including when that extra work is done after normally scheduled hours. You are being illegal shorted pay, and may wish to consider filing a wage-and-hour complaint with the department of labor.

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