Working Without Pay is Illegal in Oregon
Working off the clock may seem like “part of the job,” but it’s often a sign of illegal labor practices. If you’re an employee in Oregon and have been asked to work off the clock without pay, you’re not alone—and you may have legal rights to recover unpaid wages. Employers often violate wage and hour laws by expecting employees to work before or after their shifts, during meal breaks, or while “off the clock.” Oregon law protects workers from this kind of wage theft.
Many workers unknowingly sacrifice their rights by performing unpaid work activities. Understanding your rights helps protect your earned wages and holds employers accountable for labor law violations.
What Is Off-the-Clock Work?
Off-the-clock work refers to any job-related activity performed outside of your regular paid schedule. This work may be required, expected, or simply tolerated by your employer—even if you’re not clocked in.
Examples in Oregon that may require wages:
- Unpaid training or meetings: Required work meetings or training sessions not included in paid hours.
- Working interviews: Employer must pay wages for interview time where the individual is performing job duties. Working interviews must be paid.
- Work during meal breaks: Being asked to work or remain on duty during a meal or rest break.
- Answering calls or emails after hours: Responding to work-related communications at home, especially for salaried or misclassified employees.
- Putting on (donning) or removing (doffing) safety gear: Required in many manufacturing or healthcare roles.
- Remote Work Tasks: Checking emails, attending virtual meetings, or completing assignments from home without recording time.
- Travel Time: driving between job sites.
These situations are potentially illegal if you are not compensated for the time worked.
What Can You Recover?
If you’ve been denied wages for off-the-clock work, you may be entitled to:
- Back pay for unpaid hours
- Overtime pay
- Penalty wages under Oregon law
- Attorney’s fees and legal costs
At Schuck Law, we help workers across Oregon recover wages they’ve rightfully earned.
Oregon Wage Laws Protect You
Under Oregon law, employees must be paid for all hours worked. That includes time spent working off-the-clock, whether or not the employer explicitly authorized the work.
Even if your employer didn’t “approve” the time, they are still legally obligated to pay you if they knew—or should have known—you were working.
Why Employers Get It Wrong
Some employers misunderstand or ignore wage laws. Others intentionally cut costs by asking employees to work extra hours without pay. In either case, the law is on your side.
What Can You Recover?
If you’ve been denied wages for off-the-clock work, you may be entitled to:
- Back pay for unpaid hours
- Overtime pay
- Penalty wages under Oregon law
- Attorney’s fees and legal costs
At Schuck Law, we help workers across Oregon recover wages they’ve rightfully earned. Call 360-566-9243 to set up a free phone consultation with our employment law and wage recovery attorneys.
Frequently Asked Questions About Off-the-Clock Work in Oregon
Can my employer make me work before I clock in?
No. If you’re performing job-related duties, you must be paid for that time, whether you’re clocked in or not.
What if I stayed late to finish a task, but no one told me to?
If your employer knew—or should have known—you were working, they must pay you. Voluntary or not, that’s still considered work and must be paid.
My boss lets me go “on break,” but I still have to answer calls. Is that legal?
No. Meal breaks must be uninterrupted and duty-free. If you’re working during your break, even intermittently, that time must be paid.
What if I didn’t keep records of my hours? How do I prove I worked off-the-clock?
While detailed records help, they’re not required. Your employer is legally responsible for keeping accurate records of your hours. We can request all the time and pay records from your employer as part of your case. Also, you can provide objectively reasonable estimates of time worked.
I was required to perform work during an interview but was not paid. Is this legal?
No. If you performed work as part of an interview, that time must be paid. There is no such thing as an unpaid working interview in Oregon. This applies to all industries including retail, restaurant and hospitality.
Talk to an Oregon Wage and Hour Attorney
If you’ve worked off-the-clock and weren’t paid, you may have a legal claim. Oregon law is clear: Employers must pay employees for every hour worked. Don’t let unpaid wages go unchallenged.
At Schuck Law, LLC, we represent employees—not employers—in wage and hour cases. Our experienced employment attorneys focus exclusively on protecting workers’ rights throughout Oregon. We understand the financial stress of unpaid wages and work diligently to secure fair compensation for our clients. You’ve earned those wages—and we can help you fight for them.
Call 360-566-9243 to find out if Schuck Law can help you and to set up a free initial phone consultation with our attorneys.