Vancouver, WA asked in Employment Law for Oregon

Q: Can employer not pay employee for hours needed to finish a project that go over the boss's estimate of hours required?

I am an hourly employee in a design services firm. My employer bids competitively to provide professional services for projects, which are then assigned to employees with a target number of hours required for completing it based of a calculation of project fee / employees billable rate. Can an employer refuse to pay, or ask you to finish a project unpaid, for hours that go above their target/goal hours? Again, I am an hourly employee, not salaried, and not an independent contractor.

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1 Lawyer Answer

A: No, your employer owes you for this time, as any time worked needs to be paid. Now, they can discipline you for taking too long, as in put you on a performance plan or even fire you, but the time still has to be paid.

Sometimes, it is best to sit on this type of thing until you have a new job, assuming you are looking, as you have several years before you lose the ability to go after the employer.

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