Independence, OR asked in Business Law and Employment Law for Oregon

Q: Is it legal for a company to mandate you stay on the premises when you are clocked out and not on standby?

This is working with menially disabled adults. During the clocked out hours of 2200-0600 no pay is reserved. Is there a way for a company to work around laws that may prohibit such actions. What are the steps that should be taken if this is illegal.

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2 Lawyer Answers
Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Hillsboro, OR
  • Licensed in Oregon

A: While there are sometimes exceptions in federal law to home healthcare, which I'm not sure if there are in this instance, usually if someone is required to be at work they have to be paid. Contact BOLI.

Jeff Merrick
Jeff Merrick
Answered
  • Portland, OR
  • Licensed in Oregon

A: If you are paid by the hour (as compared to a legitimately salaried employee) then, if the employer wants you on the premises, it must pay you.

Good luck,

Jeff

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