Legal Question in Employment Law in Oregon

Clocking on and off

At my childcare job, it is legal for there to be a 10 to 1 ratio for adults to children. So when I come to work at 9:00 sometime I don't actually get to clock in until 10:15 or so. Missing an hour and some of work, and the pay. The employer constantly makes people sit on top of the kitchen counters (break area) until we are allowed to work because of the ratio. It ends up wasting a lot of the time and hours of its employees. Is this legal?


Asked on 11/09/07, 10:46 am

1 Answer from Attorneys
Craig Crispin Crispin Employment Lawyers

Re: Clocking on and off

Generally, if an employee is required to report to work at a specific time, he or she is entitled to be paid from that point until relieved. An employer can require an employee who reports early to wait until the start time to clock in, but an employee who is directed to report and is not free to otherwise leave and pursue his or her own business should be on the clock and paid.

Sometimes, wage and hour issues are complicated, and the above does not constitute legal advice but is offered for the purposes of discussion only. You should not rely on any advice except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law. Consult an experienced employment lawyer to deal with your specific situation.

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Answered on 11/09/07, 1:18 pm


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