Girod

*833 MEMORANDUM *

1. Prior to August 17, 1998, Myers was a voluntary employee with no expectation of receiving compensation. See Tony & Susan Alamo Found, v. Sec’y of Labor, 471 U.S. 290, 300-01 , 105 S.Ct. 1953 , 85 L.Ed.2d 278 (1985). Accordingly, no genuine issue of material fact was raised regarding Myers’ entitlement to back wages for that period.

2. Appellants failed to make a sufficient showing regarding the “off-the-clock” hours they claimed to have worked. Accordingly, entry of summary judgment was appropriate on those claims. See Orr v. Bank of America, 285 F.3d 764, 781-82 (9th Cir.2002).

3. The court properly granted summary judgment in favor of Myers on her claim that she did not receive her final paycheck. Although there was some evidence that the check was issued, there was no evidence that the check was actually paid to Myers. Accordingly, no material issue of fact existed regarding the employer’s failure to comply with ORS 652.140. See Emery v. Portland Typewriter & Office Mach., 86 Or.App. 635 , 740 P.2d 218, 219-20 (1987) (requiring payment of wages upon termination).

In turn, no evidence was presented to establish that the employer’s failure was willful.…