Does My Oregon Employer Have to Give Me Breaks From Work?

 

Your entitlement to meal and rest breaks depends on state law.

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Oregon is one of a handful of states that require employers to provide paid rest breaks to employees. 

Although many employees get meal and rest breaks during the workday, these breaks aren’t legally required everywhere. Federal law doesn’t require employers to give employees time off to eat or rest during their shifts. Employees are entitled to these breaks only if their state requires it.  

The federal Fair Labor Standards Act (FLSA) doesn’t require employers to give breaks, but it does regulate when employers have to pay for breaks they choose to give. 

Should Your Breaks Be Paid?

The FLSA requires employers to pay employees for all hours worked, including time the employer may classify as a “break.” An employer does not have to pay for longer meal breaks during which the employee is relieved of all work duties.

However, an employer must pay for:

  • Breaks during which the employee must work. If, for instance, you are allowed to eat at your desk while working, or you have to wolf down your sandwich during a work meeting, that is not a break. That is work time, for which you must be paid. 
  • Breaks lasting 20 minutes or less. These shorter periods off are considered part of the regular work day, and employees are entitled to be paid for them under the FLSA. 

Oregon Law on Meal Breaks

Oregon employees who work a shift that is six to eight hours long are entitled to a 30-minute meal break, unpaid. This break must be provided between the second and fifth hour of work for employees whose shift is seven hours or less; employees who work longer shifts must receive their meal break between the third and sixth hour of work. 

If the nature of the employee's job precludes the employer from allowing a break from all duties, the employer may provide an on-duty break. And, if the employer can show that industry custom or practice is to allow a shorter meal break, the employer may provide a break of at least 20 minutes. In either case, however, the employer must pay the employee for this time. 

Oregon Law on Rest Breaks 

In Oregon, you are entitled to take a ten-minute rest break, with pay, for every four hours (or major fraction of four hours) you work. Your employer must allow you to take your break in the middle of that work period, if practicable. 

You are entitled to separate rest breaks: They may not be added to your meal breaks or subtracted at the start or finish of your shift to shorten your work day. 

 


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Jurisdictional relevance: ST

There are versions of this article for each State.