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Summer is almost here, and for many Oregon employers that means hiring a wave of seasonal workers. The time of onboarding new employees, especially younger ones or part-time workers, is an excellent opportunity for employers to review their practices and ensure compliance regarding the various breaks provided under Oregon law. Here is a discussion of rules that apply to private employers鈥� nonunion employees.

Rest breaks (paid)

Nonexempt employees are entitled to paid rest breaks of least 10 minutes for each work segment of four hours or 鈥渕ajor part thereof鈥� (meaning any segment greater than two hours worked). Minors get 15 minutes. Rest breaks are to be taken as close as possible to the middle of each four-hour work segment. Rest breaks cannot be used to shorten a work period or combined to lengthen breaks.

For example, Luisa cannot take her rest break at the very end of the day and leave 10 minutes early, nor can an employer allow Luisa to take 10 extra minutes at lunch and consider that additional time as her break 鈥� even if she is the one making the request. Employees who work more than six hours are entitled to two rest breaks, and those who work more than 10 hours are entitled to additional breaks.

There is only one exception to Oregon鈥檚 rest break rules that applies to employees who work for a retail or service establishment. Such an employer is not required to provide a rest break to an employee who is at least 18 years old, working alone, working for less than five hours in any continuous 16-hour period, and is allowed to use the restroom when necessary.

Meal breaks (unpaid)

Nonexempt employees who work six hours or more must be given an unpaid meal break of not less than 30 minutes. Generally, meal breaks should be taken between the second and fifth hour of work. Employees who work more than seven hours should take their meal break between the third and sixth hour of work. Employees who work 14 hours or more are entitled to a second meal break. Employees must be completely relieved of all duties during meal breaks. If 鈥� for any reason 鈥� the employee is not completely relieved of their duties for the full meal break, the employee must be paid for the entire 30-minute period.

For example, if Bridget is eating lunch in the break room, and her supervisor pops in to ask a work-related question that Bridget answers, she is no longer fully relieved of her duties. In this situation, Bridget must be paid for her entire 30-minute meal period.

One exception to Oregon鈥檚 meal break rules is that some tipped food and beverage servers are allowed to voluntarily waive their meal period. To be eligible, the employee must be at least 18 years of age, employed to serve food or beverages, and receive and report tips to their employer.

The employee must voluntarily request to waive the meal period. However, newly hired employees cannot request to waive meal periods until they have worked for the employer for at least seven days. The request to waive the meal period must be in writing on a form provided by the Oregon Bureau of Labor & Industries (BOLI) and signed and dated by the employer and employee. The meal waiver form can be found on BOLI鈥檚 website, along with the full list of conditions for a valid meal waiver, and information on the other three exceptions to the meal break rules.

Lactation breaks (paid or unpaid)

In addition to meal and rest breaks, nonexempt employees are entitled to additional rest breaks for the expression of milk (鈥渓actation break鈥�) for children up to 18 months of age. The frequency and duration is not defined. Rather, employers should provide employees with a reasonable lactation break each time the employee requests to do so. Lactation breaks are only required to be paid when they overlap with another paid break.

For example, if Haley takes her paid rest breaks at 10 a.m. and 3 p.m., but she takes a lactation break for 15 minutes at 11:30 a.m., that time is not compensable. However, if Haley takes her paid rest breaks as usual but uses that time to express milk, then that time is compensable. Employers are allowed to let employees make up any unpaid time taken to express milk, but employees are not required to do so, and employers cannot require employees to substitute paid time off for unpaid lactation breaks.

Final note

Oregon law regarding employee meal and rest breaks is strict. Employers should ensure not only that employees are informed of their right to breaks but also that they take their required breaks. Clear policies and supervisor training can help reduce compliance risks.

Missy Oakley is an attorney with Barran Liebman LLP. She represents employers in a variety of matters. Contact her at 503-276-2122 or聽[email protected].

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the author and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither the author nor the 91视频 guarantees the accuracy or completeness of any information published herein.