(650) 332-8623Oregon Break Laws: Meals, Rests, and More (2025)
In this guide, you’ll learn about Oregon’s meal and rest break laws, who they apply to, and how to stay compliant in 2025.
Understanding Oregon Break Laws
Meal Breaks
Laws in Oregon Governing Meal Breaks
In Oregon, meal break laws are primarily governed by Oregon Revised Statutes (ORS) 653.261 and Oregon Administrative Rules (OAR) 839-020-0050. These laws ensure that non-exempt employees receive appropriate meal breaks based on the duration of their work period, promoting employee well-being and compliance with labor regulations.
Oregon law mandates that employers must provide a meal period of at least 30 minutes for employees who work 6 or more hours in a work period.
This meal period must be uninterrupted, and the employee should be relieved of all duties. Additional meal periods are required for shifts lasting 14 hours or more.
Specific details:
- No meal break is required if the employee’s shift is less than 6 hours.
- One 30-minute meal break is required if the employee works 6 hours or more, taken after the second hour and before the fifth hour of work.
- For shifts longer than 7 hours, the meal break should occur after the third hour and before the start of the sixth hour.
- An additional 30-minute meal break is required for employees working 14 or more hours.
- If exceptional circumstances require an employee to work during a meal break, the entire meal period must be paid.
In practice, these laws apply broadly across different industries, including construction and field services. Certain roles, such as those in acute inpatient care facilities, have specific timing rules for meal periods.
Rest Breaks
Laws in Oregon Governing Rest Breaks
Oregon’s rest break laws are also governed by Oregon Revised Statutes (ORS) 653.261 and Oregon Administrative Rules (OAR) 839-020-0050. These laws ensure non-exempt employees receive paid rest periods at regular intervals throughout their work period, supporting their overall well-being and productivity.
Under the said laws, employers must provide a paid rest period of at least 10 minutes for every segment of four hours or a major portion thereof (greater than two hours) worked. This rest period must be taken in addition to and separately from any required meal periods and should be scheduled as close to the midpoint of each work segment as possible.
This means:
- A 10-minute paid rest break is required for every work segment of four hours or the major portion of four hours (2 hours and 1 minute to 4 hours).
- Rest breaks must be taken separately from meal periods and cannot be added to meal periods or subtracted from the beginning or end of a shift to shorten the work period.
- The rest break should be provided as close as possible to the middle of the work segment.
What's the Difference?
Meal Breaks vs. Rest Breaks in Oregon
Oregon’s meal and rest break laws focus on two main distinctions: whether the break is paid and the duration of work that makes employees eligible for each type of break.
In Oregon, meal breaks are generally unpaid if employees are relieved of all duties and can take a full 30-minute break away from their work. However, if an employee cannot be fully relieved and remains on duty, the meal break must be paid.
Rest breaks, on the other hand, are always paid, given every 4 hours worked, and are shorter in duration—10 minutes per break. Unlike meal breaks, rest breaks are scheduled more frequently to provide regular, brief relief during the workday, with employees remaining on the premises.
In summary:
- Meal Breaks: Unpaid (unless on duty), provided for shifts over 6 hours, 30 minutes long.
- Rest Breaks: Paid, provided every 4 hours, 10 minutes long, and cannot be waived.
Exemptions
What Type of Workers are Exempt from Oregon Break Laws?
Certain types of workers in Oregon are exempt from the state’s meal and rest break requirements based on job roles, work conditions, and specific industry practices.
Here are the main exemptions:
1. Meal Break Exemptions
a. Exceptional Circumstances: Employers are exempt from providing a 30-minute meal period if unforeseeable equipment failures, acts of nature, or other exceptional, temporary circumstances prevent the provision of a break.
b. Industry Practice: If industry practice or custom has established a paid meal period of less than 30 minutes (but no less than 20 minutes) during which the employee is relieved of all duties, this may be acceptable.
c. Undue Hardship: If providing a 30-minute unpaid meal period would cause undue hardship on the business’s operations, employers must still ensure employees have adequate paid time to eat, rest, and use the restroom.
Employers must provide written notice to affected employees using a form prescribed by the Bureau of Labor and Industries (BOLI) and retain this notice for the duration of the employee’s employment and six months after termination.
d. Tipped Food and Beverage Servers: Tipped servers may voluntarily waive their meal periods under specific conditions:
- The employee must be at least 18 years old and request the waiver in writing after working for the employer for at least seven days.
- The employee must have the opportunity to consume food during shifts of six hours or more.
- The meal period must be paid if the employee is not relieved of all duties. Employees working shifts longer than eight hours must receive a duty-free meal break.
2. Rest Break Exemptions
Employers are not required to provide a 10-minute rest period if all of the following conditions are met:
- The employee is 18 years of age or older.
- The employee works less than five hours in any 16-hour continuous period.
- The employee works alone.
- The employee is employed in a retail or service establishment where goods or services are sold directly to the public.
Differences Between OR and Federal Break Laws
Oregon’s labor laws for meal and rest breaks generally provide more detailed protections for employees than federal laws.
Federal labor law does not require employers to offer rest breaks, focusing only on meal breaks under certain conditions. Specifically, the Fair Labor Standards Act (FLSA) governs federal break laws, detailing only that any “bona fide” meal break (typically 30 minutes or more) does not need to be paid if the employee is fully relieved of duties. Rest breaks, if offered, are considered compensable work hours and are typically 5-20 minutes long.
The U.S. Department of Labor outlines federal guidelines for meal and rest breaks in the following statutes:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Key Differences:
- Rest Breaks: Oregon mandates a 10-minute paid rest break for every 4-hour segment worked, while federal law does not require employers to provide rest breaks at all. Under federal rules, any rest breaks under 20 minutes are considered paid work time if given.
- Meal Breaks: Oregon requires a 30-minute meal break for employees working shifts over 6 hours, which must be paid if the employee is not completely relieved of duty. Federal law allows employers to offer unpaid meal breaks as long as employees are fully relieved of duties but does not mandate them.
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Other Types of Breaks for Workers in Oregon
The break laws for minors (employees under 18) in Oregon have specific requirements that differ from those for adult workers:
Meal Breaks: Minors aged 14 and 15 must always receive a 30-minute uninterrupted meal period when working for 6 or more hours. For minors aged 16 and 17, the general meal period rules apply, and they may be subject to the outlined exceptions under exceptional circumstances or specific industry practices.
Rest Breaks: All minors, regardless of age, are entitled to 15-minute paid rest breaks instead of the standard 10-minute rest breaks provided to adult employees.
Workers who need to express breast milk are protected under Oregon law, as outlined in ORS 653.077 and OAR 839-020-0051.
Employers must provide reasonable rest periods each time an employee needs to express milk, covering hourly, salaried, and part-time workers until the child reaches 18 months of age.
Key Requirements:
- Reasonable Rest Periods: Employers must allow employees to take rest periods as needed to express milk.
- Private Location: Employers must make reasonable efforts to provide a private location for expressing milk.
- Storage of Expressed Milk: Employees are permitted to bring a cooler or insulated container to store their milk.
Exemptions for Small Employers: Employers with 10 or fewer employees may claim an exemption from providing these breaks if doing so would cause an undue hardship to business operations.
Oregon-OSHA implemented new rules effective June 15, 2022, mandating heat illness prevention measures for employees working in high heat index conditions.
Key Requirements:
Mandatory Rest Breaks: Employers must provide heat illness prevention rest breaks to employees working under high heat conditions.
Scheduling Flexibility: Employers have three options for scheduling these breaks, and they can coincide with regular meal or rest periods if the timing aligns. The preventive cool-down rest breaks are considered part of the employee’s work assignment, provided the employee is relieved of all duties during this time.
Employee Rights: If an employee feels unwell due to high temperatures or poor air quality, they are entitled to use available sick leave under the Oregon Sick Leave laws.
Recordkeeping Requirements for Meals and Breaks in Oregon
Oregon employers are required to maintain accurate records to ensure compliance with meal and rest break laws. These recordkeeping rules help demonstrate that employees are receiving their legally mandated breaks and protect employers in the event of an audit or dispute.
Meal Period Records: Employers must keep accurate records indicating whether or not employees have received their 30-minute meal periods. This is outlined in OAR 839-020-0050, which mandates that records of hours worked by each employee clearly show compliance with meal break provisions.
General Recordkeeping Obligations: The requirement to document meal periods aligns with the broader recordkeeping obligations outlined in OAR 839-020-0080. Employers must keep comprehensive payroll records that include:
- The employee’s full name, address, and occupation.
- Daily and weekly hours worked.
- Total wages paid, along with dates of pay periods.
Oregon Penalties for Meal and Break Violations
Up to 30 Days’ WagesMeal Break Violations
Employers may be required to pay a penalty equivalent to up to 30 days of the employee’s wages.
This penalty is calculated based on the employee’s regular hourly rate, multiplied by 8 hours per day, for each day the lunch wages were unpaid, up to a maximum of 30 days.
$1,000 General Break Violations
The Oregon Bureau of Labor and Industries (BOLI) has the authority to assess civil penalties of up to $1,000 for each violation of the meal and rest period provisions.
These fines apply when employers do not comply with the legal requirements for providing meal and rest breaks, reinforcing the importance of adherence to state labor laws.
Misconceptions About Meals and Breaks in Oregon
Some employers think they can set meal and rest breaks at any time during the shift to suit operational needs.
Oregon law requires rest breaks to be taken as close to the middle of each four-hour work segment as possible, and meal periods must be scheduled within specific time frames based on the length of the shift.
There is a belief that short rest periods do not need to be compensated.
Oregon law mandates that rest breaks of 10 minutes must be paid. Employers must treat these breaks as compensable work time.
Some employers think that if an employee agrees to skip a meal break, it complies with the law.
Employees cannot waive their right to a meal break. Employers must provide and enforce these breaks even if the employee wishes to skip them.
Employers may believe that break laws apply to all workers, including independent contractors.
Oregon’s meal and rest break laws apply only to employees, not independent contractors. Employers must correctly classify workers to determine their obligations.
Some think that if employees decide to forgo breaks, the employer is exempt from liability.
Employers must ensure that all mandated meal and rest breaks are taken. If an employee refuses to take breaks, the employer must address the issue, which may include disciplinary measures, to remain compliant.
It is often assumed that employers can mandate employees remain on-site during breaks without affecting compliance.
Employers can require employees to stay on the premises, but employees must be fully relieved of duties for meal breaks to be unpaid. If employees are on-call during their break, it is considered work time and must be paid.
Some believe that extra rest breaks are required specifically for smokers.
Oregon law does not mandate additional rest breaks for smoking. Standard rest break regulations apply to all employees equally.
There is a belief that employees can skip breaks to make up lost time or finish work earlier.
Employees are required to take their scheduled breaks. Rest breaks must be taken during the appropriate time in each four-hour segment and cannot be skipped or moved to shorten the workday.
Some employees and employers think it’s acceptable to combine breaks for a longer meal period.
Oregon law requires breaks to be taken separately. Rest and meal breaks cannot be combined to extend meal periods.
It’s often thought that if an employee voluntarily skips breaks, compliance is maintained.
Employers must enforce the law by ensuring employees take their breaks. Employees cannot waive their rights to required breaks, and employers must uphold these regulations even if employees prefer to work through them.
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Employees: Know Your Rights to Meals and Breaks in Oregon
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30-Minute Meal Breaks: If you work over 6 hours in a shift, you are entitled to a 30-minute unpaid meal break. This break must be uninterrupted, and you must be fully relieved of duties.
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Paid Rest Breaks: For every 4 hours (or major portion thereof) worked, you are entitled to a paid 10-minute rest break. These breaks are scheduled close to the midpoint of each work segment.
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Protection Against Retaliation: Employers cannot retaliate against you for reporting missed or improperly scheduled breaks. If you report a violation, you may be eligible for penalties as compensation.
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No Work During Breaks: You cannot be required to work during your meal or rest breaks. Meal breaks must be duty-free, and rest breaks should allow you a complete break from work tasks.
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Break Timing Flexibility: Your employer is responsible for providing breaks according to Oregon’s guidelines. However, rest breaks are generally scheduled close to the middle of your work period to ensure regular breaks throughout the day.
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Rights to Lactation Breaks: If you are a nursing employee, you are entitled to reasonable breaks to express milk in a private space (not a bathroom) for up to 18 months after childbirth.
Employer Obligations for Meals and Breaks in OR
Oregon employers have specific responsibilities to ensure compliance with state meal and rest break laws, which include:
- Providing all required breaks as outlined by Oregon regulations.
- Compensating employees for rest breaks as required by law.
- Maintaining accurate records of unpaid meal breaks, which should be kept on file for a minimum of two years.
Employers in Oregon can set schedules for employee breaks.
This allows employers to determine when and how long breaks will be, as long as they meet the timing requirements for rest and meal breaks according to Oregon law. If an employee disregards the set break schedule, employers may take disciplinary action if needed.
To promote understanding and compliance, employers should clearly communicate break schedules and policies to all employees. Additionally, employers should have procedures in place to accommodate employees who need adjusted break schedules for medical reasons or lactation needs, including access to a private space for nursing.
How to Ensure Compliance with Oregon’s Meal and Break Laws
Employers have several effective strategies to ensure they are consistently meeting Oregon’s meal and break laws. While manual tracking is an option, using a dedicated time-tracking tool can simplify compliance efforts and reduce errors.
1. Set Clear, Accessible Break Policies
Implement clear, written policies that outline Oregon’s break requirements and any specific scheduling expectations. Provide these policies in employee handbooks or on company intranets to make sure all team members know their rights and responsibilities. Regularly review policies to address any updates or questions.
2. Train Supervisors and Employees on Break Compliance
Regular training ensures that both employees and supervisors understand Oregon’s meal and rest break laws and the importance of taking breaks at designated times. Training also fosters a culture of compliance and encourages employees to follow policies, which can prevent compliance issues and boost morale.
3. Actively Monitor Compliance
Regularly review time logs to make sure employees are taking breaks as required. Manually monitoring compliance can be time-consuming, but it’s critical for minimizing legal risks. This is where an automated solution, like Workyard, can make a big difference.
4. Use Time-Tracking Software with Compliance Automation
Manual tracking can introduce errors, especially if employers are managing a larger workforce. Workyard’s time-tracking app with GPS and labor compliance automation offers a solution tailored to simplify these processes. Workyard tracks employee time, automatically logs breaks, and provides alerts to help ensure every team member is taking breaks as required. Its compliance automation feature can save significant time and effort, while also offering a reliable record for audits or internal reviews.
5. Offer Adjustments for Special Needs
Be prepared to accommodate employees with unique break needs, whether for medical reasons or nursing. Workyard’s automated logging allows you to easily track adjustments for these cases, ensuring compliance without extra paperwork.
Using Workyard can streamline compliance with Oregon’s meal and break laws and give employers peace of mind with accurate, automated records. See how Workyard can help you track time, enforce compliance, and reduce legal risks, or sign up for a 14-day free trial today to explore these features for yourself!
Benefits to Employees
Complying with Oregon’s labor laws on meals and breaks offers many advantages to employees, supporting their health, productivity, and job satisfaction. When employers prioritize and enforce these breaks, employees gain the following benefits:
Improved Health and Focus
Taking regular meal and rest breaks helps employees avoid the physical and mental strain that comes from working long hours without a pause. Breaks give employees time to rest, recharge, and return to their tasks with renewed energy. This can reduce the risk of fatigue-related mistakes, workplace injuries, and overall burnout, promoting a healthier balance between work and personal life.
Enhanced Productivity and Work Quality
Research shows that regular breaks lead to better focus and efficiency. By taking time to clear their minds, employees can return to tasks with improved concentration and fewer errors. Following Oregon’s break laws helps employees maintain a sustainable work rhythm, which can boost productivity and job performance over time.
Greater Job Satisfaction and Trust
Employees who receive consistent breaks often report higher levels of satisfaction and well-being. When employers demonstrate their commitment to employee welfare by ensuring fair break practices, it builds trust and a sense of respect. This, in turn, can lead to higher morale, lower turnover, and stronger employee loyalty. Compliant break practices also provide employees with the reassurance that their rights are being upheld, creating a positive work environment.
Overall, Oregon’s break laws provide both legal protections and real benefits to employees, enhancing their work experience and promoting a safer, more supportive workplace.
Benefits to Employers
Complying with Oregon’s labor laws on meals and breaks not only fulfills legal requirements but also brings strategic advantages to employers. By upholding these regulations, businesses can enjoy multiple operational and cultural benefits.
Optimized Workforce Efficiency
When employers adhere to Oregon’s break requirements, employees have the opportunity to recharge during the day, which helps them sustain energy and focus. This approach reduces fatigue, minimizes errors, and supports a consistent level of productivity throughout each shift. Regular, restorative breaks lead to higher quality work, which translates into smoother operations and improved efficiency for the entire team.
Strengthened Employee Relationships
Respecting meal and rest break laws communicates that the company values employee well-being. This builds trust between employers and employees, fostering a positive workplace culture. Employees who feel respected and valued are more likely to stay committed to the organization, reducing turnover and the expenses associated with recruiting and training new staff.
Legal Protection and Risk Reduction
Following Oregon’s break laws protects employers from legal risks and costly penalties. Disputes over missed or improperly managed breaks can lead to expensive lawsuits, fines, and other liabilities. Proactively adhering to these laws demonstrates integrity and helps prevent legal conflicts, allowing employers to focus on business growth rather than legal issues.
Enhanced Employer Reputation
Companies known for respecting employee rights tend to attract top talent and gain a positive public image. A reputation for ethical and employee-centric practices can make a business stand out in the competitive talent market, contributing to long-term sustainability and growth.
Looking for other state-specific labor and break laws? Check out these guides:
The Bottom Line on Oregon’s Meal and Break Laws
Understanding and complying with Oregon’s meal and break laws not only protects your business legally but also promotes a productive, positive workplace. By ensuring your employees receive their required meal and rest breaks, you’re fostering a supportive environment that benefits both employee well-being and your organization’s efficiency.
To make compliance simple, consider using Workyard. With automated tracking, GPS-enabled time clocks, and labor compliance features tailored for Oregon regulations, Workyard can help you stay compliant effortlessly.
Explore Workyard’s features or start a 14-day free trial today to see how it can support your compliance needs and keep your team running at its best!
Yes, Oregon break laws require that employees take a paid 10-minute rest break for every 4 hours (or major portion thereof) worked. Although this break is 10 minutes by law, employers may extend it to 15 minutes at their discretion. These breaks must be taken as close to the midpoint of each 4-hour work segment as possible. Oregon’s rest break regulations aim to help employees maintain focus and well-being by ensuring they have regular opportunities to step away from work duties. Note that employees who are fully relieved from their duties are eligible for unpaid 30-minute meal breaks if they work shifts longer than 6 hours. Employers must adhere to these break laws to remain compliant and support employee welfare.
Yes, under Oregon law, employers can schedule shifts as short as 2 hours, as there is no state-mandated minimum shift length. However, if employees are scheduled to work short shifts, Oregon wage laws ensure they are compensated for all hours worked, including any overtime pay if total weekly hours exceed 40. Additionally, if an employee is called in for work but works less than the scheduled time, the employer may be required to meet reporting time pay obligations depending on the circumstances. Employers should also remember that meal and rest breaks apply as usual if the employee’s shift meets the criteria for these breaks.
Yes, employees in Oregon may have legal grounds to file a complaint or even pursue a lawsuit if they are denied required meal or rest breaks. Under Oregon break laws, employers must provide a 10-minute paid rest break every 4 hours worked and a 30-minute unpaid meal break for shifts exceeding 6 hours. If employers fail to provide these breaks, affected employees can report the violation to the Oregon Bureau of Labor and Industries (BOLI). If successful, employees may be entitled to financial compensation for missed breaks and any resulting damages. It’s advised to consult with a labor attorney for guidance on filing a lawsuit or complaint.
Oregon does not set a specific standard for full-time work hours, so this designation is typically defined by the employer. However, most employers consider 30 to 40 hours per week as full-time employment, which is consistent with the threshold used for health insurance eligibility under the Affordable Care Act (ACA). Although the state doesn’t mandate full-time work hours, Oregon break laws apply to both full-time and part-time employees alike. All employees, regardless of weekly hours, are entitled to paid rest breaks and unpaid meal breaks, as required by state law.
Employers who violate Oregon’s meal and rest break laws may face legal penalties. If an employee files a complaint and BOLI finds a violation, the employer may be required to pay up to 30 days’ worth of wages for each affected employee. Penalties can also apply if employers fail to provide the required 10-minute paid rest breaks or fail to record meal breaks properly. Additionally, employers who fail to accommodate employees’ lactation breaks can be fined up to $1,000 per incident. Ensuring compliance with break laws helps protect employers from costly penalties and builds trust with employees.
