Oregon Labor Law Requirements

August 23rd, 2006 Posted by Sarah

In my research of state labor laws, I have learned that Oregon has a very thorough state code in this area, covering numerous topics from wage payment laws to human rights laws to workers’ compensation. Here’s a quick overview of some of what I’ve learned about Oregon labor laws:

When it comes to wage payment laws, Oregon currently has one of the highest minimum wages in the country at $7.50 per hour. No training wages or tip credits are allowed under Oregon’s labor laws. The minimum wage law applies to minors and adults alike. Employers in the state must have regular paydays, which may not be more than 35 days apart. Employees who are separated from their jobs are due their paychecks at various intervals depending on the circumstances. Employees who quit with less than 48 hours notice must be paid within five business days, while employees who give more than 48 hours notice must be paid on their final day of work. When an employee is involuntarily discharged, the final paycheck is due by the end of the next business day.

Oregon labor laws also provide for meals and rest breaks for employees. Most employees in Oregon must be provided a 30 minute unpaid, uninterrupted meal break if they have worked six hours or more continuously. A paid 10 minute rest break must also be provided for each four hours and employee has worked. Some supervisory, administrative and professional workers are not subject to these rules.

I think it is also interesting to note that Oregon has a Family Leave Act that covers additional workers and situations requiring leave than what is covered under the Federal Family and Medical leave act. The Oregon law covers all employers with 25 or more employees, and is applicable to employees who have worked at least 180 days. Up to 12 weeks of leave may be taken for the birth or adoption of a child, to care for a family member with a serious illness, to deal with a serious illness personally, for pregnancy disability or prenatal care, or to care for a child who requires home care. Employees must be able to return to their former job or an equivalent after taking this type of leave.

These are just a few highlights of the Oregon labor laws. For a more thorough listing of the state and federal laws on this topic, please refer to the Oregon Complete Labor Law Poster.

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16 Comments >> Posted in Compliance Issues,Department of Labor,Oregon

  1. Posted by: kati

    Hi,
    I am not sure where to turn with my question. Maybe you can help me. I am a preschool teacher employed at a private school in Beaverton, OR. I am on a salary plan. My supervisor tells me that I legally have no right to a lunch breack or paid 10 min. breaks each day Is that true?
    Kati

  2. Posted by: Amelia

    Hi Kati! Oregon’s extensive break laws apply to almost every employee. However, certain salaried professionals who are exempt from the minimum wage and overtime laws are not included. Almost the only way to know for sure if the state break laws would apply to you is to check with the Oregon Beaura of Labor and Industry or BOLI. You can also post a question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

    Read more about the Oregon break law at: http://www.oregon.gov/BOLI/TA/T_FAQ_Restandmeal.shtml

  3. Posted by: Zaria

    My employer wants me to take my lunch 2 hours or less after arriving at work for a 7 hour shift. Where are my 2 breaks supposed to fall in this type of scenario?

  4. Posted by: Amelia

    Under Oregon law, employees are entitled to a 30-minute unpaid meal break between the 2nd and 5th hour of work. So if the employer is asking you at times to take your meal break less than 2 hours after arriving at work, the employer is not complying with the law.

    Employees who work more than 6 hours and less than 10 hours must receive one meal break and two 10-minute paid rest breaks, under Oregon law. Usually the rest break should be at the mid-point of any 4-hour work segment, or major portion thereof. However, the law permits some flexibility on this, based on business needs. The meal break is not counted in calculating the 4-hour segment.

    Because of the unusual timing of the meal break, you may want to check with the Oregon Bureau of Labor & Industries on the rest breaks.

    Read more about this at:http://www.oregon.gov/BOLI/TA/T_FAQ_Restandmeal.shtml

    All of these answers assume that you are over 18. Different Oregon lunch and break laws apply to workers under the age of 18. You can also post your question on our sister site at http://www.laborlawtalk.com for more info. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Dianna

    I understand that if over 18 years old and you work over 6 hours a day that you are supposed to be given a 30 minute lunch break BUT what if you choose not to take it? Is it illegal or can the employer get into trouble by the labor laws if you as an employee continually choose NOT to take your 30 minute lunch break just so you can leave a bit earlier to go home or you’re a part-time employee, etc.?

  6. Posted by: Amelia

    Hi Dianna! For most employees, Oregon law does not permit workers to waive the meal period. Yes, even if the worker voluntarily skipped her meal period, the employer would be breaking the law.

    The state does have a system in place where tipped employees (such as food servers) can waive their meal break. But this does not apply to employees in other jobs.

    I posted an article today on another exception, for situations where it is impossible for the employee to take an uninterrupted meal break.

    There is no incentive for the employer to allow you to skip your break and go home early. Even if you do not take the uninterrupted break, the employer has to permit you time to eat a meal totaling 30 minutes. So you would still be taking a break — the employer would just have to pay for it.

    Finally, there is no requirement that an employee who skips her meal break be permitted to go home 30 minutes earlier. The employer can still expect her to work the entire shift. HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: Lee

    Is there any regulations on being “written up” for something an employee said and not telling the employee what it is that they supposidly said?

  8. Posted by: Amelia

    Hi Lee! The issue of written warnings is not addressed directly in any Oregon or federal employment law.
    The best practice in HR is to let the employee know what they have done wrong, when issuing a written warning. It sounds like you genuinely don’t know. The only suggestion we can make is for you to very tactfully approach the supervisor and let him or her know that you don’t want to make that same mistake again. In order to avoid it, you need to know what you did that was offensive.
    The employer may not be comfortable repeating the words that you — allegedly — said. In that case, ask the employer to write the offensive phrase on a piece of paper and give it to you.
    At this point, it is useless to argue that you never said that — even if it is the truth. HTH, and thanks for reading the blogs!~Amelia

  9. Posted by: Linda

    I was offered a night shift which will allow me more hours and I accepted the shift. Now a week later my boss informs me that they have found someone else because she does not want to lose that person and asked me to train her. Do I have any recourse for this type of action? Linda

  10. Posted by: Amelia

    Hi Linda! No, you probably do not have any recourse for this type of action. No job is a lifetime commitment. A job is an agreement between the employee and employer. However, many employees fail to realize that the employer can change that “agreement” at any time, without consulting the employee.
    In this case, the employer offered you a night-time position, and you agreed. The employer then found someone else to work nights instead and is requiring that you train her. That may be unfair, but it is not illegal or even unethical.
    If you had been working the night shift for 5 years and the employer suddenly switched you to days without your consent, and you quit, you might be able to collect unemployment. However, in this case, because you have worked the day shift in the past, it is going to be hard to argue that this represents a major change in working conditions.
    If you truly prefer the night shift, tell your employer so directly but tactfully. Many people assume that everyone prefers the day shift. If the employer still hires someone else for the shift, be gracious about it — remember that “what goes around comes around” for you as well as for the employer. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: jim

    i work in mobile repair for trucks employer stacks to much work on me and im away from the shop for breaks and lunch and says thats not his problem
    im i forced to have a break or lunch in company truck on side of the road

  12. Posted by: Amelia

    Hi jim! There is no requirement under Oregon law that the meal and rest breaks be taken indoors, or in the shop rather than at another location. (In fact, we get complaints from employees every week about not being allowed to leave the employer’s premises for a meal break.) If you are permitted to stop work entirely for the 30 minute meal period or 10 minute break, then the employer is probably complying with the law. (And presumably you have some flexibility to take the break at a fast food restaurant or park along the way.)

    If you are required to eat in the truck (perhaps for security reasons) then you may be entitled to payment for the meal breaks. However, the employer must permit you to take the 10 minute rest breaks. If you think the employer is in violation, file a wage complaint with the Oregon Bureau of Labor and Industry at http://www.oregon.gov/BOLI/TA/contact_us.shtml. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: Libby

    Message
    Hello,

    I’m employed at a nursing home and if our relief does not show, we are threatened with termination if we do not stay. OSBN states it’s an employment issue, not patient abandonment. Is it legal for your employer to force you to stay after your shift is complete?

  14. Posted by: Amelia

    Hi Libby! In Oregon as in most other states, an employee can be required to stay after their shift, even with no notice. This is called mandatory overtime. The employer could even follow you out into the parking lot after your shift and require that you return to work, or phone you at home at 2 am and require that you come in to work. Any employee who refuses can be disciplined or terminated.

    There are some specific restrictions under Oregon law that apply to Registered Nurses only. An RN cannot be required to work more than 12 hours in any 24-hour period. She can volunteer to do so, but the employer cannot make such overtime mandatory. However, for health care workers who are not RNs, any amount of overtime is legal. HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: Jason

    I Have employees that are scheduled 3.5 hr shifts and often work 2.5-3hr am I required to give them a work break of ten min. I am in Oregon.

  16. Posted by: Amelia

    Hi Jason! Yes, generally these employees would be entitled to a paid 10-minute break at about the mid-point of the shift. The Oregon statute requires employers to give a 10-minute rest break to employees on a four-hour work segment “or major portion thereof.” The Bureau of Labor & Industry or BOLI has determined that any shift of 2 hours and one minute or longer, is a “major portion” of four hours.

    An employee who works 2.5 hours is entitled to a 10-minute rest break after 1.25 hours. An employee wh works 3 hours is entitled to a rest break after 1.5 hours. By law the rest break cannot be added to the meal break, or taken at the start or end of the shift. Federal law requires that employees be paid for rest breaks shorter than 20 minutes.

    As an employer, you can have employees skip the break, but only if certain conditions are met: The employee is over 18 and is working alone in a retail or service establishment on a shift less than 5 hours long. In addition, the employee cannot be scheduled for more than 5 hours in any 16-hour period, and must be allowed to leave the work area to go to the restroom when nature calls. If ALL of these conditions are met, you need not give the employee a rest break. Otherwise, all hourly or non -exempt Oregon employees are entitled to a rest break. HTH, and thanks for reading the blogs!~ Amelia