labor lawAdivision of labor law center

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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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