labor lawAdivision of labor law center

Under new regulations issued by the Oregon BOLI or Bureau of Labor and Industries, food servers can opt to waive their unpaid meal breaks, but not their paid rest breaks.

Tipped Oregon food service workers over the age of 18 may opt out of their required 30-minute meal breaks if they like. The employee must complete a waiver form, available in English or Spanish from the BOLI website.

Employers cannot require an employee to waive breaks, or coerce employees to do so under the new regulations. Either the employer or the employee can revoke the waiver at any time by written notice.

However, if the employer has a signed, non-revoked waiver on file, the employee (more…)

Two recent changes to the law require employers to change their benefits for employees who serve in the Military Reserve.

The Heroes Earnings Assistance and Relief Tax Act or HEART Act requires employers to permit distributions from healthcare flexible spending accounts. The law prevents a “use-it-or-lose-it” policy for qualified reservists. Under the new law, reservists cannot lose unused funds, as can other employees under cafeteria benefits plans. Reservists must be permitted to withdraw the funds without penalty.

The new regulations went into effect in the middle of 2008, but many employers still struggle with compliance.

Under the HEART Act, benefit plan sponsors must amend cafeteria plans to allow distributions to qualified military reservists and notify all participants – not only qualified reservists – of the changes.

The law also permits active duty reservists to withdraw money (more…)