Oregon Meal and Rest Break Laws

The Fair Labor Standards Act (FLSA) doesn’t mandate the provision of employee breaks. However, certain states have laws in place. Providing non-exempt employees with breaks during the day is required for most Oregon employers.

Do Oregon Break Laws Differ from Federal Break Laws?

Yes, Oregon does have laws in place for non-exempt and minor employees.

Oregon Meal Break Laws

Employers must give non-exempt employees a meal break of at least 30 minutes for every shift that is 6 hours or longer. If a shift is 6-7 hours long, then the employee earns a break between the second and fifth hours of the shift. If the shift is longer than 7 hours, then the break must be between the third and sixth hours.

Oregon Rest Break Laws

10-minute rest breaks are required for all shifts lasting between 2 and 6 hours.

• For shifts lasting 6-10 hours, 2 breaks are required
• 10-14 hours, 3 breaks
• 14-18 hours, 4 breaks
• 8-22 hours, 5 breaks
• 22-24 hours, 6 breaks

In May of 2022, Oregon-OSHA implemented new rules around excessive heat and the associated risks. Employees who work under high heat index conditions must be given heat illness prevention rest breaks. They can occur at the same time as meal and rest breaks, but they must relieve employees of all duties and allow them to cool down.

Oregon Break Laws for Minors

Oregon employers must give minors a meal break of at least 30 minutes. This break must be no later than 5 hours and one minute after the minor starts their shift.

Minors receive rest breaks at the same intervals as those outlined above, but their breaks must last for 15 minutes.

Oregon Break Laws for Mothers

Oregon laws require employers to provide space and reasonable breaks for female employees to pump breast milk during the workday, including lactating and pregnant workers. It applies to exempt and non-exempt workers, including those working full- and part-time, until the child is 18 months old. The space provided cannot be a bathroom.

Oregon Day of Rest Laws

A “day of rest” law only applies to domestic workers in Oregon.

Employers of domestic workers must provide 24 hours of rest every work week. If the worker agrees to work on the designated day of rest, the employee must pay overtime for those hours.

Plus, for any domestic worker who worked an average of 30 hours a week or more the previous week, the employer must provide the worker with at least 3 paid personal days off.

Domestic workers who live in their employers’ homes must be given several break periods. First, every 24 hours, employers must allow at least 8 consecutive hours of rest. In addition, the employer must provide the employee with a place that allows uninterrupted sleep. Secondly, the employer must allow the domestic worker to cook their own food. Employers can place reasonable restrictions based on the religious or health needs of the home’s residents.

Oregon Break Room Requirements

There are no break room requirements in place in Oregon.

Oregon Penalties for Breaking Rest and Break Laws

In Oregon, breaks are not optional. Employees may not waive their right to a break, and employers can require non-exempt employees to take all their required breaks. Employers can also discipline employees for not taking breaks.

Common Oregon Break Law FAQs

How early can I take my lunch break in Oregon?

If your shift is 6-7 hours, you may take a lunch break between the second and fifth hours. During shifts longer than 7 hours, the meal break may be taken between the third and sixth hours.

How many breaks in a 6-hour shift in Oregon?

During a 6-hour shift, a non-exempt employee would receive one 30-minute meal break and one 10-minute rest break.

How many breaks in an 8-hour shift in Oregon?

During an 8-hour shift, a non-exempt employee would receive one 30-minute meal break and two 10-minute rest breaks.

How many breaks in a 12-hour shift in Oregon?

During a 12-hour shift, a non-exempt employee would receive one 30-minute meal break and three 10-minute rest breaks.

Is it legal to work 7 days straight in Oregon?

Yes, it is legal to work 7 days straight in Oregon. There are no “day of rest” requirements. However, employers must comply with overtime and minimum wage regulations.

Can I waive my lunch break in Oregon?

No. For non-exempt employees, breaks are not optional in Oregon.

Oregon Bureau of Labor & Industries

The content on this site is provided for general informational purposes only and does not constitute legal advice. Laws vary by location and change frequently; we make no representations as to the accuracy, completeness, or currency of any information on this site. Always seek the advice of a licensed legal professional regarding your specific situation.