Not every worker realizes it, but regular breaks during the workday aren’t just a perk they’re a legal right in Oregon. Whether you’re on your feet in a retail job, working long shifts in healthcare, or typing away in a corporate office, you are legally entitled to meal and rest breaks if you qualify as a non-exempt employee.
Unfortunately, many employers across Oregon either ignore these rules or take advantage of workers who don’t know their rights. Missed breaks, shortened lunches, and pressure to keep working “through it” are more than just unfair they could be violations of state labor law.
In this guide, we’ll break down what Oregon law says about your right to rest and meal breaks, how to know if your employer is violating the law, and what to do if your rights have been denied. And if you’re dealing with a current or ongoing break-related issue, Meyer Employment Law is here to help you hold your employer accountable.
Also read:
5 Types of Discrimination in the Workplace
Overtime Laws in Oregon & How to Calculate Overtime Pay
What Does Oregon Law Say About Meal and Rest Breaks?
Oregon’s labor laws offer some of the strongest break protections in the country. These regulations are enforced by the Oregon Bureau of Labor and Industries (BOLI) and apply to non-exempt employees (typically hourly workers, but also some salaried employees depending on classification).
Here’s what the law says:
Rest Breaks
- You are entitled to a paid 10-minute rest break for every 4 hours (or major portion thereof) worked.
- These breaks must be separate from your meal break.
- Breaks must be allowed in the middle of each work period, if feasible.
- Employers cannot require you to work through rest breaks or delay them excessively.
Meal Breaks
- You are entitled to an unpaid 30-minute meal break when working 6 hours or more.
- If you work 7 hours or more, your meal break should be taken between hours 2 and 5.
- If you are not relieved of all duties during a meal break (i.e., on-call or interrupted), the break must be paid.
Important: These rights cannot be waived—even if you “voluntarily” work through a break, your employer may still be liable.
Who Is Covered Under Oregon’s Meal and Break Laws?
Most Oregon employees are covered under these laws unless they meet exemption criteria under state or federal law. Typically:
- Hourly workers are non-exempt and fully protected.
- Some salaried workers, especially in administrative or professional roles, may be exempt.
- Even if you’re salaried, you may still qualify depending on your actual job duties.
If you’re unsure about your classification, reach out to our team for guidance misclassification is a common tactic used to avoid compliance.
Common Violations of Meal and Rest Break Rights
Employers don’t always follow the rules even when they know them. Here are some of the most common violations we see across Oregon:
1. No Breaks Provided at All
Some employers completely ignore the law, particularly in high-demand fields like food service, retail, or caregiving.
2. Shortened or Interrupted Breaks
Being told to take a “quick 5-minute” break instead of the full 10 minutes or being called back in during your lunch is illegal.
3. Forced to Work Through Breaks
You cannot be required to answer phones, serve customers, or complete tasks during a break. If you do, it must be paid.
4. Retaliation for Taking Breaks
Some employees face subtle pressure to “be a team player” by skipping breaks. Others are outright disciplined for insisting on their rights.
5. Failure to Track Breaks Properly
Oregon law requires accurate timekeeping. If breaks are not tracked or are falsified that may be a wage violation.
What to Do If Your Employer Isn’t Following the Law
Step 1: Keep Records
Track your schedule, the number of breaks you’re offered (or not), and any interruptions. Write down:
- Dates and times
- Who was involved
- Whether you were paid
- Any retaliation you faced
Step 2: Review Company Policy
Most employers are required to have written break policies under Oregon’s labor laws. Request a copy of your employee handbook and note any inconsistencies with what’s actually happening.
Step 3: Raise the Issue Internally
If it’s safe to do so, report the issue to your supervisor or HR in writing. Keep copies of emails or reports.
Step 4: File a Complaint with BOLI
You can file a wage claim with the Oregon Bureau of Labor and Industries if your employer is not complying. BOLI can investigate and help recover lost wages or penalties.
Step 5: Contact a Wage and Hour Attorney
Employers often push back on break claims—or retaliate when employees speak up. An experienced employment lawyer can protect your rights, file a claim, and seek damages on your behalf.
Can You Be Fired for Reporting Break Violations?
No, and if you are it’s illegal.
Oregon law prohibits retaliation for asserting your rights under labor law. This includes:
- Termination
- Demotion
- Schedule cuts
- Harassment or isolation
- Negative performance reviews
If you’re punished for standing up for your legal rights, you may also have a retaliation or wrongful termination claim.
What Are You Entitled to If Break Laws Are Violated?
If your employer fails to provide legally required breaks, you may be entitled to:
- Unpaid wages for time worked during breaks
- Penalty pay: One additional hour of pay per missed break in some cases
- Back pay for unpaid or underpaid work hours
- Emotional damages (if retaliation occurred)
- Attorney fees and court costs
At Meyer Employment Law, we help Oregon workers recover what they’re owed and hold employers accountable under wage and hour law.
Don’t Let Employers Take Advantage of Your Time
You work hard and you’re entitled to take care of yourself during the day. When an employer denies you basic rights like meal and rest breaks, it’s not just inconsiderate it’s illegal.
If you believe your Oregon employer is violating break laws, start documenting, speak up, and reach out for support. You may be entitled to back pay, penalties, and legal remedies that protect your time and dignity.
The team at Meyer Employment Law is here to help you navigate Oregon’s labor laws and make sure you’re treated fairly. Schedule your free consultation today to discuss your case in confidence.
