I need a break!

Throughout the day, working people need breaks. Hard work exhausts the mind and body, but taking a short break can re-energize an employee and help them to achieve better results. In the state of Oregon, employee break laws are broadly divided into two categories, those affecting adults, and those affecting minors (children). Today, I am looking at those laws impacting adults. (Minors and employment break laws may be covered at a later time). As always there are nuances to each of the below types of breaks, this is just a broad overview. 

The first question is who gets a break?

Break laws generally protect those who are “not-exempt” employees. This can be a tricky subject with many details and factors but generally, those who are not salaried or a member of management are considered non-exempt.

What kind of breaks do they get?

For an adult, breaks are generally divided into two types, meal periods and rest periods. These are breaks mandated by state law, to which most employees are entitled. Note, however, if you work at a unionized workplace, your break lengths and availability may be different. 

A meal period is a minimum of 30 minutes unpaid, that an employee is entitled to when working a six hours or longer shift. When an employee works a fourteen hour or longer shift, they are then entitled to two meal periods. There are also restrictions to when in an employment shift an employee must be allowed to take a meal break. While there are many ticky-tacky rules and factors that impact meal breaks, the key here is those meal periods are off the clock and unpaid. 

A rest period though is totally different. These are on the clock paid breaks of 10 minutes in length for every 4 hour (or a major part of a 4 hour) period. Rest periods are supposed to be taken in approximately the middle of a 4 hour period. 

Meal periods and rest periods are not the only breaks that are out there though. There may also be other breaks that apply to an individual, such as breaks for nursing mothers, or breaks that are part of a disability accommodation. These breaks through are very fact specific, and difficult to discuss in general. If you believe you are being denied one of these specialized breaks you should be entitled to, you may wish to consult with an attorney. 

Ultimately, Oregon’s workers are entitled to take a break from time to time. This is good for the employee as they work really hard, and it is good for the employer as a rested employee is a productive employee. If you feel you aren’t getting the breaks you are entitled to, and you would like to have your situation evaluated, please feel free to call and schedule a free initial consultation.