I am a server at a major corporation restuarant. We just opened a new store and we were originally given breaks to those who were closing the shift. The managers would have a individual come in just to break the closing servers. Then they dropped that idea and moved to having the servers who were not closing break the servers that were. This way they did not have to pay any extra servers to make sure the closer servers were given their break. The problem now is that there is one manager the General Manager, who does not give any breaks to the servers who are closing. They are there from 10 am until at least 4:30. This is a lot of hours of working and not getting a simple break. Is this leagal. If not who do I contact to make sure this does not happen anymore. I have mentioned it to one manager and he stated the problem would not happen again, but as of today the problem still presists. Any information would be greatly appreciated. I know the servers at the restuarant are very frusturated and want it fixed, but there are different laws for servers in the restuarant business compared to a normal desk job.

Under Oregon law, employees are entitled to a 30 minute meal break for every work period of between six and eight hours. They also are entitled to a ten minute rest break for every four hours of work.

They are NOT required to bring in another individual to cover the employees who are on break. There is nothing illegal about requiring other employees on duty to cover for the employees on break.

If you are not receiving the breaks due you under the law, your recourse (assuming all attempts at internal resolution have failed) is to contact your state (not the Federal - Federal law does not require breaks) DOL.

I have tried to speak to the managers about the problem and was wondering how I could get the number of the right person to call in Oregon to handle the situation? I don't want to get anyone in trouble, I just want the situation settled out. Thanks.

Just call the local office of the Wage and Hour Division of the Bureau of Labor and Industries. You can find their number in the state government section of your telephone book. There are plenty of people there who can help you; just explain that you are not receiving the required breaks.