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tarbender
02-28-2006, 02:30 AM
I hope someone out there has the answer: I know all the legal requirements for employers in regard to mandatory rest periods and off the clock meal breaks, but my question is whether or not, as an employee, I am legally required to take a break, or if the employer is only required to offer me one. Am I allowed to decline the offer? I work as a bartender at a busy restaurant/ bar- we are required to clock off for 30 minutes if our shift will go over 6 hours. I was written up today for clocking out last week at 6 hours and 18 minutes, because I did not take a break. I did not want/ need a break. I just lose my momentum. Does anyone know the answer undoubtedly? thanks...

Pattymd
02-28-2006, 10:18 AM
http://www.boli.state.or.us/BOLI/TA/T_FAQ_Restandmeal.shtml

Irrespective of whether the law requires the employer provide rest breaks and meal periods, if the employer says you take them, then you take them. The only way they can NOT discipline you for not taking them is to withhold your pay for time you actually worked. However, you can be disciplined in any other way for not abiding by company policies up to, and including, termination.

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