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Breaks and Lunches again! Oregon

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  • Breaks and Lunches again! Oregon

    My crew was informed that from now on we were no longer allowed to take our usually 15 and 30 minute breaks and lunches... but instead we are to take 12 and 25 minute breaks and lunches... anyone found doing not doing so will be written up and or fired... is this allowed in the state of oregon???

  • #2
    I can give you part of an answer, the federal law (FLSA) part of the answer.
    - Breaks of 20 minutes or less must be paid.
    - Breaks of 30 minutes or more can be unpaid if the employee is relieved of all duties.
    - Breaks in the 21-29 minute range are sort of grey area where federal DOL has not given clear guidance.

    I am citing the federal regulations below. Your state is not my state. Perhaps someone else can cite the OR rules (if any). All states are subject to the federal rules. State rules (if any) are in addition to, not instead of, the federal rules.

    29 CFR 785.18 Rest.
    Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time. ( Mitchell v. Greinetz, 235 F. 2d 621, 13 W.H. Cases 3 (C.A. 10, 1956); Ballard v. Consolidated Steel Corp., Ltd., 61 F. Supp. 996 (S.D. Cal. 1945))


    29 CFR 785.19 Meal.
    (a) Bona fide meal periods. Bona fide meal periods are not worktime. Bona fide meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals. Ordinarily 30 minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions. The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating. For example, an office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating. ( Culkin v. Glenn L. Martin, Nebraska Co., 97 F. Supp. 661 (D. Neb. 1951), aff'd 197 F. 2d 981 (C.A. 8, 1952), cert. denied 344 U.S. 888 (1952); Thompson v. Stock & Sons, Inc., 93 F. Supp. 213 (E.D. Mich 1950), aff'd 194 F. 2d 493 (C.A. 6, 1952); Biggs v. Joshua Hendy Corp., 183 F. 2d 515 (C. A. 9, 1950), 187 F. 2d 447 (C.A. 9, 1951); Walling v. Dunbar Transfer & Storage Co., 3 W.H. Cases 284; 7 Labor Cases para. 61.565 (W.D. Tenn. 1943); Lofton v. Seneca Coal and Coke Co., 2 W.H. Cases 669; 6 Labor Cases para. 61,271 (N.D. Okla. 1942); aff'd 136 F. 2d 359 (C.A. 10, 1943); cert. denied 320 U.S. 772 (1943); Mitchell v. Tampa Cigar Co., 36 Labor Cases para. 65, 198, 14 W.H. Cases 38 (S.D. Fla. 1959); Douglass v. Hurwitz Co., 145 F. Supp. 29, 13 W.H. Cases (E.D. Pa. 1956))

    (b) Where no permission to leave premises. It is not necessary that an employee be permitted to leave the premises if he is otherwise completely freed from duties during the meal period.

    Last edited by DAW; 07-20-2012, 04:06 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Oregon law requires 10 minute rest breaks for every four hours or major fraction thereof. Since your employer is mandating 12 minute breaks, which is longer than required, then yes, it is legal.

      For the 25 minute meal breaks, I have a question. In your unnamed industry, what is the custom and how many such breaks are being provided?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Here's a good link with lots of info on meal/rest breaks Oregon:

        http://www.oregon.gov/boli/TA/pages/...iod_rules.aspx
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        • #5
          Oregon law requires 10 minute rest breaks for every four hours or major fraction thereof. Since your employer is mandating 12 minute breaks, which is longer than required, then yes, it is legal.

          For the 25 minute meal breaks, I have a question. In your unnamed industry, what is the custom and how many such breaks are being provided?

          8 hours we get two 15 minute breaks and one 30 minute lunch

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