Oregon Rest Periods: What you need to know

Federal wage and hour law does not mandate that employees be given either paid or unpaid rest or meal periods. Whether breaks are required is left up to the states. Oregon requires both rest periods and meal periods.
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U.S. Department of Labor Wage and Hour Division regulations do specify when work breaks, including meal periods, rest periods, and sleeping time, if provided, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23).
Under Oregon law, employers must provide, with pay, appropriate rest periods of at least 10 minutes for every 4 hours of work. As the nature of the work allows, employers must provide the rest period approximately in the middle of each segment of 4 hours or major part thereof worked during a work period (OR Admin. Reg. Sec. 839-020-0050).
Employers must provide these rest periods in addition to and taken separately from the time provided for a meal period. An employer may not require or allow an employee to add the rest period to a meal period or deduct the rest period from the beginning or end of the employee's work period to reduce the overall length of the work period.
Exception. An employer is not required to provide a rest period to an employee when the employee meets all of the following requirements:
Is 18 years of age or older;
Works less than 5 hours in any period of 16 continuous hours;
Is working alone;
Is employed in a retail or service establishment where goods and services are sold to the public, rather than for resale; and
Is allowed to leave his or her assigned station to use the restroom.
The rest periods provision does not apply to agricultural workers and employees ...

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