![]() ![]() When the employee works longer than eight hours, the employee must be given a meal period in which the employee is relieved of all duty.The employee is paid for any meal period in which the employee is not relieved of all duty.The employee has an opportunity to consume food during shifts of six hours or longer.The employer retains a copy of the meal waiver for six months after the employee separates from employment.The request to waive the meal period is in writing on a form.(For newly hired employees, the request to waive the meal period may not be made until the employee has worked for the employer at least seven days.) The employee voluntarily requests to waive the meal period.The employee is at least 18 years of age. The employee is employed to serve food or beverages, and receives and reports tips to the employer.The employee is a tipped food and beverage server who has voluntarily waived their meal period under the following conditions:.Notice to Employees Regarding Meal and Rest Periods, also available in Spanish. In addition, the employer must give notice to each employee affected by the undue hardship provision on a form prescribed by BOLI and maintain a copy of the notice for the duration of the employee’s employment and for at least six months after the termination date of the employee. When an employer can demonstrate that providing an employee a meal period would impose an undue hardship on the operation of the business and does not provide the full 30-minute meal period, employees must still be provided with adequate time to consume a meal, rest and use the restroom, and must be paid for this time, in addition to being provided all rest periods required by law for the number of hours worked in any given shift. Providing a 30-minute, unpaid meal period where the employee is relieved of all duties would impose an undue hardship on the operation of the employer’s business.Industry practice or custom has established a paid meal period of less than 30 minutes (but no less than 20 minutes) during which the employee is relieved of all duties.The failure to provide a meal period was caused by unforeseeable equipment failures, acts of nature or other exceptional and unanticipated circumstances that only rarely and temporarily preclude the provision of a meal period. ![]() Yes there are four exceptions to the requirement that an employee be provided with a 30-minute meal period in which the employee is relieved of all duties. So long as an employee is otherwise relieved of all duties, taking required preventive cool-down rest breaks is a work assignment that is not inconsistent with required meal and rest periods.Īs always, If an employee feels sick (including as a result the air quality or heat indexes) the employee may use any available sick leave under the Oregon Sick Leave laws.īOLI rules, an employee who is not working as a first responder may also use available sick leave when a public official has determined that the air quality or heat indexes at either the employee’s work location or home are at a level where continued exposure to such levels would jeopardize the health of the employee. These heat illness prevention rest breaks can take place at the same time as required meal or rest periods if the timing of the break coincides with the required meal or rest period. (OSHA’s rule provides three options for scheduling these, regardless of the length of the shift.) Protections, employers must provide employees who perform work under high heat index conditions with heat illness prevention rest breaks. See Oregon OSHA’s website for details on required These new rules become effective June 15, 2022. In May 2022, Oregon-OSHA announced new rules regarding workplace hazards posed by excessive heat. Rest and meal periods and heat illness prevention ![]()
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