Oregon Break Laws: Meal Periods and Paid Rest Breaks

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The answer

Yes: 30 minute meal at 6 hours, paid 10 minute rest per 4 hours

The Bureau of Labor and Industries (BOLI) requires a meal period of at least 30 minutes, free of all duties, for non-exempt employees whose work period is six hours or longer, with more meal periods once a shift reaches 14 hours. Separately, employers pay for a rest period of at least 10 minutes in each four hour segment of work or major part of one, meaning anything from two hours and one minute up to four hours. (U.S. DOL WHD, Meal period requirements under state law)

“Paid 10-minute rest period for every 4-hours worked or major portion thereof in one work period; as feasible, approximately in middle of each segment of work period.”
Administrative (Oregon), per U.S. DOL WHD rest period table · dol.gov · verified Sep 27, 2026

Employee handbook template

What it means for Oregon employers

Oregon fixes when the meal happens. For a work period of six hours up to seven, BOLI places it after the second hour worked and before the fifth hour starts. For more than seven hours, it falls after the third hour and before the sixth hour begins. Acute inpatient care facilities have their own windows for shifts over seven and over ten hours. (Oregon BOLI, Meals and Breaks)

The work period is measured from starting time to ending time, including rest breaks and any unassigned gap of an hour or less during which the employee is relieved of duty. A proper meal period is not part of it, unless the employee keeps working through the meal. (U.S. DOL WHD, Meal period requirements under state law)

Rest breaks have to be taken as breaks. BOLI says an employer may not let employees tack them onto lunch, skip them to leave early, or work through one to make up for arriving late. They belong approximately in the middle of each segment, as the work allows. BOLI's own example: an 8:00 a.m. to 5:00 p.m. day with a 30 minute unpaid lunch at noon earns rest breaks near 10:00 a.m. and 2:45 p.m.; a shift over ten hours earns a third. (Oregon BOLI, Meals and Breaks)

Staying on the premises is allowed. BOLI answers yes to requiring employees to remain on site during meal and rest periods, but adds that an employee who must also stay on call has not been relieved of all duties, which turns the meal into paid time. (U.S. DOL WHD, Meal period requirements under state law)

If a worker skips lunch, BOLI's general answer is that the employer provides the meal period when it can and requires it to be taken; only when an exception applies is the employee paid for working through it, after which the shift may be shortened. (U.S. DOL WHD, Meal period requirements under state law)

Smokers are not entitled to extra rest breaks, according to BOLI. (Oregon BOLI, Meals and Breaks)

Exceptions and special cases

Rare, unforeseeable events such as equipment failures or acts of nature that temporarily prevent a meal period. (U.S. DOL WHD, Meal period requirements under state law)
Industry custom of a paid, duty-free meal of 20 to under 30 minutes. (U.S. DOL WHD, Meal period requirements under state law)
Undue hardship: the employer pays for shorter time to eat, rest and use the restroom, still gives every rest break, and notifies each affected employee on the BOLI form, keeping a copy for the whole employment plus six months. (Administrative (Oregon), per U.S. DOL WHD rest period table)
Tipped food and beverage servers aged 18 or older may waive the meal period in writing on BOLI's form (new hires only after seven days), with conditions including a duty-free meal when the shift runs past eight hours and a posted BOLI notice. (U.S. DOL WHD, Meal period requirements under state law)
No rest period is required for an adult who works alone in a retail or service establishment for under five hours in any 16 continuous hours and may leave the station to use the restroom. (U.S. DOL WHD, Rest period requirements under state law)
Minors: rest breaks are 15 minutes, and 14 and 15 year olds always get the meal period; the meal exceptions reach only 16 and 17 year olds. (U.S. DOL WHD, Meal period requirements under state law)

Worked examples

A 6.5 hour work period starting at 7:00 a.m.

The 30 minute meal starts after 9:00 a.m. and before 11:00 a.m. (after the second hour, before the fifth begins). Two paid rest breaks are due, one in each segment, because the 2.5 hours after the first four-hour block exceed two hours. (Administrative (Oregon), per U.S. DOL WHD rest period table)

A 2.5 hour shift

No meal period, but one 10 minute paid rest break, taken around the middle of the shift, since 2.5 hours is a major part of four. (U.S. DOL WHD, Meal period requirements under state law)

A 16 year old cashier working 5 hours

No meal period is required below six hours, but the rest break for this worker is 15 minutes rather than 10. (U.S. DOL WHD, Meal period requirements under state law)

How to act on it

Attendance policy with break scheduleSet meal windows by shift length and forbid stacking breaks onto lunch.Written warning templateBOLI expects employers to enforce breaks; document refusals consistently.All state break lawsSee Washington, Idaho, Nevada and California rules next to Oregon.Oregon employer rulebookOregon final pay, sick time and payday rules.

Breaks: Oregon and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

State	Meal break	Rest break
Oregon	30 minutes	10 min per 4 hours
Washington	30 minutes	10 min per 4 hours (full page)
Idaho	Pending verification	Pending verification
Nevada	30 minutes	10 min per 4 hours
California	30 minutes	10 min per 4 hours (full page)

Questions about Oregon break rules

Does Oregon require a lunch break for a 5 hour shift?

No. BOLI requires the meal period only when the work period is six hours or more; one paid rest break is still owed.

Can an employee skip the afternoon break and leave 10 minutes early?

No. BOLI says rest periods cannot be deducted from the start or end of the shift.

Can I make employees stay on site during lunch?

Yes, but if they also have to remain on call, they are not relieved of all duty and the time is paid.

Are Oregon rest breaks different for minors?

Yes, all minors get 15 minute rest breaks instead of 10.

When does a server's meal waiver not apply?

When the shift is longer than eight hours; a duty-free meal period is then given anyway.

The verified rules behind this page (2)

Oregon employers must give a ½ hour (30-minute) meal period, relieved of all duty, to non-exempt employees who work 6 or more hours in a work period. (Administrative (Oregon), per U.S. DOL WHD meal period table; verified Sep 27, 2026)
Oregon employers must give a paid rest period of at least 10 minutes for every 4 hours worked (or major part thereof), separate from the meal period. (Administrative (Oregon), per U.S. DOL WHD rest period table; verified Sep 27, 2026)

Sources (3)

Checked Sep 27, 2026 · How we verify every rule · Report an error

Oregon break laws: what BOLI requires of employers