Meal and Rest Break Requirements in Oregon

At a glance

Requirements one by one

Meal periods

Under OAR 839-020-0050, a nonexempt employee working at least six hours receives a meal period of at least 30 minutes. A shift reaching 14 hours requires a second meal, and a shift reaching 22 hours requires a third. For a work period of at least six but less than seven hours, the meal comes after the second hour and before the fifth begins. For a longer work period, it comes after the third hour and before the sixth begins.

Paid rest periods

The same rule requires a paid rest period of at least 10 minutes for each four-hour segment or major part of one. A "major part" begins at two hours and one minute. Rest should be near the middle of the segment and must be separate from lunch; it cannot be moved to the beginning or end of the shift to shorten the day.

Duty-free and exceptional meals

A normal meal is duty-free and may be unpaid. If the employee performs duties during the meal, the employer must pay for the whole meal period. The rule has narrow exceptions for rare and unanticipated events, an established industry custom of a paid duty-free meal lasting at least 20 minutes, and undue hardship. The hardship route still requires adequate paid time to eat, rest, and use the restroom, plus prescribed notice to the worker.

Waivers and coverage limits

Employees generally cannot waive required breaks. A narrow exception allows a tipped food-and-beverage server age 18 or older to request a meal waiver on BOLI's written form after working for the employer for at least seven days. The waiver cannot eliminate a duty-free meal when the shift exceeds eight hours, and any meal worked remains paid.

Oregon's rule covers nonexempt employees. A narrow rest-break exception applies when an adult works alone in a retail or service establishment for less than five hours in a 16-hour period and may leave the station to use the restroom. Acute inpatient care facilities have a separate meal-timing provision.

Minors

Under OAR 839-021-0072, employees under 18 receive the same 30-minute meal framework but a longer paid rest: at least 15 minutes rather than 10. BOLI's current guidance says the meal exceptions may apply to 16- and 17-year-olds, but a 14- or 15-year-old must always receive the required meal period.

Enforcement

Oregon BOLI may assess a civil penalty for failing to provide an appropriate meal or rest period. Under OAR 839-020-1010, the ordinary maximum is $1,000 for any one violation.

What trips people up

The first meal is triggered at exactly six hours, not only after six hours have passed. The rest clock is different: more than two hours in a work segment is already the "major part" of four hours and triggers a paid rest.

Break time cannot simply be pooled. A worker cannot skip two paid rests to add 20 minutes to lunch or leave early, because the rule requires separate rests near the middle of each work segment.

Common questions

How many breaks does an eight-hour employee receive?

Ordinarily, one 30-minute meal and two paid 10-minute rest periods. The meal is separate from both rests.

Can my employer interrupt lunch and still call it unpaid?

No. Oregon's current rule guidance says that when an employee is not relieved of all duties, the employer must pay for the entire meal period.

Can I skip a break because the workplace is busy?

Not by ordinary agreement. The employer must provide and require the break unless a specific rule exception actually applies; an employee preference to skip it is not enough.

Statutes and sources

• OAR 839-020-0050. Oregon BOLI's current official page applies the rule's meal/rest schedule, payment treatment, exceptions, and waiver limits. Official guidance (accessed July 12, 2026).
• OAR 839-021-0072. The current official minor rule requires a 30-minute meal and a 15-minute rest under the adult rule's framework. Official rule (accessed July 12, 2026).
• OAR 839-020-1010. The current official enforcement rule identifies meal- and rest-period violations and sets the ordinary $1,000 maximum per violation. Official rule (accessed July 12, 2026).