Waivers and exceptions
Employees cannot waive breaks, except tipped food and beverage servers 18+ who sign BOLI form WH-164. Meal break exceptions exist for rare emergencies, a 20 to 29 minute paid industry custom, or paid undue hardship with notice. Source: oregon.gov↗ (opens in a new tab)
Industry-specific rules
No rest breaks needed for adults working alone in retail or service for under 5 hours in 16 hours. Hospitals face a $200 penalty per missed break under ORS 653.258 from June 1, 2025. Source: oregon.gov↗ (opens in a new tab)
Penalties
Coercing a food or beverage server to waive meal breaks carries a civil penalty up to $2,000 per violation; BOLI can also order lost wages and penalty wages. Source: oregonlegislature.gov↗ (opens in a new tab)
Recent changes
From May 7, 2025, HB 2541 extends lactation break rights to certain piece-rate agricultural workers. Hospital meal and rest break penalties under ORS 653.258 began June 1, 2025. Source: oregon.gov↗ (opens in a new tab)
The law and where to check
The law: ORS 653.261; OAR 839-020-0050; ORS 653.077 (lactation) (opens in a new tab)
The agency: Oregon Bureau of Labor and Industries (BOLI) (opens in a new tab)
What federal law says
Federal law does not require meal or rest breaks. If you give short breaks (about 5 to 20 minutes), they must be paid. Meal periods of 30 minutes or more can be unpaid if the employee is fully relieved of duty. Nursing employees get reasonable break time under the federal PUMP Act. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — PUMP Act↗ (opens in a new tab)
Meal and rest breaks checklist for Oregon employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Check which of your staff the break rules above cover, including minors.
- Build required meal and rest breaks into your schedules.
- Decide which breaks are paid and record them correctly in your timekeeping.
- Set up a private, non-bathroom space for nursing employees.
- Put your break policy in writing and share it with staff.
- Keep time records that show breaks were taken.
More Oregon employment law guides
- All Oregon employment laws
- Oregon final paycheck law
- Oregon paid sick leave law
- Oregon overtime law
- Oregon pay frequency law
- Oregon vacation and PTO payout law
- Oregon new hire reporting
- Oregon at-will exceptions
Meal and rest breaks laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.