Oregon Break Laws (2026)

A meal period of at least 30 minutes must be provided to non-exempt employees who work 6 or more hours in one work period; no meal period is required for work periods under 6 hours. Timing: if the work period is at least 6 but less than 7 hours, the meal period must be taken after the 2nd hour worked and before the start of the 5th hour; if the work period is more than 7 hours, after the 3rd hour worked and before the start of the 6th hour. Employees must be relieved of all duties.

Who's covered

Non-exempt employees of all employers (OAR 839-020-0050 under ORS 653.261). Employees covered by certain collective bargaining agreements may be excluded; special rules for acute inpatient care facilities (hospital staff) and tipped food/beverage servers who sign a written waiver.

Longer shifts

Additional meal periods for longer work periods (BOLI chart): 14 hours: 2 meals; 14 h 1 min - 21 h 59 min: 2; 22 hours or more: 3. (Timing above: 6 to <7 hr shift - between end of 2nd hour and start of 5th hour; >7 hr shift - between end of 3rd hour and start of 6th hour.)

Paid or unpaid

Unpaid if relieved of all duties. If, under exceptional circumstances, the employee performs any duties during the meal period, the whole meal period must be paid.

Waivers

Tipped food and beverage servers may voluntarily waive the meal period in writing on a BOLI form (new hires only after 7 days), must have an opportunity to eat on shifts of 6+ hours, must be paid for any meal not relieved of duty, and must still get a duty-free meal when working longer than 8 hours; employer keeps the waiver 6 months after separation.

Exemptions

No 30-minute duty-free meal required when: (1) unforeseeable equipment failures, acts of nature or other exceptional, unanticipated circumstances rarely and temporarily prevent it; (2) industry practice/custom establishes a PAID meal period of less than 30 but at least 20 minutes with relief from all duties; (3) the employer can show undue hardship (employee must still get adequate paid time to eat while working; written notice/records rules apply); (4) tipped server written waiver. For minors, exceptions apply only to 16-17-year-olds.

Source: ORS 653.261; OAR 839-020-0050 (and Appendix A)

Employer-paid rest period of not less than 10 minutes for every segment of 4 hours or 'major part thereof' (2 hours 1 minute through 4 hours) worked in one work period, taken in addition to and separately from meal periods, approximately in the middle of each segment insofar as feasible. Rest periods may not be added to the meal period or deducted from the start or end of the shift; employees must actually take them. Not required when ALL of these apply: employee is 18+, works less than 5 hours in any 16 continuous hours, works alone, in a retail or service establishment, and may leave the station to use the restroom.

How many: BOLI chart (work period length: rest breaks / meal breaks): 2 hrs or less: 0/0; 2 h 1 min - 5 h 59 min: 1/0; 6 hrs: 1/1; 6 h 1 min - 10 hrs: 2/1; 10 h 1 min - 13 h 59 min: 3/1; 14 hrs: 3/2; 14 h 1 min - 18 hrs: 4/2; 18 h 1 min - 21 h 59 min: 5/2; 22 hrs: 5/3; 22 h 1 min - 24 hrs: 6/3. (minShiftHoursForFirstRest=2 means first rest required once the work period EXCEEDS 2 hours.)

Pay: Paid.

Source: ORS 653.261; OAR 839-020-0050

Minors get the same meal-period rules as adults (30 minutes for 6+ hour work periods, same timing), but the meal-period exceptions may be applied only to 16- and 17-year-olds; 14- and 15-year-olds must always receive the required meal period. Rest breaks for all minors are 15 minutes (instead of 10) for every 4 hours or major part thereof, paid.

Source: OAR 839-021-0072 (per BOLI); ORS 653.261

All employers must provide reasonable unpaid rest periods each time an employee needs to express milk, for a child 18 months of age or younger. If feasible, these are taken at the same time as existing rest/meal periods; if the employer must provide paid rest periods (e.g., Oregon's 10-minute rest breaks), pumping time is paid up to the amount of required paid rest time; other time may be unpaid (employer may allow make-up time). Unpaid pumping time counts as work time for health-insurance hour thresholds. Employer must make reasonable efforts to provide a private location, other than a public restroom or toilet stall, in close proximity to the work area (may be the work area, a lounge connected to a restroom, or a nearby child care facility). Employers with 10 or fewer employees are exempt from providing rest periods if it would impose an undue hardship. Applies also to administrative/executive/professional and agricultural employees. Employees should give reasonable notice when possible (failure is not grounds for discipline). School district boards must adopt a lactation policy.

Pay: Unpaid, except that pumping time is paid up to the paid rest-break time the employer is required to provide.

Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.

Source: ORS 653.077; OAR 839-020-0051

BOLI may assess a civil penalty of up to $1,000 against any person that willfully violates ORS 653.261 or its rules (meal/rest), and up to $1,000 for intentional violations of ORS 653.077 (lactation) (ORS 653.256). Missed meal periods may also be recovered as unpaid wages; separate enforcement and penalties apply to hospital staff under ORS 653.258/441.790 (HB 2697, 2023).

Under federal law, a “meal” break during which the employee keeps working is paid time — and can create unpaid overtime. Check the Oregon overtime rules.