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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Oregon employers must provide employees with at least a 30-minute unpaid meal period
when the work period is 6 hours or greater. The law requires an uninterrupted period in
which the employee is relieved of all duties. No meal period is required if the work period is
less than six hours. ORS 653.261; OAR 839-020-0050; OR Bureau of Labor FAQs: Meal
and Rest Periods.
Oregon employers must provide employees 18 years of age and over with a paid,
uninterrupted 10-minute rest break for every four-hour segment or major portion thereof in
the work period. OAR 839-020-0050(1)(b). The rest break should be given in the middle of
each segment, whenever possible. Employers must provide employees under the age of
18 uninterrupted rest breaks of at least 15 minutes for each four-hour segment of work or
major portion thereof. OAR 839-021-0072; OR Bureau of Labor FAQs: Meal and Rest
Periods.
(See also OAR 839-020-0051 Rest Periods for Expression of Milk)
Oregon employers must provide employees with at least a 30-minute unpaid meal period
when the work period is 6 hours or greater. The law requires an uninterrupted period in
which the employee is relieved of all duties. No meal period is required if the work period is
less than six hours. ORS 653.261; OAR 839-020-0050; OR Bureau of Labor FAQs: Meal
and Rest Periods.
Oregon employers must provide employees 18 years of age and over with a paid,
uninterrupted 10-minute rest break for every four-hour segment or major portion thereof in
the work period. OAR 839-020-0050(1)(b). The rest break should be given in the middle of
each segment, whenever possible. Employers must provide employees under the age of
18 uninterrupted rest breaks of at least 15 minutes for each four-hour segment of work or
major portion thereof. OAR 839-021-0072; OR Bureau of Labor FAQs: Meal and Rest
Periods.
(See also OAR 839-020-0051 Rest Periods for Expression of Milk)
Vacation
In Oregon, employers are not required to provide employees with vacation benefits, either
paid or unpaid. OR Bureau of Labor and Industries FAQs: Fringe Benefits. If an employer
chooses to provide such benefits, it must comply with the terms of its established policy or
employment contract. OR Bureau of Labor FAQs; See Wyss v. Inskeep, 73 Ore. App. 661,
699 P.2d 1161 (1985); Henderson-Rubio v. The May Department Stores Company, 53 Ore.
App. 575, 632 P.2d 1289 (1981).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. OR Bureau of
Labor and Industries FAQs: Fringe Benefits.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they are
terminated or fail to comply with specific requirements, such as giving two weeks notice or
being employed as of a specific date of the year. OR Bureau of Labor and Industries FAQs:
Fringe Benefits; See Wheeler v. Mission Electric & Plumbing Supply, Inc., 267 Ore. 209,
515 P.2d 1323 (Ore. Sup. Ct. 1973).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. OR Bureau of Labor and Industries FAQs:
Fringe Benefits.
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent or ambiguous about the
matter. OR Bureau of Labor and Industries FAQs: Fringe Benefits.
An employer may lawfully cap the vacation leave an employee can accrued over time, so
long as the employer has properly notified its employees of the vacation policy, so long as
the employer has properly notified its employees of the vacation policy. OR Bureau of Labor
and Industries FAQs: Fringe Benefits.
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as the employer has properly notified its
employees of the vacation policy and gives then a reasonable opportunity to use their
vacation leave before it is lost. OR Bureau of Labor and Industries FAQs: Fringe Benefits.
In Oregon, employers are not required to provide employees with vacation benefits, either
paid or unpaid. OR Bureau of Labor and Industries FAQs: Fringe Benefits. If an employer
chooses to provide such benefits, it must comply with the terms of its established policy or
employment contract. OR Bureau of Labor FAQs; See Wyss v. Inskeep, 73 Ore. App. 661,
699 P.2d 1161 (1985); Henderson-Rubio v. The May Department Stores Company, 53 Ore.
App. 575, 632 P.2d 1289 (1981).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. OR Bureau of
Labor and Industries FAQs: Fringe Benefits.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they are
terminated or fail to comply with specific requirements, such as giving two weeks notice or
being employed as of a specific date of the year. OR Bureau of Labor and Industries FAQs:
Fringe Benefits; See Wheeler v. Mission Electric & Plumbing Supply, Inc., 267 Ore. 209,
515 P.2d 1323 (Ore. Sup. Ct. 1973).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. OR Bureau of Labor and Industries FAQs:
Fringe Benefits.
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent or ambiguous about the
matter. OR Bureau of Labor and Industries FAQs: Fringe Benefits.
An employer may lawfully cap the vacation leave an employee can accrued over time, so
long as the employer has properly notified its employees of the vacation policy, so long as
the employer has properly notified its employees of the vacation policy. OR Bureau of Labor
and Industries FAQs: Fringe Benefits.
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as the employer has properly notified its
employees of the vacation policy and gives then a reasonable opportunity to use their
vacation leave before it is lost. OR Bureau of Labor and Industries FAQs: Fringe Benefits.
Severance
Oregon law does not require employers to provide employees with severance benefits. If
an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Oregon law does not require employers to provide employees with severance benefits. If
an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Oregon law does not require employers to provide employees with either paid or unpaid
holiday leave. OR Bureau of Labor and Industries FAQs: Fringe Benefits. In Oregon, an
employer can require an employee to work holidays. An employer does not have to pay an
employee premium pay, such as 1 1/2 times the regular rate, for working on holidays,
unless such time worked qualifies the employee for overtime under standard overtime
laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply
with the terms of its established policy or employment contract.
Oregon law does not require employers to provide employees with either paid or unpaid
holiday leave. OR Bureau of Labor and Industries FAQs: Fringe Benefits. In Oregon, an
employer can require an employee to work holidays. An employer does not have to pay an
employee premium pay, such as 1 1/2 times the regular rate, for working on holidays,
unless such time worked qualifies the employee for overtime under standard overtime
laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply
with the terms of its established policy or employment contract.
Minimum Wage
Oregon's current minimum wage is $7.95. OR Bureau of Labor FAQs: Minimum Wage.
Some exceptions apply to Oregon's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Oregon, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Oregon's current minimum wage is $7.95. OR Bureau of Labor FAQs: Minimum Wage.
Some exceptions apply to Oregon's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Oregon, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
Oregon requires an employer to pay overtime to employees, unless otherwise exempt, at
the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of
40 hours in a workweek. OR Bureau of Labor FAQs: Overtime. See FLSA: Overtime for
more information regarding overtime requirements.
Oregon requires an employer to pay overtime to employees, unless otherwise exempt, at
the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of
40 hours in a workweek. OR Bureau of Labor FAQs: Overtime. See FLSA: Overtime for
more information regarding overtime requirements.
Sick Leave
Oregon law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. OR Bureau of Labor and
Industries FAQs: Fringe Benefits.
An employer in Oregon may be required to provide an employee unpaid sick leave in
accordance with Oregon's Family Leave Act and the Family and Medical Leave Act or other
federal laws.
Oregon law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. OR Bureau of Labor and
Industries FAQs: Fringe Benefits.
An employer in Oregon may be required to provide an employee unpaid sick leave in
accordance with Oregon's Family Leave Act and the Family and Medical Leave Act or other
federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
Oregon Stat. 10.061
An employer may not discharge, threaten to discharge, intimidate, or coerce any employee
by reason of the employee’s service or scheduled service as a juror.
Oregon Stat. 10.090
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
Oregon Stat. 10.061
An employer may not discharge, threaten to discharge, intimidate, or coerce any employee
by reason of the employee’s service or scheduled service as a juror.
Oregon Stat. 10.090
