Oregon Meal and Rest Periods
Employers are generally required to provide paid rest periods for every four hours (or better part thereof) an employee works. If the employer deducts time spent during the rest periods, the employee likely has a wage claim to collect the wages.
Oregon Meal (Lunch) Periods:
Meal periods: Meal periods (lunch) generally are 30 to 60 minutes in length. Where the meal period (lunch) is taken, the employee need not be paid. However, if the meal period is interrupted, the employer likely must pay the full meal period (lunch). For example, employee is sent on a 30 minute lunch. After being on lunch for 20 minutes, the store gets busy and the employee comes back to work. Thus, the employee works 10 minutes of the 30 minute meal period (lunch). The easy part to understand, is that the employee is due 10 minutes of wages for the time they work during their meal period (lunch). While some employers do not pay the 10 minutes, many do. Where more employers mess up is that they likely must pay the full 30 minute meal period (lunch). The work performed during the lunch is no different than any other work. Thus, the employer must also include the lunch wages in their calculation for overtime and minimum wage.
Oregon Meal (Lunch) Penalties
Oregon meal/lunch period laws not only require payment of wages for short meal periods, they may also require payment of a civil penalty. The civil penalty could equal up to 30 days of wages. It is calculated by multiplying the regular hourly rate, by 8 hours per day, for each day the lunch wages were not paid, for a maximum of 30 days. In the case of an employee making $15 per hour, the maximum penalty could be $3,600. ($15 * 8 * 30 = $3,600).
Wage Claim Attorneys
The lawyers at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our attorneys regularly prosecute Oregon wage claim lawsuits for employees who were not timely paid their final wages. In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the wage claim lawsuit. This allows the attorneys at Schuck Law, LLC to take most wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our attorneys only get paid their attorney fees if they recover wages for you.
The lawyers at Schuck Law, LLC prosecute Oregon overtime wage claims throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Bend, Clackamas, Coos Bay, Grants Pass, Hillsboro, Hood River, Klamath Falls, Lincoln City, Madras, McMinnville, Medford, Portland, Sandy, St. Helens, and Tillamook.
Google By David Schuck