Employer Services Advisory Bulletin
Oregon Supreme Court Rules No Pay for Missed Rest Breaks
By Carol J. Bernick
[May 2008]
In a unanimous decision the Oregon Supreme Court ruled today that when an employee does not take a required rest break as provided for by Oregon law, the employee is not entitled to bring a claim for additional wages. The decision, Gafur et al. v. Legacy Good Samaritan Hospital et al., reverses the Oregon Court of Appeals, which ruled in 2007 that a claim for wages could be brought if an employee missed a rest break. The Court cautioned that Oregon law requires employers to provide minimum rest breaks and that the Bureau of Labor & Industries (BOLI) may enforce that requirement against non-complying employers by seeking civil penalties up to $1,000 per violation or even criminal prosecution.
Davis Wright Tremaine attorneys Timothy Volpert, Carol J. Bernick and Kevin H. Kono represented Legacy throughout the case.
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This advisory is a publication of Davis Wright Tremaine LLP. Our purpose in publishing this a dvisory is to inform our clients and friends of recent legal developments. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may be given only in response to inquiries regarding particular situations.
Copyright © 2008, Davis Wright Tremaine LLP.
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