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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 advisory 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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