Update on Oregon State Rest Break Right of Private Action

[Shane Connors]

"Although the Oregon Bureau of Labor and Industries (BOLI) has promulgated regulations which require every Oregon employer to provide employees ten-minute rest periods for every segment of four hours of work, the Oregon Supreme Court has held that a violation of BOLI's rest period regulations does not give rise to a private right of action for unpaid wages. Gafur v. Legacy Good Samaritan Hosp. & Med. Ctr., __ P.3d __ (May 15, 2008). While Oregon employers should remain vigilant in ensuring employees are provided mandatory rest breaks, the Supreme Court's decision all but forecloses the prospect of class action litigation based on rest period violations.

Read the full article here http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1384

[Susan Christian]

Yes, I think it's about 1 hr ahead, hows the new job?

[Shane Connors]

Way cool (OMG the resources!!!!)...but if I was any busier they'd have to beat me with a stick. Gimme a ring sometimes.

[Cheryl Nickerson]

This is good news for employers as it eliminates the risk of large wage claims due to rest break violations. However, as is stated in the article civil penalites of up to $1,000 for each rest break violation that is confimed through BOLI's administrative process.