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Oregon Rest Break Requirements

active

Oregon requires employers to provide a paid 10-minute rest break for every 4 hours worked, or major fraction thereof. Rest breaks must be continuous and uninterrupted, and should be scheduled approximately in the middle of each 4-hour work segment. Rest breaks are compensated as time worked.

Jurisdiction
OR (state)
Law Type
Rest Breaks
Status
active
Citation
ORS 653.261
Regulatory Citation
OAR 839-020-0050
Effective Date
1967-01-01
Last Amended
2023-01-01
Last Verified
2026-01-15
Record Updated
2026-01-15

Applicability

Employer Size
1+ employees
Employee Types
non-exempt
Age Groups
adult, 16-17, 14-15

Requirements

Rest Break Duration Minutes
10
Hours Worked Per Break
4
Major Fraction Applies
Yes
Major Fraction Definition
A 'major fraction' of 4 hours is any period greater than 2 hours. An employee working more than 6 hours is entitled to 2 rest breaks.
Paid
Yes
Continuous And Uninterrupted
Yes
Timing
Rest breaks must be scheduled approximately in the middle of each 4-hour work segment.
Break Schedule Examples
2 To 6 Hour Shift
1
6 To 10 Hour Shift
2
10 To 14 Hour Shift
3
14 To 18 Hour Shift
4
Cannot Be Waived
Yes
Cannot Be Combined With Meal Break
Yes
Cannot Be Used To Shorten Shift
Yes
Employer Must Provide
Yes
Note
Rest breaks must be continuous and uninterrupted. An employer cannot split a 10-minute rest break into two 5-minute periods. The break must be taken approximately in the middle of each work segment to provide meaningful rest.

Penalties

Failure to provide required rest breaks may result in the employer owing compensation for missed breaks and potential civil penalties from the Bureau of Labor and Industries.

Statute of limitations: 2 years

Notes

Oregon's requirement that rest breaks be continuous and approximately in the middle of each 4-hour segment is more prescriptive than many states. BOLI has emphasized that employers must actively schedule and authorize rest breaks, not merely refrain from prohibiting them. The major fraction rule means employees who work slightly over a 4-hour multiple receive an additional rest break.

Sources