"Undue Hardship" Notice to Employees

Regarding Meal Periods


Pursuant to OAR 839-020-0050, employers are generally required to provide their employees with meal periods of at least 30 minutes of uninterrupted time in which the employee is relieved of all duties for work periods of at least six hours.
 
This rule provides an exception to employers that can show that providing a meal period would impose an “undue hardship” on the operation of the employer’s business.  An "undue hardship" is defined by the rule at OAR 839-020-0050(4).
 
Employers claiming an undue hardship exception must still provide employees with adequate time to consume a meal, rest, and use the restroom, and employees must be paid for this time. In addition, employers must first provide notice to each employee affected by the undue hardship provision on a form prescribed by BOLI in the language used by the employer to communicate with the employee. Employers are required to retain and keep available to the commissioner a copy of the notice for the duration of the employee's employment and for no less than six months after the termination date of the employee.
 
The required notices are available online in English and Spanish or upon request from any BOLI office.
 
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