Employment Law Blog

News, trends and analysis in employment law and HR

Jun 23, 2010

OREGON: BOLI finalizes meal period and overtime rules

Wage and Hour 

The Oregon Bureau of Labor and Industries (BOLI) has finalized its recent proposals on clarifications to the rules on meal periods and overtime. The final rules contain three main changes:

 

  • Employees who don’t get 30 continuous minutes for a meal period must be paid for the entire 30-minute meal period. This is a clarification of existing policy. Vigilant warned in written comments that the new language could have the unintended consequence of requiring employers not merely to pay for the actual meal period, but to pay for a guaranteed 30 minutes of meal time on top of the actual hours worked. Although BOLI stuck with its proposal, the head of the wage and hour division confirmed in a subsequent email that BOLI would only require the employer to pay for the actual time worked.
  • Employers have the option to pay exempt computer professionals at the salaried equivalent of the minimum hourly rate of $27.63.
  • Workers who provide companionship services for the elderly or infirm are exempt from minimum wage and overtime, even if they are employed by a third party. 

If you have questions, contact your Vigilant staff representative, or see our Legal Guides, “Breaks and Meal Periods – Oregon” (2085) and “State Laws on the White Collar Exemptions from Overtime” (4051).

 

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