Servers Can Waive Meal Breaks in Oregon

Servers Can Now Waive Meal Breaks in Oregon

Posted on 09-Mar-08 by The Timekeeper

Now, this is an interesting development! As I’ve mentioned before, under federal law, workers can’t waive their right to overtime pay. But now, according to the StatesmanJournal.com, thanks to a change in the law effective January 1, food servers in Oregon can now waive their right to a work-free mail period.

So why would anybody want to voluntarily skip a meal break? Turns out, this is something at least some tipped workers want, because it allows them to optimize their peak tip-earning periods. Huh! Who would have thought?

Anyway, as you might expect, there are conditions that must be met on the employee side. For instance, you must be a tipped food server (no cooks, busers, hosts/hostesses can apply). You must have worked for your employer at least seven days before you apply, and you must use Bureau of Labor and Industries form WH164 (signed by you and your employer) to apply.

And, naturally, there are requirements on the employer side as well. You’ll have to maintain special records covering those employees who opt to waive meal breaks. You are prohibited from coercing employees into waiving their meal periods. You must pay your employees for all meal periods where they aren’t totally relieved from duty, and you must give employees an opportunity to eat during shifts of six hours or more. So there will be none of this “you waived your meal period so no munching on the run while you’re also waiting tables” — a body’s gotta eat to keep up strength, you know.

For more info, here’s a PDF of the final rules. And if you’re a tipped food server in Oregon, here are PDFs of the form to request a meal break waiver, if you’re interested [ English | Español ]