Oregon Meal Period and Rest Break Policy
and Acknowledgement Form
It is Sodexo’s policy to comply with all state and local laws regarding meal periods and rest breaks, including
those of the State of Oregon. Therefore, Sodexo adopts the following policy applicable to its nonexempt
(hourly paid) employees who work in Oregon:
Meal Periods:

Employees who work six or more hours in a work period are required to take a 30-minute, unpaid, dutyfree meal period. If the work period is between six and seven hours, the meal period must be taken
between the second and fifth hour of work. If the work period is more than seven hours, the meal period
must be taken between the third and sixth hour of work.

Employees who work 14 or more hours are required to take an additional 30-minute, unpaid, duty-free
meal period.

Employees who work 22 or more hours are required to take a third 30-minute, unpaid, duty-free meal
period.

If the employee’s meal period is not indicated on a schedule, the employee’s supervisor shall inform the
employee of the time of the employee’s meal period.

Employees must clock or sign out and in for their meal period and shall not perform any work duties
during the meal period.

Employees must take the meal period every day and may not waive it, except as permitted by law and
approved by Human Resources.

Employees who are unable or forget to clock out or in for a meal period must notify their supervisor
immediately and record the missed punch on the Punch Exception Log, initial the entry, and have the
supervisor or manager approve the entry by initialing the missed punch.

Employees who are unable to take a meal period for any reason must notify their supervisor
immediately.

Employees who are not provided with a meal period as set forth in this Policy should contact
their supervisor, manager or Human Resources representative immediately.
Rest Breaks:

Employees are permitted to take one paid 10-minute rest break for every 4 hours worked or major
portion thereof.

Employees should take their rest break as close as possible to the middle of each 4-hour portion of
their shift.

If an employee’s rest break is not posted on a schedule, the employee’s supervisor shall inform the
employee of the time of the employee’s rest break.
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September 2013

Employees should not clock or sign out for rest breaks.

Employees shall not perform any work duties during the rest break.

Rest breaks may not be combined with other rest breaks or the employee’s meal period.

Employees who are not provided with a rest break as set forth by this Policy should contact
their supervisor, manager or Human Resources representative immediately.
If you have concerns about your meal periods or rest breaks, you can utilize Sodexo’s Promise of
Respect and Fair Treatment process or contact the Business Abuse Hotline to voice those concerns.
Compliance with Sodexo’s Oregon Meal Period and Rest Break Policy:
Employees are expected to know and comply with Sodexo’s Oregon Meal Period and Rest Break Policy.
Violations include, but are not limited to:

Failure to take meal periods or rest breaks as instructed.

Failure to report missed meal periods or rest breaks.

Failure to clock or sign out and in for meal periods.
Per the Sodexo Payment of Wages for All Hours Worked Policy, CP-217, accurate timekeeping of all work time
and meal periods is critical.
Employees who fail to comply with Sodexo’s Oregon Meal Period and Rest Break Policy will be subject to
constructive counseling, up to and including termination of employment. Employees who intentionally violate
Sodexo’s Oregon Meal Period and Rest Break Policy and/or the Payment of Wages for All Hours Worked
Policy (i.e. misrepresent time worked) are subject to immediate termination of employment.
Managers who fail to enforce and comply with the Sodexo Oregon Meal Period and Rest Break Policy will be
subject to constructive counseling, up to and including termination of employment.
Employees Covered by a Collective Bargaining Agreement:
Employees in units covered by a collective bargaining agreement shall follow the terms of the applicable
collective bargaining agreement pertaining to meal periods and/or rest breaks. If the applicable collective
bargaining agreement is silent on the subject of meal periods and/or rest breaks, then this Policy or state law
shall apply.
Employees who have any questions concerning this Policy should contact their supervisor, manager or Human
Resources representative.
Employee Acknowledgement
I acknowledge that this policy has been provided and explained to me. I understand and agree to follow this
policy.
Print Employee Name: ____________________ Employee Signature/ Date: _________________________
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September 2013
Oregon Meal Period and Rest Break Compliance
Manager Oversight and Enforcement
To comply with the Sodexo Oregon Meal Period and Rest Break Policy, managers must:

Post the Oregon Meal Period and Rest Break Policy and Acknowledgement Form where other notices to
employees are posted.

Schedule and post nonexempt employee meal periods and rest breaks.

Provide an unpaid 30-minute duty-free meal period to employees working more than six hours.
Employees working between six and seven hours must take their meal period between the second and
fifth hour of work. For work periods greater than seven hours, the meal period must be taken between the
third and sixth hour of work.

Provide an additional unpaid 30-minute duty-free meal period to an employee with a work period of 14 or
more hours and a third meal period to an employee with a work period of 22 or more hours.

Remind employees when their meal periods are scheduled. Ensure coverage is available so that
employees can take an uninterrupted 30-minute meal period.

Ensure frontline and nonexempt, administrative, technical, and professional employees clock, record or
sign out and in for their 30-minute unpaid meal periods.

Provide a 10-minute paid rest break to employees for every 4-hour work period or major portion thereof.
The rest break should be taken as close to the middle of the 4-hour work period as possible.

Ensure employees do not clock or sign out and in for rest breaks.

Remind employees of their rest breaks and encourage them to take them.

Review time records on a daily basis if possible.

Review the Oregon Meal Period and Rest Break Policy with new employees on the first day during
orientation. Have the employee sign the Employee Acknowledgement at the end and place in the
personnel file. If an employee refuses to sign the Employee Acknowledgement, sign and date the form
yourself to indicate when you provided and reviewed the policy with the employee. Note on the document
the employee’s refusal to sign and place in the employee’s personnel file.

Review the requirements of the Oregon Meal Period and Rest Break Policy with existing employees on a
regular basis.

Enforce the policy. Hold employees accountable for taking their meal periods as required. Promptly take
disciplinary action according to the Constructive Counseling process or the disciplinary procedures
provided in the applicable collective bargaining agreement. Always act consistently.
Sodexo relies on its managers to ensure it complies with Oregon’s meal period and rest break requirements. Accordingly,
managers who fail to comply with the policy will be subject to discipline up to and including termination of employment. If
you have any questions about the policy or your responsibilities, contact your HR representative.
September 2013
Oregon Meal Period and Rest Break Summary
Meal Periods
Length of
Work Period
30-minute
Meal Period
Entitlement
Up to
5 hours, 59
minutes
6 hours
to
13 hours, 59
minutes
14 hours
to
21 hours, 59
minutes
22+ hours
0
1
2
3
Rest Breaks
Length
of
Work
Period
10-minute
Rest
Break
Entitlement
10
14
2 hours 2 hours, 6 hours,
hours,
hours,
or less 1 minute 1 minute 1 minute 1 minute
to
to
to
to
6 hours 10 hours 14 hours 18 hours
0
1
2
3
4
18 hours,
1 minute
to
22 hours
22 hours,
1 minute
to
24 hours
5
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September 2013
Oregon Meal Period and Rest Break Compliance
Employee Constructive Counseling
Employees are expected to know and comply with the Sodexo Oregon Meal Period and Rest Break Policy. Violations include, but
are not limited to:



Failure to take meal periods and rest breaks as instructed
Failure to clock, record or sign out and in for meal periods
Failure to report missed meal periods and rest breaks to the supervisor or manager
Employees who unintentionally fail to comply with Sodexo’s Oregon Meal Period and Rest Break Policy will be subject to
constructive counseling as follows:




For initial violations, deliver a Written Coaching.
For second violations, deliver a Written Warning, review the policy with the employee and have the employee sign the
Oregon Meal Period and Rest Break Policy and Acknowledgement Form.
For third violations, deliver a second Written Warning, review the policy with the employee and have the employee sign the
Employee Acknowledgement again.
For fourth violations, employees may be subject to termination. Review the facts with your Human Resources
representative.
Employees who intentionally violate the Sodexo Oregon Meal Period and Rest Break Policy (for example: misrepresent time
worked) are subject to immediate termination of employment.
All Constructive Counseling Notices must be placed in the employee’s personnel file.
Template Constructive Counseling Notices are provided to assist you in documenting written coaching and written warning
actions.
If you need assistance, contact your Human Resource representative.
September 2013
OREGON MEAL PERIOD AND REST BREAK Q&A
Meal Periods
Q1. Do employees have to
punch/sign out and in for meal
periods?
A.
Absolutely. It is important documentation to
confirm employees have received their 30-minute
meal period as required by state law.
Q2. Can I require an employee
to work through her meal period if
I pay her for the time?
A.
No. The employee is entitled to a 30-minute,
duty-free meal period if the employee works six or
more hours. Additional meal periods are required
for 14 and 22 hour work periods. Any time a meal
period is missed or the employee is unable to take
the full 30 minutes, the employee must be paid for
time worked or the short meal period.
Q3.
Can I allow my employee
to waive her meal periods?
A.
No, an employee cannot legally waive her
right to receive required meal periods. There is one
exception to this requirement for tipped food and
beverage servers under certain circumstances.
The employee must serve food or beverages,
receive tips and report those tips to the employer.
The employee must be at least 18 years of age and
the employee must voluntarily request to waive his
meal period. The request to waive the meal period
must be in writing on a form provided by the Oregon
Bureau of Labor and Industries. See Resources
under the Meal Periods heading on the Oregon
State Wage and Hour Laws page.
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September 2013
Q4. Can I require an employee
to take a meal period at her
workstation?
A. No. An employee must be relieved of all work
duties during the 30-minute meal period.
Q5. Can I allow an employee
to combine one of her two 10minute rest breaks with her 30minute meal period to create a
40-minute meal period?
A.
No. To be in compliance with the law, meal
periods and rest breaks must be taken separately.
Q6. What is required if an
employee regularly scheduled to
work a 12-hour shift works extra
hours?
A.
Employees working 12 hours are entitled to
one meal period. If the employee works 14 or more
hours they will be entitled to at least one additional
meal period depending on the number of hours
worked.
Q7. I have an employee who
wants to take a meal period
outside the required timeframes.
If he is willing to put the request
in writing, is it OK?
A.
No. The employee cannot request a meal
period outside the required timeframe even if he is
willing to put it in writing.
Q8. Can I require my
employees to stay on the work
premises during their meal
periods?
A.
Yes, but employees must be completely
relieved of all duties.
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September 2013
Q9.
All my employees start at
the same time each day. Do I
have to give them their meal
period at the same time?
A.
No, employees do not have to have the
same meal period if they start their shift at the same
time. All employees’ meal periods should be
scheduled to ensure their meal periods are taken
during the required timeframe. Staggering meal
periods provides constant coverage in the unit.
Q10. Am I allowed to adjust the
schedule for meal periods from
one workday to the next, or does
the meal period schedule need to
be fixed?
A. There is no requirement that the scheduling of
meal periods be fixed. The law permits flexibility in
scheduling meal periods on a day to day basis
based on the employer's operational needs as long
as the meal periods are taken during the required
timeframes based on the length of the employee’s
work period. This is to avoid interruption in the flow
of work and to maintain continuous operations.
Q11. How do I ensure that
employees are receiving and
taking their required meal
periods?
A. Scheduling meal periods and posting the meal
period schedule helps ensure employees receive
their required meal periods. Review time records on
a daily basis if possible. If the time records reveal:
(1) no clock/sign out and/or in for the 30-minute
meal period, (2) a meal period is less than 30
minutes, (3) a meal period was started outside the
required timeframe based on the length of the
employee’s work period, or (4) a second or third
meal period, if eligible, was not taken:
1. Discuss the time record with the employee and
record the reason on the time record. Have the
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September 2013
employee sign or initial the notation on the Punch
Exception Log, the print screen of the time card, or
the Frontline Manual Timesheet.
2. If the employee states the missed, short or late
meal period occurred because of personal reasons
unrelated to work requirements proceed with (a) a
written coaching, or (b) the appropriate constructive
counseling step using the appropriate template
Constructive Counseling Notice. Attach a copy of
the time record with reason to the Constructive
Counseling Notice.
Remind the employee of the obligation to take
meal periods according to Sodexo’s Oregon Meal
Period and Rest Break Policy and review the policy
with the employee again.
3. If the employee states that he did, in fact, take
a meal period but forgot to clock/sign out or in,
proceed with (a) a written coaching, or (b) the
appropriate constructive counseling step using the
appropriate template Constructive Counseling
Notice. Attach a copy of the time record with reason
to the Constructive Counseling Notice.
Remind the employee of the obligation to take
meal periods according to Sodexo's Oregon Meal
Period and Rest Break Policy and to clock/sign out
and in for his meal periods.
4. Ensure all Punch Exception Logs and Frontline
Manual Timesheets are maintained with other time
related records for the pay cycle.
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September 2013
Rest Breaks
Q12. Should I have my
employees punch/sign out and in
for rest breaks?
A.
No. Because rest breaks are paid, Company
policy does not require employees to punch or sign
out and in for rest breaks. Rest breaks should be
scheduled and managed on an individual basis.
Employees are attesting on the time clock or online
when approving their timecard or signing the
affirmation statement on the Frontline Manual
Timesheet that they received their meal periods and
rest breaks as required by law.
If the unit is still using Labor Management,
employees are signing the affirmation statement on
the Time Card Approval Report that they have
received their required meal periods and rest
breaks.
Q13. Can I allow an employee
to waive her 10-minute rest
break(s)?
A.
No. Employees cannot waive their 10minute rest breaks.
Q14. Can rest periods be
scheduled at any time?
A.
No. Rest breaks should be scheduled as
close as possible to the middle of each 4-hour work
period.
Q15. Can I require my
employees to stay on the work
premises during their 10-minute
rest breaks?
A.
Yes. You can require employees to stay on
the premises during their rest breaks because the
employees are being compensated for the time.
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September 2013
Q16. Can I allow an employee
to work through either or both of
her rest breaks so that she can
leave work 10-20 minutes early or
arrive at work 10-20 minutes
late?
A.
No. Working through a rest break does not
entitle an employee to arrive late or leave work
early. A rest break must be preceded and followed
by some work period during the workday.
Otherwise, it is not a rest break, but rather, merely
a means of shortening the workday. The purpose
of the rest period is to refresh workers during the
workday. This purpose would be subverted by
eliminating the rest break in exchange for a shorter
workday. The law prohibits an employer from
deducting the rest periods from the beginning or
end of the employee’s work shift. This sort of
arrangement also encourages the employee to
waive her rest break which is also not allowed by
law.
Q17. Can I allow employees to
combine their two 10-minute rest
breaks into one 20-minute rest
break?
A.
No. Combining two 10-minute rest breaks
into a 20-minute rest break is not allowed. Each
rest break is intended as a separate break.
Generally, the first 10-minute rest break precedes
the meal period in the first 4-hour work period and
the second 10-minute rest break follows the meal
period in the second 4-hour work period. Rest
breaks must be taken in addition to and separately
from required meal periods.
Q18.
Can I allow an employee
to add one of his 10-minute rest
breaks to his meal period?
A.
No. The law prohibits an employer from
allowing an employee to add a rest period to a meal
period.
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September 2013
Q19. Are smokers entitled to
additional rest breaks?
A.
No. Under Oregon law rest break time is
based on one 10-minute rest break for every
segment of four hours or “major portion thereof”.
This means every two hours and one minute
through four hours.
Q20. When an employee
needs to use the restroom during
her work period does that count
as her 10-minute rest break?
A. No. The 10-minute rest break is not designed
to be exclusively for use of the restroom. Rest
breaks are intended to cover other personal needs
as well, including taking a walk or stretching, making
a personal phone call or smoking in a permitted
area. The rest break is not to be confused with or
limited to breaks taken by employees to use the
restroom. Allowing employees to use the restroom
during working hours does not meet Sodexo’s
obligation to make rest breaks available to eligible
employees.
This is not to say, of course, that you do not have
the right to reasonably limit the amount of time an
employee may be absent from her workstation. It
also does not mean that an employee who chooses
to use the restroom while on an authorized break
may extend the break time by doing so. The law
simply prohibits an employer from requiring that
employees count any separate use of the restroom
as a rest break.
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September 2013
Q 21. Can I give employees
15-minute rest breaks instead of
10-minute rest breaks?
A.
Yes. If business permits, employees would
probably appreciate a 15-minute rest break.
Providing 15-minute rest breaks ensures employees
are receiving at least the required 10-minute rest
breaks even if they return a couple of minutes early
from their break.
Q22. Am I allowed to adjust the
schedule of rest breaks from one
workday to the next, or does the
schedule need to be fixed?
A.
There is no requirement that the scheduling
of rest breaks be fixed. The law permits flexibility in
scheduling rest breaks on a day-to-day basis based
on the employer’s operational needs This is to avoid
interruption in the flow of work and to maintain
continuous operations. Keep in mind the rest break
should be taken as close as possible to the middle
of each 4-hour work segment or major portion
thereof.
Meal Periods and Rest Breaks
Q23. How does the policy apply
to employees who are scheduled
for split shifts?
A.
Employees working a split shift are entitled
to the meal periods and rest breaks based on the
number of hours in each individual work shift. For
example, if an employee works four hours in the
morning and another four hours in the late
afternoon, the employee would be entitled to an
uninterrupted 10-minute rest break during the
morning work period and another one during the
afternoon work period.
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September 2013
Q24. What are employees
entitled to if they work 12-hour
shifts?
A.
Employees who work 12 hour shifts are
entitled to one 30-minute meal period and at least
three 10-minute rest breaks. The meal period is to
be taken between the third and sixth hour of work.
Q25. I have employees that
sometimes work a double shift to
cover for someone’s absence.
To what are they entitled?
A.
It will depend on the length of the
employee’s double shift. Employees who work 14
hours or more are entitled to two 30-minute meal
periods unless they work 22 or more hours, then it is
three meal periods. The employee is entitled to at
least four 10-minute rest breaks if they work more
than 14 hours. Additional rest breaks are required
for shifts greater than 18 hours based on one 10minute rest break for each 4-hour segment or major
portion thereof in the double shift.
Employee Relations
Q.26. What do I do if an
employee refuses to sign the
Employee Acknowledgement on
the Sodexo Oregon Meal Period
and Rest Break Policy?
A.
If an employee refuses to sign the Employee
Acknowledgement, simply sign and date the
Employee Acknowledgement yourself to indicate
the date you provided and reviewed the policy with
the employee. Note the employee’s refusal to sign
and place it in the employee’s personnel file. You
should remind the employee, however, that failure
to follow the Oregon Meal Period and Rest Break
Policy is grounds for constructive counseling, up to
and including termination, and the employee’s
refusal to sign the Employee Acknowledgement
does not excuse him or her from that obligation.
9
September 2013
Q27. What do I tell employees
who have questions about past
failure to provide the meal
periods or rest breaks outlined in
the Oregon Meal Period and Rest
Break Policy?
A.
If employees seek additional information
about the reason for the Employee
Acknowledgement or if they raise specific
complaints about past practices, please tell them to
contact their Human Resources representative
directly and provide the employee with the HR
contact information.
Miscellaneous
Q28. Does this state law and
Oregon policy apply to my Admin
Assistant and Chef (Class Code 4
positions)? They record their
time in eTIME using Hours Time
Entry View.
A.
Yes. The Oregon state law and Sodexo
policy for meal periods and rest breaks does apply
to administrative assistants and nonexempt chefs. It
applies to all nonexempt (hourly paid) employees,
not just frontline employees recording their time on
the In Touch time clocks or online using Timestamp
View or using a Labor Management time clock.
Q29. I manage client
employees. Do I post Sodexo’s
policy and have employees sign
the Employee Acknowledgement
on the policy?
A.
No, you should not post a Sodexo policy or
have the client employees sign a Sodexo employee
acknowledgement. Consult with the client’s Human
Resources representative to discuss what resources
they have available to educate and keep the
employees informed of Oregon state requirements.
10
September 2013
Q30. I have employees that
use pagers for their work. How
do I ensure they are not
interrupted during their meal
periods and rest breaks?
A.
Employees should be instructed to turn off or
silence their pagers, radios, beepers etc. or give
their communication devices to the manager or
another employee and log out of any work
assignment systems before the start of their meal
periods and rest breaks.
Refer to Sodexo’s CP-217 Payment of Wages for All
Hours Worked Policy for additional information.
Q31. I supervise union
employees. Do I implement this
policy in my unit?
A. You should check the collective bargaining
agreement and see what it says about meal periods
and rest breaks.
If the collective bargaining agreement specifically
provides for meal periods and rest breaks, then
follow the union contract.
If the union contract does not have a provision
covering meal periods or rest breaks, then you
should follow Sodexo’s policy. However, before
applying Sodexo’s policy or distributing the Oregon
Meal Period and Rest Break Policy and
Acknowledgement Form to employees, you must
consult with your Labor Relations representative.
Additionally, when applying Sodexo's policy, you do
not want to act contrary to any other part of the
union contract. For example, any discipline under
Sodexo’s Oregon Meal Period and Rest Break
Policy must be consistent with the disciplinary
process provided in your union contract.
Please consult your designated Labor Relations
representative for information specific to your
location.
11
September 2013
Q32. What are the
consequences if I don’t follow the
Oregon Meal Period and Rest
Break Policy?
A. A manager has the responsibility to comply
with the policy and state law. Failure to do so
creates great risk for Sodexo. Claims for violations
of Oregon meal period and rest break laws can be
very costly. Centralized data analysis may be
conducted to ensure compliance.
Managers not complying with the policy will be
subject to constructive counseling up to and
including termination of employment.
Q33. Is there a poster on meal
periods and rest breaks?
A.
No, there is no meal period and rest break
specific poster. However, the Sodexo Oregon Meal
Period and Rest Break Policy and
Acknowledgement Form and the Sodexo Meal
Period and Rest Break Summary Chart must be
posted in an area accessible to employees (i.e. on
the employee bulletin board or near the time clock).
The Policy is available in English and Spanish on
Sodexo Net.
The state required Oregon Minimum Wage poster
contains references to the state law for meal
periods and rest breaks.
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September 2013