Employees Now Able to Waive Meal Periods

As of January 1, 2008, employees that receive tips and report them to their employers will have the option to waive their 30-minute mandatory meal period. This new option came under an Oregon Restaurant Association sponsored bill that was passed during the 2007 legislative session. Oregon Bureau of Labor and Industries (BOLI) has already adopted the new guidelines for the meal period waiver.

Under the new guidelines, it is entirely the employee's option to waive a meal period. That employee cannot be forced or coerced in any way into signing a waiver. The waiver can currently be offered to established employees to sign if they wish, however, meal periods will still be required until January 1, 2008. For new-hires a waiver cannot be signed until 7 days after their hire date. The 7-day waiting period is in accordance with the rule's coercion clause and is meant to prevent employees from believing that their employment status depends on them signing a waiver. After an employee has signed, a copy of the agreement should be kept on file with you.

If an employee wants a meal period after they have signed the waiver, you are required to give them a meal period. In order to receive that meal period, the employee is required to give their employer written notice 24-hours beforehand. This 24-hour notice requirement attempts to avoid any issues around scheduling that management might face.

It is important to remember that this new rule applies only to those employees that receive tips and report them to their employer. A recommended version of the waiver form can be found by selecting the link below. For any additional questions, please contact ORA at 503-682-4422.

Agreement to Waive Meal Periods – Waiver