Can an employee opt out of a required lunch break by signing a formal document?
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Can an employee opt out of a required lunch break by signing a formal document?
If an employee works 6 hr or more, a lunch is then required by law. Is the employee able to opt out of taking this lunch break if they deem it would interrupt their work performance and quality of work? Is this possibly by the company providing a form they can sign with any specific details to support their choice?
We have over 10 employees and at times our employees may also work a swing shift or night shift where they desire to push though work to get done as soon as possible to either get home or simply go to bed.
Asked on July 15, 2019 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unfortunately, your non-exempt employees cannot waive their lunch/meal break unless 1) there is a union contract (collective bargaining agreement) which modifies what they get for a break, or 2) they are tipped food and beverage servers.
If they are exempt (from overtime) they are not required to get a break.
Here's a link to a helpful OR government webpage on the subject: https://www.oregon.gov/boli/ta/pages/t_faq_meal_and_rest_period_rules.aspx
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