No Private Right of Action for Missed Rest Periods

May, 2008


Reversing the decision of the Court of Appeals in Garfur v. Legacy Good Samaritan Hospital and Medical Center, the Oregon Supreme Court held that employees do not have a private right of action for lost wages for missed rest periods.  The Court held that Oregon’s rest and meal periods statute "requires employers to provide minimum rest breaks but violation of that requirement does not give rise to a wage claim for additional wages."

Employees can still pursue claims for violations through the Bureau of Labor and Industries.

 

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