Oregon Hospital Staffing - Meal and Rest Break Complaint Form - Version 1.0 |
Meal and Rest Break Complaint
Meal and rest breaks are not enforced by OHA. The Oregon Bureau of Labor & Industries (BOLI) enforces the laws related to meal and rest breaks and investigates meal and rest break complaints. As of June 1, 2025, meal and rest break complaints filed by covered employees as defined by ORS 441.760 will be processed under the enforcement provisions of ORS 653.258 by BOLI.
ORS 653.258 allows for BOLI to seek civil penalties for covered hospital staffing employees only when the authority forwards the complaint to our agency. You may still file a complaint directly with BOLI, but doing so would not allow for us to enforce the violations and seek civil penalties authorized in the statutory provisions.
BOLI's enforcement powers are subject to statutory jurisdiction limitations. Please read the following carefully and ensure it does not apply to your situation prior to filing. Failure to do so may lead to the closure of your complaint.
BOLI's enforcement powers are subject to statutory jurisdiction limitations. Please read the following carefully and ensure it does not apply to your situation prior to filing. Failure to do so may lead to the closure of your complaint.
- BOLI cannot enforce against these violations if the worker is covered by a collective bargaining agreement that "includes a monetary remedy for missed meal periods and missed rest periods." ORS 653.258(1)(a)(B). If you have questions about whether this applies to you, please contact your exclusive representative prior to filing.
- Note that the statute requires BOLI to consider the claim withdrawn if your employer "received a grievance filed by the employee or an exclusive representative (union representative) of the employee alleging the same violation as the violation alleged in a complaint" or if "the employee or the exclusive representative of the employee has filed a civil complaint against the employer alleging the same violation." ORS 653.258(4)(a), (b).
- Lastly, BOLI shall dismiss the complaint and may not take any action with respect to the complaint if you file the complaint for issues that are alleged more than 60 days ago. ORS 653.258(5).
Complaints forwarded by OHA to BOLI are subject to BOLI's disclosure rules.
BOLI's Hospital Staffing Unit is responsible for the enforcement of the alleged missed rest and meal periods for hospital staff. BOLI receives these complaints, does an initial review for any jurisdiction barriers, and drafts and emails a notice of complaint to the named hospital representatives. These notices of complaints will have the hospital staff's name, a synopsis of the alleged violations (dates, type of alleged violation, where staff worked, etc.).