My question involves labor and employment law for the state of: Oregon:
I am working part time in a retail company in the state of Oregon and the issue is that I (and this also applies to my coworkers, although I'm not speaking for them) have read Oregon law as stating anyone who works over 6hrs and one minute to 10hrs, must take 2 break and one meal period.
But the company that I am working for will have me stay past my scheduled hours (up to 9 hours in total,) with only one break period.
I realize this is violation of state law, but the job in question has employees that "need" their position, and even seemed ignorant that the law required them to give us meal and rest periods (attrition is high, for their Management and employees....I just had a coworker quit after a month), and I only ask for some direction here, because the state law (below) seems to indicate that I work in retail, so there is an exception (please clarify if that's true).
An employer is not required to provide a rest period to an employee when all of the following conditions are met:
The employee is 18 years of age or older;
The employee works less than five hours in any period of 16 continuous hours;
The employee is working alone;
The employee is employed in a retail or service establishment, i.e., a place where goods and services are sold to the general public, not for resale; and
The employee is allowed to leave the employee’s assigned station when the employee must use the restroom facilities.
So if they have me scheduled to work 5 1/2 hours and provide me ONE break, but I work up to 9 hours without any further rest periods (incidentally, if we ask for a break, they say yes, reluctantly...but if we say nothing, guess what? neither do they...and that's still a second break), is this a blatant violation I can stop them from doing?
If anyone has legal advice or needs more details, please ask, or share.