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Gafur v. Legacy Good Samaritan Hosp. & Med. Ctr., __ P.3d __ (Oregon May 15, 2008)
Jackson Lewis LLP - May 19, 2008 Although the Oregon Bureau of Labor and Industries (BOLI) has promulgated regulations which require every Oregon employer to provide employees ten-minute rest periods for every segment of four hours of work, the Oregon Supreme Court has held that a violation of BOLI's rest period regulations does not give rise to a private right of action for unpaid wages. Gafur v. Legacy Good Samaritan Hosp. & Med. Ctr., __ P.3d __ (May 15, 2008). While Oregon employers should remain vigilant in ensuring employees are provided mandatory rest breaks, the Supreme Court's decision all but forecloses the prospect of class action litigation based on rest period violations.
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