Restaurant Association Sponsored Bill
Would Allow Servers to Work During Peak Hours, Receive
Higher Compensation
Restaurant employees have better options
for working at peak hours, if Governor Kulongoski signs
a bill that has come to his desk. Oregon's House unanimously
passed Senate Bill 403, the last step in a welcome bi-partisan
piece of legislation that gives tipped employees in restaurants
better opportunities to make more money.
Senate Bill 403 directs BOLI to allow
tipped employees the option of waiving their state mandated
meal period that often falls during the middle of high
volume activity in restaurants. Currently, any employee
who works at least six hours is required to be relieved
of all duties for a 30 minute break (paid or unpaid).
This meal period must be applied as close to the middle
of a shift as possible. For a server earning tips, the
middle of the shift is often the time that represents
the best opportunity to earn tips.
After receiving more than 100 letters
from restaurant employees asking for relief, the Oregon
Restaurant Association filed a petition for rule change
with the Bureau of Labor and industries. That proposal
was denied by BOLI last fall, however the Association
worked closely with Labor Commissioner Gardner to draft
a bill that would achieve the outcome desired while putting
limits on potential employer intimidation.
The new law would allow any tipped employee
to decide whether to waive their meal periods. It would
also require that they give the employer notification
of intent to opt back in to taking their meal period if
they choose to do so. This law only applies to tipped
employees and does not allow the waiver to be a condition
of employment or mandatory. The bill gives protection
for employee and employer alike.
Senate Bill 403 has unanimously passed both the House
and Senate, and is headed to the Governor's desk where
it is expected to be signed. The effective date of this
change will be January 1, 2008.
