2017 ORS 653.077¹
Expressing milk in workplace
  • rules

(1) As used in this section:

(a) “Reasonable efforts” means efforts that do not impose an undue hardship on the operation of an employer’s business.

(b) “Undue hardship” means significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s business.

(2)(a) An employer shall provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for her child.

(b) The employee shall provide reasonable notice to the employer that the employee intends to express milk upon returning to work.

(c) Unless otherwise agreed to by the employer and the employee, the employer shall provide the employee a 30-minute rest period to express milk during each four-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period.

(d) The employee shall, if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods that are otherwise provided to the employee.

(e) If the employer is required by law or contract to provide the employee with paid rest periods, the employer shall treat the rest periods used by the employee for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods. If an employee takes unpaid rest periods, the employer may allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods. If the employee does not work to make up the amount of time used during the unpaid rest periods, the employer is not required to compensate the employee for that time.

(3) When an employer’s contribution to an employee’s health insurance is influenced by the number of hours the employee works, the employer shall treat any unpaid rest periods used by the employee to express milk as paid work time for the purpose of measuring the number of hours the employee works.

(4) An employer is not required to provide rest periods under this section if to do so would impose an undue hardship on the operation of the employer’s business.

(5)(a) An employer shall make reasonable efforts to provide a location, other than a public restroom or toilet stall, in close proximity to the employee’s work area for the employee to express milk in private.

(b) The location may include, but is not limited to:

(A) The employee’s work area if the work area meets the requirements of paragraph (a) of this subsection;

(B) A room connected to a public restroom, such as a lounge, if the room allows the employee to express milk in private; or

(C) A child care facility in close proximity to the employee’s work location where the employee can express milk in private.

(6) An employer may allow an employee to temporarily change job duties if the employee’s regular job duties do not allow her to express milk.

(7) This section applies only to an employer whose employee is expressing milk for her child 18 months of age or younger.

(8) This section applies only to employers who employ 25 or more employees in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which the rest periods are to be taken or in the year immediately preceding the year in which the rest periods are to be taken.

(9) Notwithstanding ORS 653.020 (Excluded employees) (3), this section applies to individuals engaged in administrative, executive or professional work as described in ORS 653.020 (Excluded employees) (3).

(10)(a) In addition to, and not in lieu of, any other requirement under this section, each school district board shall adopt a policy regarding breast-feeding in the workplace to accommodate an employee who needs to express milk for her child.

(b) Each policy must, at a minimum, designate a location at the school facility, other than a public restroom or toilet stall, in close proximity to the employee’s work area for the employee to express milk in private.

(c) A policy adopted under this subsection, including the designated locations where an employee may express milk, must be published in an employee handbook. In addition, a list of the designated locations must be readily available, upon request, in the central office of each school facility and in the central administrative office for each school district.

(11) The Commissioner of the Bureau of Labor and Industries shall adopt rules to implement and enforce this section. [2005 c.466 §2; 2007 c.144 §1]

Atty. Gen. Opinions

Jurisdic­tion of Wage and Hour Commission, (1974) Vol 37, p 163

Notes of Decisions

Person is employee for purposes of min­i­mum wage law if suffered or permitted to work. State ex rel Roberts v. Bomareto Ent., Inc., 153 Or App 183, 956 P2d 254 (1998), Sup Ct review denied

Chapter 653

Atty. Gen. Opinions

Wage and Hour Commission jurisdic­tion to regulate govern­mental entity’s employ­ment of mi­nors, (1979) Vol 39, p 489

1 Legislative Counsel Committee, CHAPTER 653—Minimum Wages; Employment Conditions; Minors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors653.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 653, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano653.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.