Oregon Supreme Court Rejects Private Right of Action for Missed Rest Breaks


On May 15, 2008, in Gafur v. Legacy Good Samaritan Hospital and Medical Center, the Oregon Supreme Court ruled that no private right of action exists for missed rest periods under Oregon law. The Supreme Court's decision reversed a previous Court of Appeals decision, which approved a private right of action for missed rest periods, but denied a private right of action for missed meal periods. The Court of Appeals' denial of a private right of action for missed meal periods was not appealed to the Oregon Supreme Court.

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