The Court of Appeals of the State of Oregon recently held in Athena v. Pelican Brewing Co. that the pay required for meal periods lasting less than thirty minutes is considered a wage under Oregon law, rather than a penalty. This distinction provides for a private right of action for unpaid wages, subject to a six-year statute of limitations, and can expose employers to penalties for willful violations.

• In Athena v. Pelican Brewing Co.,the Court of Appeals of the State of Oregon held that the pay required under Oregon law for meal periods lasting less than thirty minutes is considered a wage, as opposed to a penalty.
• Because the court considered the pay for a shortened meal period to be a wage under Oregon law, the court also found that employees have a private right of action to recover wages based on shortened meal periods, subject to a six-year statute of limitations, and employers may be liable for civil penalties for willful violations.

Oregon employers are required to provide unpaid, uninterrupted meal periods of at least thirty minutes to nonexempt employees who work six or more hours in one work period. Employees must be relieved of all duties during the meal period, otherwise, the employer must pay the employee for the entire thirty-minute meal period.

In this case, former hourly employees of Pelican Brewing Co. and Kiwanda Hospitality Group, Ltd., brought a class action wage and hour case seeking compensation for meal periods lasting less than thirty minutes....

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