On Monday a case was filed in the District of Oregon by Legacy Health and a number of affiliated hospitals against the State of Oregon, state agencies, and related officials. The case is regarding the validity of Oregon state regulation OAR 839-020-0050 in light of the National Labor Relations Act (NLRA).
The complaint explains that “ORS 653.261(1)(a)(3) provides that the [Oregon Bureau of Labor & Industry (BOLI)] Commissioner may adopt rules prescribing minimum conditions of employment, including minimum meal periods and rest periods “in any occupation as may be necessary for the preservation of the health of employees.””
Specifically, the hospitals object to Part D of the statute, which states: “Timing of the meal period: If the work period is seven hours or less, the meal period is to be taken after the conclusion of the second hour worked and completed prior to the commencement of the fifth hour worked. If the work period is more than seven hours, the meal period is to be taken after the conclusion of the third hour worked and completed prior to the commencement of the sixth hour worked.”
The hospitals note that the affected employees work 12 hour shifts and the requirement that the meal period be before the 6th hour of work can result in a long period after that time where the employee cannot chose to consumer their meal. This is exacerbated by the requirements for nursing that not all employees take their meal break at the same time, resulting in an large number of employees consuming their meal even earlier and resulting in an even longer meal free period. The plaintiffs argue that the current timing of the meals has been preempted by the federal regulations and the defendants efforts are unconstitutional.
The plaintiffs also received penalties for accommodating their staff in violation of the requirements for meal timing. The penalties are waived for unionized hospitals, but were exerted to their maximum for the plaintiffs, which the plaintiffs argue is a violation of their First Amendment rights.
Plaintiffs are suing for declaratory judgment as to the invalidity of the current hourly requirements, and for violation of the equal protection clause and the first amendment. The plaintiffs are represented by Barran Liebmen LLP.
