Oregon rest between shifts: the 10-hour rule and time and a half
ORS 653.442: unless the employee requests or consents, an Oregon employer covered by the predictive scheduling law may not schedule or require work in the first 10 hours after the end of the previous calendar day's shift (or a shift that spanned two calendar days). Every hour or part of an hour worked in that window is paid at one and one-half times the regular rate, consent or not.
Open the rest between shifts calculator
Four pairs at $20 an hour
| Pair | Rest | Hours inside | Paid at | Extra |
|---|---|---|---|---|
| Close 11 PM, open 7 AM | 8 h | 2 h | $60.00 | $20.00 |
| Shift over midnight (10 PM-2 AM), open 10 AM | 8 h | 2 h | $60.00 | $20.00 |
| Close 11 PM, open 9 AM, the night clocks go forward | 9 h | 1 h | $30.00 | $10.00 |
| Two shifts the same day (6-10 AM, 4-10 PM) | 6 h | not counted | — | $0.00 |
- The window runs 10 hours from the end of the previous shift. After an 11 PM close it ends at 9 AM, so a 7 AM start has 2 hours inside: $60.00 at time and a half, $20.00 more than straight time.
- A shift that ends at 2 AM started the day before, so the window runs to noon: a 10 AM start has 2 h inside.
- On Sun 03/08 the clocks go forward: 11 PM to 9 AM is 9 h of real rest, so 1 h is inside.
- Two shifts inside one calendar day are not counted by ORS 653.442: the rest period follows the previous calendar day's shift.
Checking a whole schedule
Load your timecard export in the timecard audit with Oregon selected: every pair per employee, the hours inside the window and the premium per pay period. The statute text and coverage: Oregon clopening law (ORS 2025 edition, read 2026-09-30).
Frequently asked questions
- What is the right to rest law in Oregon?
- ORS 653.442: 10 hours of rest after the previous day's shift or a shift that spanned two days; hours worked inside that window are paid at time and a half, even when the employee asked for or agreed to them.
- Who is covered by Oregon's predictive scheduling law?
- Employees of retail (NAICS 44-45), hotel and motel (721110, 721120) and food services (722) employers with 500 or more employees worldwide, counting chains and integrated enterprises. Salaried exempt employees, leased workers and contractors' staff are not covered.
- Is the whole next shift paid at time and a half?
- No, only the hours inside the 10-hour window. A 7 AM start after an 11 PM close has 2 hours inside (7 to 9 AM).
- Does an on-call shift count?
- Yes. The rest window follows the end of a work shift or an on-call shift.
More guides
- NYC clopening premium: the $100 fast-food rule explained
New York City's fast-food rule: fewer than 11 hours between a close and the next shift costs $100 per instance, consent or not. Examples, clock changes included.
- Is clopening illegal? Rest-between-shifts laws by city
Where a close-then-open shift pair costs a premium: rest hours, premium formula and coverage for NYC, Oregon, Seattle, Chicago, Philadelphia, LA and more.
- The 11-hour rule between shifts: which cities use it
New York City fast food, Emeryville and Evanston require 11 hours between shifts; the others use 10 or 9. The rest windows side by side, with a worked pair.
- How to audit your timecards for clopening premiums
Export punches, join meal breaks, sort per employee, measure each gap in real hours and apply the local formula: the audit step by step on a sample week.
Last updated 2026-09-30. Applies the rest-between-shifts rules of the jurisdiction you choose to the shifts you load. Coverage depends on your industry and size — check with the city or state labor office. Not legal advice. Not affiliated with any city or state agency.