North Carolina law does not require mandatory meal breaks or breaks for employees 16 years of age or older. Employees under the age of 16 must be given a meal break of at least 30 minutes after five hours of work. The Fair Labour Standards Act does not require mandatory rest periods for workers of all ages. However, many employers offer short breaks and/or unpaid meal breaks to hourly employees whose shifts exceed a certain length. North Carolina laws allow your employer to require you to stay on the premises during your unpaid lunch break. However, your supervisor must relieve you completely of all work-related tasks. If he does not exempt you from any type of work during this break, he is legally obliged to pay you for your time. This often becomes a problem when employers require employees to stay on site for a meal. It`s hard to stay in your workspace and not be “on call” or work commitments interrupt your break. Even sitting at a desk and reading emails requires compensation. Many employers have become accustomed to asking employees to look at monitors, answer the phone, or perform other tasks while eating off the clock. It is illegal. You must receive remuneration for this work.
4/ California law also exempts construction workers, commercial drivers, private security guards, and public service employees if the workers are subject to a valid collective bargaining agreement that governs workers` wages, hours, and working conditions, and expressly provides for meal times for those employees, final and binding arbitration of disputes over the application of meal time provisions, premium rates of pay for all meals worked. Overtime and a regular hourly wage of at least 30% above the state minimum wage rate. Each hotel room attendant – those who clean or repair rooms at a hotel or other facility approved for temporary occupancy – receives a 30-minute meal each business day on which they work at least seven hours. North Carolina labor laws require employers to allow employees as young as fourteen (14) or fifteen (15) minutes to take a thirty (30) minute break if they are required to work more than five (5) hours. Statutes NC 95-25.5(e). The federal law also includes provisions on the remuneration of workers during periods of waiting, sleep and travel. Whether waiting time should be considered paid working time depends on the circumstances. 1/2 hour if the working time is more than 5 consecutive hours, not less than 2 hours and not more than 5 hours from the start of the shift. Counted as working time if the employee is required to remain on duty on the premises or on a prescribed construction site. 1/2 hour of overtime, before or during overtime, for employees who work 3 hours or more beyond the normal workday. North Carolina labor laws require an employer to pay employees overtime, unless otherwise exempted, at 11/2 times the employee`s regular wage rate for all hours worked more than 40 hours in a work week.
NC Department Workforce Solutions FAQ. For more information on overtime requirements, see the RSA: Overtime. 1/2 hour for employees who must work 6 consecutive hours or more. The lunch break should not be scheduled during or before the first hour of the scheduled work activity. Employers in North Carolina are not required to offer a break (generally ten (10) or fifteen (15) minutes) or a meal break (generally thirty (30) minutes or more) for individuals sixteen (16) years of age or older. However, under federal law, if an employer provides for additional breaks, they must be paid. Meal or lunch times do not have to be paid as long as the employee can do whatever they want during the meal or lunch. NC Dept. of Labor Facts. One and a half hours required to work during meals or a fraction thereof, except that any employee who is entitled to a higher rate before 26.01.17 may continue to receive this higher rate. North Carolina labor laws do not require employers to give breastfeeding mothers breaks to express their breast milk. However, the federal Fair Labor Standards Act requires certain employees to provide non-exempt breastfeeding mothers with reasonable rest periods for expressing milk for one (1) year after the birth of a child and private rooms, other than a bathroom, to express breast milk.
It excludes newspaper sellers or porters, domestic or casual work near private homes, sheltered workshops and agricultural workers. 2 If your employer doesn`t pay you, they can`t expect you to work. In other words, if you`re really on the clock, so to speak, you shouldn`t be waiting for customers, calls, or work. They should be completely relieved of their professional obligations. This is not always true if you are allowed to go home, but you are always on call. Otherwise, if you have tasks during the break, you need to get paid for it. One last interesting topic might be sleep time. An employee who must be on duty for less than 24 hours is considered “working” even if he or she is allowed to sleep for some of those hours when not employed. If an employee is on duty for more than 24 hours, a maximum sleep duration of eight hours can be deducted from the hours of work. However, this is only possible if dormitories are provided and at least five hours of uninterrupted sleep can be achieved by the employee. So when are you on break from work when short breaks are offered (and therefore paid) by your employer? North Carolina`s broken laws do not contain any details, but federal law does.
In addition, the NCDOL does not interpret the federal Labour Standards Act to mean that employers are required to offer mandatory meal breaks or breaks, regardless of age. However, many employers have policies regarding breaks, meal breaks and more. If an employer offers short breaks, federal law requires them to pay for them. All breaks of 20 minutes or less must be paid. For the avoidance of doubt, a retail business is an employer whose primary purpose is to sell goods to a consumer, with the consumer present at the retail establishment at the time of sale, and does not include restaurants or wholesalers. This Act applies only to employers who work in a retail business (or who own retail establishments with the same business name) with 50 or more retail employees for each business day in each of the 20 or more calendar weeks of the current calendar year or the preceding calendar year. In addition, there is no law in North Carolina requiring an employer to give its employees a smoke break or provide its employees with a place to smoke. There is a law in North Carolina that prohibits an employer from discriminating against an employee for the employee`s lawful use of legal products such as tobacco outside of work hours (N.C.G.S.