Are meal and rest breaks mandatory in North Carolina?

According to North Carolina’s Wage and Hour Act, employers in the state are not required to provide their employees with meal or rest breaks. The only employees who are required to receive a 30-minute rest period are those who are under the age of 16. If an employee is under the age of 16 and has worked five hours during a single shift, their employer is generally required to provide them with a break of at least 30 minutes.

The North Carolina Department of Labor says the law regarding 30-minute rest breaks for employees who are under the age of 16 generally only applies to “enterprises that have gross sales or receipts of less than $500,000 a year and to private non-profit organizations.”

Can an employer choose to provide their employees with rest and meal breaks?

Because the law does not require employers in North Carolina to provide employees with meal or rest breaks regardless of how long their shift runs, it is at their discretion whether they would like to allow employees to take breaks or not. If an employer does decide to allow employees to take meal and rest breaks, he/she can only deduct this time from their check if the break is at least 30 minutes long. Although an employer isn’t required to allow an employee to leave the premises for any break that is provided, this period must be uninterrupted if an employer does not wish to pay the employee for their time away from work.

In the event an employer requires that an employee answer phone calls, wait on customers, or handle any other business-related matters during their 30-minute break, they are still considered working and their employer, therefore, cannot deduct this time from their paycheck.

Other Important Information Regarding Breaks

• Breaks Under 30 Minutes

If an employer allows an employee to take a 15-minute break in between their shift, this time cannot be deducted from the employee’s paycheck. As mentioned, employers can only deduct time from an employee’s paycheck if the break is at least 30 minutes long and the employee is not required to perform any work-related duties during this time.

• Smoke Breaks

Employers in North Carolina are not required to provide employees with smoke breaks, although they do have the decision of allowing employees to take these types of breaks. While employers can set rules for when and how smoke breaks are given or if they are given at all, the law prohibits them from “discriminating against an employee for the employee’s lawful use of lawful products, such as tobacco,” during the time they are not on the clock.

When a North Carolina Employee Thinks Their Rights Have Been Violated by Their Employer

If any employee believes their employer is not treating them fairly, has deducted wages from their check for breaks they weren’t given, has subjected them to harassment, etc., they can always consult with a North Carolina employment law attorney. An employment law lawyer in NC will be able to help an employee distinguish between lawful and unlawful behavior. In the event an employee has been discriminated against or their employer has wrongfully deducted wages, USAttorneys.com can help them locate a lawyer in their city whether that be Charlotte, Durham, or any other city within the state.