What You Need to Know About Meal and Rest Breaks in North Carolina
Employers commonly offer meal and rest breaks to their employees. Here are some frequently asked questions about meal and rest breaks in North Carolina.
Federal and state laws do not require North Carolina employers to provide meal and rest breaks to employees above 16. While short breaks are considered compensable time, employers offering meal and rest breaks do not have to pay employees for breaks of at least 30 minutes. When an employer doesn’t pay a compensable break, the employee may file a claim with the North Carolina Department of Labor, US Department of Labor, or civil courts.
Does federal law require North Carolina employers to provide meal and rest breaks?
No, the federal Fair Labor Standards Act does not regulate meal and rest breaks, meaning employers may voluntarily offer meal and rest breaks or lawfully refuse to provide them under federal law.
Does North Carolina law require employers to provide meal and rest breaks?
No—the North Carolina Wage and Hour Act does not require employers to provide meal and rest breaks to employees above 16. Under state law, employers may offer meal and rest breaks as a company policy, but they may lawfully choose not to provide them.
Are younger employees entitled to meal and rest breaks in North Carolina?
Yes, the North Carolina Wage and Hour Act only provides meal and rest breaks for employees under 16. Employers must provide them with a break of at least 30 minutes after five hours of work.
Are employees paid during meal and rest breaks in North Carolina?
Federal law distinguishes between short breaks running from five to twenty minutes and longer breaks of at least 30 minutes.
Most employers provide their employees with short breaks to improve worker efficiency. Under the Code of Federal Regulation §785.18, employers must pay employees during short breaks lasting less than 20 minutes.
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However, under the Code of Federal Regulations §785.19, employers do not have an obligation to pay their employees during “bona fide” meal breaks lasting at least 30 minutes. Employees may deduct any time spent on such breaks from an employee’s pay.
When does a break qualify as a “bona fide” meal period?
A break qualifies as a “bona fide” meal period and thus isn’t compensable working time under federal law if:
1. the employee has sufficient time (at least 30 minutes) to eat their meal;
2. the employer completely relieves the employee of their work duties during that period.
When is an employee completely relieved of duty?
Under federal law, an employee is completely relieved of duty if they do not perform any active or inactive work-related tasks during a break. As such, the law does not consider a receptionist eating at their desk while taking calls to be relieved of duty.
Are North Carolina employees paid if they work through their lunch?
An employee working through their lunch is not relieved of duty, meaning their lunchtime does not qualify as a “bona fide” meal period but as compensable working time.
Under federal law, employers must pay employees for all hours worked. As such, employers must pay their employees who work through their lunch, even if they designate this period as a “break.”
Can North Carolina employers forbid employees from leaving the premises during meal and rest breaks?
Yes, in North Carolina, employers may lawfully require employees to stay on the company’s premises during their meal and rest breaks.
However, while remaining on the premises, employees on a break cannot perform any work-related tasks. Otherwise, their employer must pay them.
Can employees request a meal and rest break for health reasons in North Carolina?
Under the federal Americans with Disabilities Act (ADA), employers cannot discriminate against disabled employees, who may request “reasonable accommodations” related to their disability. Employers must provide these accommodations unless they cause “undue hardship” to the business.
The ADA defines a disability as any health condition that “substantially impairs one or more major life activities.” If an employee’s illness qualifies under this definition, they may request a reasonable accommodation from their employer due to health reasons. The accommodation may include additional rest breaks, for instance, if an employee needs to take medication or monitor their health regularly.
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How can North Carolina employees file a complaint in case of unpaid breaks?
Employers sometimes deduct break time from an employee’s time even if the break constitutes compensable time under federal and state laws. This situation may arise if employers don’t pay their employees for short breaks or lunch time while working.
In this case, employees have three alternative options:
1. they may file a Wage Complaint with the North Carolina Department of Labor;
2. they may file a complaint with the Wage and Hour Division of the US Department of Labor;
3. they may file a private lawsuit.
What is the statute of limitations for unpaid wage claims in North Carolina?
In North Carolina, the statute of limitations for filing an unpaid wage lawsuit is two years.
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