Can an employee choose to not take a break?

It's actually illegal to not take a break. You have to take breaks whether your work is busy or not. It's the law. So, yes your employer is being perfectly legal in making you take a break.

What is the law for breaks at work in North Carolina?

A number of states require employers to provide meal breaks, rest breaks or both. However, North Carolina doesn't follow this trend. Employers in North Carolina don't have to provide either rest or meal breaks.

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USLF Multistate Employment Law Handbook - Guide

Employment Law For Breaks In North Carolina

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Employment - Handbooks

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Multi-State

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US-002HB

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This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.

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It's actually illegal to not take a break. You have to take breaks whether your work is busy or not. It's the law. So, yes your employer is being perfectly legal in making you take a break.

Federal law does not require lunch or coffee breaks.

A number of states require employers to provide meal breaks, rest breaks or both. However, North Carolina doesn't follow this trend. Employers in North Carolina don't have to provide either rest or meal breaks.

Yes, you can be written up for such an offense. Your employer has wide discretion over discipline, especially of at-will employees. Moreover, employers are not required to write up all individuals or treat everyone the same.

No. If you would need to refuse a break, either the break is a legal requirement or part of company policy (so refusal would be a fireable offense). In many situations, such refusal creates liability issues for the employer.

The Occupational Safety and Health Administration (OSHA) has neither researched nor issued standards requiring that workers be permitted lunch and rest breaks in the course of their workday.

Break laws by state StateRest breakMinor break Arkansas / Required for minors under 16 working in entertainment — the duration of the break is up to the employer. California A 10-min rest period for every 4 hours worked. Adult break regulations apply. Colorado A 10-min rest period for every 4 hours worked. / Connecticut / /47 more rows

Under federal and NC labor laws, rest breaks are not required in the workplace. However, any rest breaks you receive that are 20 minutes or less are compensable under federal law. And any rest breaks you receive under 30 minutes are compensable under state law.

Generally speaking, yes an employer may require that their employees take breaks, even if they are not required to provide them under the law; there is nothing in the law that would prevent them from doing so.

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The North Carolina Wage and Hour Act does not require mandatory rest breaks or meal breaks for employees 16 years of age or older. Neither federal nor North Carolina labor laws require employers to give employees rest or meal breaks if they are over the age of 16.North Carolina employers aren't legally required to give lunch breaks or rest breaks. By Lisa Guerin, J.D. UC Berkeley School of Law. North Carolina law does not require mandatory meal breaks or rest breaks for employees who are age 16 or older. Employers in North Carolina are not required to provide rest breaks or meal breaks for employees aged 16 and older. Employees under 16 years are required to receive a 30minute break after every five hours of work. Workers have a right to at least a 30minute meal break or each 6 hours worked in a calendar day. Employers must provide a minimum 30-minute break after any period of five consecutive hours of work. State law mandates that employees under 16 be given a 30 minute meal break if they have worked five hours or more.

Employment Law For Breaks In North Carolina

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Do breaks have to be scheduled?

Can an employee choose to not take a break?

Is there a federal requirement for lunch breaks?

What is the law for breaks at work in North Carolina?

Can you get written up for not taking a break?

Can I be fired for not taking a break?

Is it an OSHA violation to not take a lunch break?

What states require employee breaks?

Does NC require employers to give breaks?

Can my employer make me take a break?

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