Doesn't my employer have to give me a break? The state law requires employers to provide restroom time and sufficient time to eat a meal. If the break is less than 20 minutes in duration, it must be counted as hours worked. Time to use the nearest restroom must be provided within each four consecutive hours of work.
For an 8-hour work shift, employees are entitled to a minimum 20-minute uninterrupted break if they work more than six hours. The break should not be taken at the beginning or end of the shift, and employees must be allowed to take it away from their workstation.
Break laws vary state to state and also depend on coverage, but yes the general rule is a 15min break if you are schedule for between 4 and 5.75hrs. 6hrs scheduled requires a 30min unpaid meal break.
Since there is no law around providing meal breaks to adult employees, the ability to waive an employer-offered break would depend on company policy.
However, a common guideline is as follows: Short Breaks: Employees typically receive a 10-15 minute break for every 4 hours worked. For a 6-hour shift, it is reasonable to have one short break. Lunch Break: If the shift exceeds 5 hours, many companies provide a longer meal break, usually around 30 minutes to an hour.
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.
There is no limit on the number of hours the adult employee may be required to work. The decision to work employees in eight-hour shifts, 12-hour shifts, 16-hour shifts, etc., is entirely up to the employer. The decision to call an employee back in to work on a scheduled day off is entirely up to the employer.
North Carolina law does not require mandatory meal breaks or rest breaks for employees who are age 16 or older. Employees who are under the age of 16 must receive a meal break of at least 30 minutes after five hours of work. The Fair Labor Standards Act does not call for mandatory rest breaks for workers of any age.
File a complaint online. -Contact the OSH Complaint Desk by phone at 919-779-8560 or 1-800-NC-LABOR (1-800-625-2267) (in-state only). Download the OSH complaint form in PDF format, complete it and then fax, email or mail it to the OSH Complaint Desk.
It is correct that your employer has to provide you with a meal break in ance with the Employment Standard Act. It's not something that can be opt-out of except by express agreement between employee and employer.