How Many Breaks Are Required By Law In Nc?

How Many Breaks Are Required By Law In Nc
Youths under 16 years of age have to be given at least a 30-minute break after 5 hours, and no break of less than 30 minutes shall be deemed to interrupt a continuous period of work. Again, there are no required rest breaks or meal breaks at all for employees 16 years of age or older.

How long can you work in NC without a break?

Are Meal and Rest Breaks Required Under Federal or North Carolina Labor Laws? – 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.
  • Many employers, however, do offer short breaks and/or unpaid meal breaks to hourly employees whose shift exceeds a certain length.
  • You should find information about this in your employee handbook, or from a human resources representative at your job.

If your job does not have a clear policy on rest breaks and meal breaks, we can help you understand the federal and state laws that may apply in your case and determine if your employer is withholding wages from you.

How many hours can you work legally without a break?

Rest breaks if you’re over school leaving age but under 18 – If you’re over school leaving age but under 18, you can’t usually work for more than 8 hours per day or 40 hours per week. You’re usually entitled to:

a 30 minute rest break if you work for more than 4 hours and 30 minutes in a day 12 hours rest between each working day 2 rest days per week

There are limits on the hours you can work at night if you’re over school leaving age but under 18. You can’t usually work between:

10pm and 6am – if your contract says you have to work after 10pm, you must finish by 11pm and not start again until 7am midnight – 4am

There are some exceptions, for example for people who work in hospitals, agriculture, retail work, hotels, catering, bakeries, post/newspaper deliveries or people who work in connection with cultural, artistic, sporting or advertising activities.

Are 15 minute breaks required by law in South Carolina?

Frequently Asked Questions – Q. Does your agency investigate allegations of human trafficking or human smuggling? A. No. While LLR is on the S.C. Attorney General’s Task Force related to addressing Human Trafficking, LLR is not an agency having authority for investigating or prosecuting offenses related to Human Trafficking.

If you are a victim of Human Trafficking, wish to report suspected Human Trafficking, or want to learn more about efforts in South Carolina to combat Human Trafficking, visit the following links: https://humantraffickinghotline.org/ – a national human trafficking resource center that has a 24 hour hotline to report human trafficking and connects victims to services http://www.scag.gov/human-trafficking – for more information about the efforts to combat human trafficking or to view the State Plan to address Human Trafficking) Q.

Does my employer have to provide me with breaks and time for lunch/dinner during the day? A. There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period.Q. Who do I contact if I feel as though I was terminated unfairly? A.

  1. South Carolina is an at-will state, which means that employees may be terminated for any reason, a good reason, a bad reason, or no reason.
  2. The employee may also quit for similar reasons without providing notice to employer.
  3. You will need to contact an attorney, or if you feel you were discriminated against due to race, color, age, sex, handicap or disability, national origin, and/or religion, you may contact the South Carolina Human Affairs Commission.Q.

If I quit my job, or if I am terminated, does my employer have to pay me all wages due that day? A. No. State law requires the employer to pay an employee all wages due him or her within 48 hours of the day of separation OR the next regularly-scheduled payday, not to exceed 30 days.Q.

  1. Does my employer have to provide me with paid vacation and/or sick time? A. No.
  2. State law does not require an employer to provide an employee with benefits.
  3. However, if an employer decides to do so, he must give notice of the policy to the employee, abide by the policy, and not discriminate in its administering of the policy.Q.

Upon leaving a company, am I entitled to receive pay for any vacation and/or sick time that I have earned but not used? A. It depends on the company’s policy.Q. Can my employer decrease my rate of pay? A. Yes. However, if the employer has 5 or more employees, the employee must be notified in writing at least seven calendar days in advance of the proposed decrease in pay.Q.

How old does a minor need to be before he/she can begin work in South Carolina? A. A minor can begin work at age 14. However, the child labor laws have restrictions on what type of work can be performed and limitations on hours of work.Q. What documents are needed for a minor to work in South Carolina? A.

The minor will need to provide the employer with a copy of a legal document showing his or her birth date (birth certificate or driver’s license).Q. As an employer, what posters am I required to post in the workplace? A. LLR offers its posters for a free download at: http://www.llr.sc.gov/wage/posters.aspx,

How many breaks do you get in a 6 hour shift in NC?

North Carolina Law: No Meal or Rest Breaks Required – Some states require employers to provide a meal break, rest breaks, or both. North Carolina isn’t one of them, however. Employers in North Carolina must follow the federal rules explained above. In other words, although breaks are not required, employers must pay employees for time they spend working and for shorter breaks during the day.

Is it legal to work 8 hours without a break in NC?

The North Carolina Wage and Hour Act does not require mandatory rest breaks or meal breaks for employees 16 years of age or older. The WHA requires breaks only for youths under 16 years of age. Youths under 16 years of age have to be given at least a 30-minute break after 5 hours, and no break of less than 30 minutes shall be deemed to interrupt a continuous period of work.

Again, there are no required rest breaks or meal breaks at all for employees 16 years of age or older. The North Carolina law on breaks for youths under 16 years of age generally applies only to enterprises that have gross sales or receipts of less than $500,000 a year and to private non-profit organizations.

It is our understanding that the federal Fair Labor Standards Act does not require that an employer give its employees mandatory rest breaks or meal breaks regardless of an employee’s age. Generally, if an employer does give breaks, then the break must be at least 30 minutes for the employer to be able to deduct the time from an employee’s pay.

  • An employer does not have to let its employees leave the employer’s premises as long as the employee is completely relieved of duty during the 30-minute break, and the employer does not have to provide a breakroom.
  • An example of an employee “completely relieved of duty” is one who is completely relieved from having to wait for customers to come in or to call.

Waiting for customers to come in or to call is clearly work time even if the employee is free to eat or read a magazine while they are waiting for customers or calls. Generally, breaks of less than 30 minutes, such as a 15-minute rest break, have to be paid by the employer.

  • Also, there is no North Carolina law requiring an employer to give its employees a smoke-break or to provide a place for its employees to smoke.
  • There is a North Carolina law making it illegal for an employer to discriminate against an employee for the employee’s lawful use of lawful products, such as tobacco, during non-working hours (N.C.G.S.

§95-28.2). However, it is entirely up to an employer to set its own rules for its employees during working hours concerning breaks and if its employees are allowed to smoke in its premises or not during the workday. For more information about workplace rights, please contact our toll free number at 1-800-NC-LABOR (800-625-2267).

How many hours straight can you legally work in NC?

Hours Worked and Mandatory Overtime – There are no wage and hour laws that limit the amount of hours that a person 18 years of age or older can work either by the day, week, or number of days in a row, or that require breaks for employees 16 years of age or older.

  1. An employer is free to adjust the hours of its employees regardless of what the employees are scheduled to work.
  2. For example: To avoid having to pay time and one-half overtime pay for hours worked in excess of 40 in a workweek that is Sunday through Saturday, an employer could adjust the hours of an employee who has already worked 34 hours by the end of a Thursday by requiring that the employee work only six hours on Friday and not work on Saturday at all regardless if the schedule had called for this employee to work eight hours on Friday and Saturday.

Also, this may be done regardless if the employee agreed to this or not. An employer can make the scheduling or rescheduling of its employees hours worked as a condition of employment. The rules are the same for a large corporation or a small mom-and-pop business.

Neither the N.C. Wage and Hour Act nor the federal Fair Labor Standards Act (FLSA) limit the amount of hours that an employee 18 years of age or older can be required to work either by the day, week, or number of days in a row. There are no limitations on how many hours an adult employee can be required to work regardless whether they are a salaried-exempt employee or a non-exempt employee.

The employer is only required to pay time and one-half overtime pay based on an employee’s regular rate of pay for all hours worked in excess of 40 in a workweek to its non-exempt employees. 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. An employer can make the working on a scheduled day off or working a full shift as a condition of employment regardless of an employee’s start-time or end-time.

An employer can make the working of overtime hours as a condition of employment. Since an employer can make the working of overtime mandatory, the employer can terminate an employee if the employee refuses to work overtime regardless of how many hours the employee has already worked that day or workweek.

  1. The employer does not have give its employees any advanced notice of having to work extra hours.
  2. An employer can inform its employees that they have to work overtime at the last minute.
  3. The employer does not have to take into consideration how the work schedule will affect an employee’s personal life.
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How an employee is paid depends on if the employee is non-exempt or exempt from minimum wage and/or overtime pay. An employer must pay an employee at least the minimum wage (currently $7.25 an hour under both North Carolina and federal labor laws) or pay the employee the promised rate of pay, whichever is greater, and pay time and one-half overtime pay based on the employee’s regular rate of pay for all hours worked in excess of 40 in a workweek, unless the employee is exempt for some reason.

  • The minimum wage and overtime pay are based on the hours worked each workweek and not by the number of hours worked each day or by the number of days worked regardless of the length of the pay period.
  • Each workweek stands on its own.
  • Being paid a salary does not exempt an employee from the minimum wage and/or overtime pay requirements.

If an employee is paid a salary and is not paid time and one-half overtime pay for hours worked in excess of 40 in a workweek, then a determination must be made as to if the employee is a salaried-exempt employee or not. The main categories to be a salaried-exempt employee are for executive (supervisory) employees, administrative employees, and professional employees who meet certain requirements.

  1. One of the general requirements is that the salaried-exempt employee must be paid a guaranteed salary of at least $684 a workweek (no salary test for outside sales), which would also be the promised rate of pay for the employee.
  2. It then does not matter how many hours the salaried-exempt employee works in a workweek as the guaranteed salary is pay for all hours worked in a workweek regardless of the number of hours worked.

For more details on the requirements for an employee to be a salaried-exempt employee, please review the Code of Federal Regulations (CFR) 541, which the N.C. Department of Labor has adopted. Also, the Wage and Hour Act does not require mandatory rest breaks or meal breaks for employees 16 years of age or older.

  • The only required rest breaks or meal breaks are for youths under 16 years of age.
  • Youths under 16 years of age have to be given at least a 30-minute break after five hours of consecutive hours and no break of less than 30 minutes shall be deemed to interrupt a continuous period of work.
  • Generally, it is entirely up to an employer to give or not give rest breaks and/or meal breaks to some or all of its employees who are 16 years of age or older.

An employer is not required to give its employees a smoke-break or to provide a breakroom. Please review our What to Know About Breaks fact sheet for more details.

Is NC an at will state?

North Carolina is an employment-at-will state. This means that in the absence of a contractual agreement between an employer and an employee establishing a definite term of employment, the relationship is presumed to be terminable at the will of either party without regard to the quality of performance of either party.

Do you get a 15 minute break for working 4 hours in TN?

Tennessee Law Requires Meal Breaks – A number of states follow the federal law: They don’t require meal or rest breaks, but they require employers to pay for any short breaks allowed (and to pay for all time an employee spends working, whether or not the employee is eating at the same time).

  • Tennessee law requires employers to provide a meal break, but no rest breaks.
  • In Tennessee, employers must provide a 30-minute break to employees who are scheduled to work at least six consecutive hours.
  • This break may be unpaid.
  • Employers who have at least five employees are covered by this law.
  • However, employers don’t have to provide a meal break if the employee’s work allows ample time for breaks throughout the workday.

Employees who work in food or beverage service (such as wait staff and bartenders) and receive tips may waive their right to a meal break. Employers may not coerce employees into waiving this right. However, if an employee asks to waive the meal break, knowingly and voluntarily, in writing, and the employer consents to the request, it may be waived.

Can you work 6 hours with no break?

Breaks during the working day An employee has the right to an uninterrupted break of at least 20 minutes if they work more than 6 hours in a day. The employee has the right to take this break: away from their workstation (for example, away from their desk) at a time that’s not the very start or end of the working day.

Are you entitled to a break after 6 hours?

Rest breaks at work – A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.

What is the longest hour shift you can legally work?

Answer – We could log quite a few overtime hours just talking about the ins and outs of the complex overtime regulations. But the short answers to your two questions are “yes” and “no,” respectively – at least under federal law. “Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C.

  1. § 201 and following), the federal overtime law.
  2. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
  3. It requires only that employers pay employees overtime (time and a half the worker’s regular rate of pay) for any hours over 40 that the employee works in a week.

(Some states’ laws, however, give employees more rights than the FLSA does, so check with your state department of employment or labor to be sure.) And “no,” your employer doesn’t have to pay you overtime if you work more than eight hours in a day. The federal law is interested only in weeks, not days.

What is NC minimum wage 2022?

The minimum wage in North Carolina is currently $7.25 an hour. Employers doing business in North Carolina are required to pay at least $7.25 per hour to all employees (agricultural and domestic employees are subject to the federal minimum wage). The $7.25 per hour state minimum wage also applies to the state of North Carolina, to county and local governments and to instrumentalities of government.

For employers who have “tipped employees,” employers are permitted to take a credit for a certain amount of tips earned by their employees toward the employers’ payment of the minimum wage. However, for an employer to be able to count tips as wages and take a tip credit towards the minimum wage, the law requires that tipped employees be notified in advance and be permitted to retain all tips, and requires that the employer maintains accurate and complete records of tips received by each employee and such tips must be certified by tipped employees monthly or for each pay period.

In businesses that are covered by NCDOL for minimum wage (generally businesses that make less than $500,000 in gross sales), tip pooling is permitted as long as the tipped employees retain at least 85 percent of the tips they receive, which means the employer must maintain accurate and complete records of the tips received and the amount of tips earned under the tip pooling arrangement.

  1. In North Carolina, an employer MUST pay at least $2.13 an hour to tipped employees as long as each employee receives enough in tips to make up the difference between the wages paid and the minimum wage ($7.25).
  2. Employers MUST pay more than the $2.13 hourly cash wage if the tipped employee earns less than the credit in tips per hour, as it is the employer’s responsibility to make sure that all tipped employees earn at least the minimum wage in cash wages and tips.

For more information about workplace rights, please contact our toll free number at 1-800-NC-LABOR (800-625-2267).

Is overtime mandatory in NC?

An employer must pay its employees at least the minimum wage for all hours worked, and time and one-half overtime pay based on an employee’s regular rate of pay for all hours worked in excess of 40 in a workweek unless the employee is exempt for some reason.

Currently the minimum wage in North Carolina is $7.25 an hour. The minimum wage and overtime pay are based on the hours worked each workweek and not by the number of hours worked each day or the number of days worked. Each workweek stands on its own regardless of the length of the pay periods. For purposes of overtime pay, employers of tipped employees must calculate the time and one-half overtime pay based on the employee’s regular rate of pay, which includes both the cash wage paid to the employee and the tip credit counted as wages for the employee (for a more thorough discussion on the tip credit, please see the North Carolina Minimum Wage fact sheet) to equal at least $7.25 per hour, which becomes the regular rate of pay for a tipped employee.

The following is an example of how to calculate the wages owed to a tipped employee during an overtime week: Facts: Tipped employee is paid at the minimum cash wage rate of $2.13 an hour and earns $15 an hour in tips for the week. If employee works 60 hours during the work week, how much should they be paid? Answer (1): The total compensation (straight time and overtime pay) for employee should be calculated as follows: $435 + $72.60 = $507.60.

However, since employee earned $15 an hour in tips, the employer is allowed to take a credit of $5.12 an hour for the full 60 hours of work (60 hours X $5.12 per hour = $307.20). As a result, employer should pay employee $200.40 in wages for the workweek ($507.60 – $307.20 = $200.40). Another way of computing overtime pay shown below will produce the same results: Answer (2): $290 (40 hours X $7.25 per hour) + $217.60 (20 hours X $10.88 per hour) = $507.60 gross wages $507.60 gross wages – $307.20 (60 hours X $5.12 per hour tip credit) = $200.40 cash wages NOTE: For illustrative purposes only, this example calculates the gross wages prior to taxes being withheld.

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When calculating wages owed, employers should calculate the net wages after taxes prior to making the adjustment for the tip credit allowed under the Wage and Hour Act. A private sector employer cannot give comp time to its nonexempt employees instead of paying time and one-half overtime pay based on an employee’s regular rate of pay.

  • Merely being paid a salary in itself does not exempt an employee from the minimum wage and/or overtime pay requirements.
  • If an employee is paid a guaranteed salary of at least $684 a workweek and is not paid time and one-half overtime pay for hours worked in excess of 40 in a workweek, then the employer must determine to if the employee is a salaried-exempt employee.

To make this determination, please review Code of Federal Regulation (CFR) 541, which covers exemptions for executive (supervisors/managers), administrative, professional and outside sales employees. NCDOL has adopted CFR 541. NOTE: Only governmental (public) agencies are allowed to give comp time based on one and one-half times the number of hours worked in excess of 40 in a workweek under certain conditions to its employees pursuant to the federal Fair Labor Standards Act.

  1. Please note that this has to be “time and one-half” comp time to nonexempt employees.
  2. Each workweek stands on its own regardless of the length of the pay periods.
  3. There are certain requirements that governmental employers must meet to give “time and one-half” comp time to its nonexempt employees.
  4. A governmental employer may still elect to actually pay time and one-half overtime pay based on an employee’s regular rate of pay for all hours worked in excess of 40 in a workweek to employees who are not otherwise exempt for some reason.

To review CFR 553, Application of the FLSA to Employees of State and Local Government, visit their website, (Note: The federal wage and hour rules on overtime pay for emergency type employees of public employers are also found in CFR 553. Refer to Subpart C – Fire Protection and Law Enforcement Employees of Public Agencies found in CFR 553.200 through CFR 553.233).

If the private employer’s gross sales or receipts for a year are equal to or greater than $500,000; if it is a part of a chain operation with three or more units or there are 30 or more employees; if the employer is a hospital, school, nursing home, group home for the mentally or physically disabled, or day care center; or the employer is a domestic, agricultural or governmental employer; contact the U.S. Department of Labor Wage and Hour Division office in either Charlotte at 704-749-3360, Raleigh at 919-790-2741, or visit the website, If the private employer’s gross sales or receipts for a year are less than $500,000, if you do not know the gross sales, or the employer is a private nonprofit organization, call NCDOL at 919-707-7970 in Raleigh or toll-free in North Carolina at 1-800-NC-LABOR (1-800-625-2267). Our call center is open from 8 a.m. to 5 p.m., Monday through Friday.

NCDOL can assist citizens with concerns about wage payment, which has to do with promised wages such as hourly pay at more than the minimum wage, a promised salary or shift differential pay, and promised wage benefits such as vacation pay, sick leave, severance pay, jury duty pay and holiday pay.

Are breaks required by law in Arkansas?

Wage and Hour – Q. How much time does my former employer have to pay me my final wages once my employment ends? A. If a company or corporation terminates the employee, the employee’s wages are due by the next regular payday. If the employer fails to make payment within 7 days of the next regular payday then the employer shall owe the employee double the wages due.Q.

  • What is the minimum wage? A.
  • The state minimum wage is: $9.25 per hour effective January 1, 2019 $10.00 per hour effective January 1, 2020 $11.00 per hour effective January 1, 2021 The Arkansas Minimum Wage Act covers employers with 4 or more employees.
  • Employers covered by the federal Fair Labor Standards Act (FLSA) are also covered by the Arkansas law if they have 4 or more employees.

An employer covered by both laws must pay the highest minimum wage Q. When does an employer have to pay overtime? A. An employer has to pay overtime (one and one-half times the regular rate of pay) to non-exempt employees for all hours actually worked in excess of 40 hours in a workweek.

This means that you may work more than 8 hours in a day or work more than a regularly scheduled shift, and still not exceed 40 hours of actual work in a workweek. If your employer pays you for hours not actually worked, such as for a holiday or a sick day, then those hours do not count as hours actually worked for the purpose of state and federal overtime law.Q.

Does my employer have to give me a meal break or other break? A. Neither state nor federal wage and hour laws require an employer to provide a break or a meal period. (State law does require rest breaks for children under the age of 16 employed in the entertainment industry.) Rest periods for short duration, usually 20 minutes or less, are common in industry and promote efficiency.

State and federal minimum wage and overtime laws require that these short periods be counted as hours worked and that covered employees be paid for the time. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee, however, must be completely relieved of duty during this time.

If the employee is required to perform any duties, whether active or inactive, while eating, the meal period must be compensated as work time.Q. Does my employer have to pay me for jury duty? A. Neither state nor federal law requires a non-government employer to pay wages while an employee is on jury duty.

Both state and federal law, however, protect an employee from discharge.Q. What are the rules on toilet breaks and rooms? A. OSHA has specific rules on number and access to toilets (also called water closets). These rules can be accessed at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9790 OSHA also explains more on accessibility in a 1998 interpretation at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22596 Q.

What are the requirements for a business to be covered by state wage and hour laws as opposed to federal laws? A. An employer must follow the strictest child labor laws, state or federal. To determine which law the employer of employees over the age of 17 is covered by, an employer that grosses over $500,000.00 per year or is engaged in interstate commerce is subject to both federal and state wage and hour law,

How many breaks are required by law in Oregon?

Employers must give meal and rest breaks to workers. For each 8 hour work period you get these breaks free from work responsibilities: Two 10 minute paid rest breaks. One 30 minute unpaid meal break.

How many breaks do you get in an 8 hour shift in Oklahoma?

Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector California 4 ½ hour, if work is for more than 5 hours per day, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period.

  • On-duty meal period counted as time worked and permitted only when nature of work prevents relief from all duties and there is written agreement between parties.
  • Employee may revoke agreement at any time.
  • An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.

The Industrial Welfare Commission may adopt working condition orders permitting a meal period to start after 6 hours of work if the commission determines that the order is consistent with the health and welfare of the affected employees. Administratively issued Industrial Welfare Commission Orders, and California Labor Code section 512.

  1. Uniform application to industries under 14 Orders, including agriculture and private household employment.
  2. Exempts employees in the wholesale baking industry who are subject to an Industrial Welfare Commission Wage Order and who are covered by a valid collective bargaining agreement that provides for a 35-hour workweek consisting of five 7-hour days, payment of 1 and ½ times the regular rate of pay for time worked in excess of 7 hours per day, and a rest period of not less than 10 minutes every 2 hours.

Exceptions apply to motion picture or broadcasting industries pursuant to Labor Code sections 512 and 226.7, and Industrial Welfare Commission Wage Orders 11 and 12. Colorado ½ hour if work shift exceeds 5 consecutive hours. On-duty meal period counted as time worked and permitted when nature of work prevents relief from all duties.

  • Administratively issued Wage Order for 4 industries Applicable to retail and service, food and beverage, commercial support service, and health and medical industries.
  • Exempts administrative, executive/supervisor, professional, outside sales employees, elected officials and their staff, companions, casual babysitters, and domestic employees employed by households or family members to perform duties in private residences, property managers, interstate drivers, driver helpers, loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers.

Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries.

Connecticut ½ hour at some time after first 2 hours and before last 2 hours for employees who work 7½ consecutive hours or more. Statute Excludes certain professional employees certified by the State Board of Education, and any employer who provides 30 or more total minutes of paid rest or meal periods within each 7½ hour work period.

Meal period requirement does not alter or impair collective bargaining agreement in effect on 7/1/90, or prevent a different schedule by written employer/employee agreement. Labor Commissioner is directed to exempt by regulation any employer on a finding that compliance would be adverse to public safety, or that duties of a position can be performed only by one employee, or in continuous operations under specified conditions, or that employer employs less than 5 employees on a shift at a single place of business provided the exemption applies only to employees on such shift.

Delaware ½ hour, at some time, after first 2 hours and before the last 2 hours, for employees who work 7½ consecutive hours or more. Statute Excludes certain professional employees certified by the State Board of Education, and workplaces covered by a collective bargaining agreement or other written employer/employee agreement providing otherwise.

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Exemptions may also be granted where compliance would adversely affect public safety; only one employee may perform the duties of a position, an employer has fewer than five employees on a shift at a single place of business; or where the continuous nature of an employer’s operations requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal break periods.

An administrative penalty of up to $5,000 for each violation may be assessed an employer who discharges or discriminates against an employee for complaining or providing information to the Delaware Department of Labor pursuant to a violation of this requirement. Illinois At least 20 minutes, no later than 5 hours after the start of the work period, to employees who work 7 ½ continuous hours or more.

Each hotel room attendant – those persons who clean or put guest rooms in order in a hotel or other establishment licensed for transient occupancy – shall receive one 30-minute meal period in each workday in which they work at least seven hours. Statute Excludes employees whose meal periods are established by collective bargaining.

  • Different requirements apply to employees who monitor individuals with developmental disabilities and/or mental illness and certain private employees licensed under the Emergency Medical Services Systems Act.
  • Hotel room attendant rules apply only to an establishment located in a county with a population greater than three million.

Hotel room attendants may not be required to work during a break period. Break area must be provided with adequate seating and tables in a clean and comfortable environment. Clean drinking water must be provided without charge. Employer must keep complete and accurate records of the break periods.

Entucky Reasonable off-duty period, ordinarily ½ hour but shorter period permitted under special conditions, between 3rd and 5th hour of work. Not counted as time worked. Coffee breaks and snack time not to be included in meal period. Statute and regulation Excludes employers subject to Federal Railway Labor Act.

Meal period requirement does not negate collective bargaining agreement or mutual agreement between employer and employee. Maine 30 minutes after 6 consecutive hours, except in cases of emergency. Statute Not applicable to places of employment where there are fewer than 3 employees on duty at any one time and the nature of the work allows those employees frequent paid breaks during the workday.

  1. Not applicable if collective bargaining or other written employer-employee agreement provides otherwise.
  2. Maryland 15 minute break for 4-6 consecutive hours or a 30 minute break for more than 6 consecutive hours.
  3. If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked.

Statute Applies to retail establishments. To clarify, a retail establishment is an employer whose primary purpose is to sell goods to a consumer with the consumer present in the retail establishment at the time of sale, and does not include restaurant or wholesalers.

  • This law applies only to employers who are engaged in a retail business (or who own retail establishment franchises with the same trade name) with 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
  • Employees who work in certain retail establishments are entitled to a non-working shift break depending upon the number of hours worked.

Massachusetts 30 minutes, if work is for more than 6 hours during a calendar day. Statute Excludes iron works, glass works, paper mills, letter press establishments, print works, and bleaching or dyeing works. The Attorney General may grant exemption to a factory or workshop or mechanical establishment, if in discretion of the Attorney General, it is necessary by reason of continuous process or special circumstance, including collective bargaining agreement.

Minnesota Sufficient unpaid time for employees who work 8 consecutive hours or more. Rest periods of less than 20 minutes may not be deducted from total hours worked. Statute Excludes certain agricultural and seasonal employees. Meal period requirement does not prohibit different provisions under collective bargaining agreement.

Nebraska ½ hour, off premises, for lunch in each 8-hour shift. Statute Applicable to assembly plant, workshop, or mechanical establishment, unless employee is covered by a valid collective bargaining agreement or other written agreement between an employer and employee.

  1. Nevada ½ hour, if work is for 8 continuous hours.
  2. Statute Applicable to employers of two or more employees.
  3. Excludes employees covered by collective bargaining agreement Labor Commissioner may grant exemption on employer evidence of business necessity.
  4. New Hampshire ½ hour, after 5 consecutive hours, unless feasible for employee to eat while working and is permitted to do so by employer.

Statute Applicable to any employer. New York 1 hour noon-day period Statute Factories Labor Commissioner may give written permission for shorter meal period under each standard. 30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period.

  • Statute All other establishments and occupations covered by the Labor Law.
  • An additional 20 minutes between 5 p.m.
  • And 7 p.m.
  • For those employed on a shift starting before 11 a.m.
  • And continuing after 7 p.m.
  • Statute All industries and occupations.
  • 1 hour in factories, 45 minutes in other establishments, midway in shift, for those employed more than a 6-hour period starting between 1 p.m.

and 6 a.m. Statue See basic standard North Dakota ½ hour, if desired, on each shift exceeding 5 hours. Administratively issued Minimum Wage and Work Conditions Order. Applicable when two or more employees are on duty. Collective bargaining agreement takes precedence over meal period requirement.

Employees who are completely relieved of their duties do not have to be paid. Oregon ½ hour, with relief from all duty, for each work period of 6 to 8 hours, between 2nd and 5th hour for work period of 7 hours or less and between 3rd and 6th hour for work period over 7 hours; or, less than ½ hour but not less than 20 minutes, with pay, with relief from all duty, where employer can show that such a paid meal period is industry practice or custom; or, where employer can show that nature of work prevents relief from all duty, an eating period with pay while on duty for each period of 6 to 8 hours.

Administrative Applicable to every employer, except employees covered by collective bargaining agreement. In absence of regularly scheduled meal periods, it is sufficient compliance when employer can show that the employee has, in fact, received the time specified (permitted only where employer can show that ordinary nature of the work prevents employer from establishing and maintaining a regularly scheduled meal period).

  1. Rhode Island All employees are entitled to a 20 minute mealtime within a six hour work shift, and a 30 minute mealtime within an eight hour work shift.
  2. Statute Uniform application to all employees except to an employer of a licensed health care facility or an employer who employs less than three people on any shift at the worksite.

Tennessee ½ hour for employees scheduled to work 6 consecutive hours or more. The meal break shall not be scheduled during or before the first hour of scheduled work activity. Statute Applicable to every employer, except in workplace environments that by their nature of business provide ample opportunity to take an appropriate meal break.

  1. An employer may waive the right to a thirty-minute unpaid meal break pursuant to the voluntary written request of an employee who is principally employed in the service of food or beverages to customers and who, in the course of such employment, receives tips and reports the tips to the employer.
  2. Vermont Employees are to be given “reasonable opportunities” during work periods to eat and use toilet facilities in order to protect the health and hygiene of the employee.

21V.S.A. Section 304 Universal application Washington ½ hour, if work period is more than 5 consecutive hours, to be given not less than 2 hours nor more than 5 hours from beginning of shift. Counted as worktime if employee is required to remain on duty on premises or at a prescribed worksite.

  1. Additional ½ hour, before or during overtime, for employees working 3 or more hours beyond regular workday.
  2. No employee shall be required to work more than five consecutive hours without a meal period.
  3. Administrative regulation Excludes newspaper vendor or carrier, domestic or casual labor around private residence, sheltered workshop, and agricultural labor.2 Rules for construction trade employees may be superseded by a collective bargaining agreement covering such employees if the terms of the agreement specifically require meal periods and prescribe requirements concerning them.

Director of Labor and Industries may grant variance for good cause, upon employer application. West Virginia 20 minutes for employees who work 6 hours or more in a workday. Statute Applicable to every employer. Meal period is required where employees are not afforded necessary breaks and/or permitted to eat lunch while working.

  • Guam ½ hour, after 5 hours, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period.
  • Not considered time worked unless nature of work prevents relief from duty.
  • Statute Excludes agriculture where fewer than 10 are employed, domestic employment, and fishing industry, among others.

Puerto Rico 1 hour, if work period is longer than 5 consecutive hours, to begin after end of 2nd but before beginning of 6th consecutive hour worked, except when workday will be completed in 6 hours or less, meal period may be waived. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period, except that if the total hours worked is no more than 12 hours, the second meal period may be waived if the first meal period was not waived.

Time and a half pay required for work during meal hour or fraction thereof, except any employee entitled to a higher rate prior to 1/26/17 may continue to receive that higher rate. Statute Excludes, among others, administrators, executives, professionals, travel agents, labor union officials or organizers, certain drivers, domestic service employees, public sector employment, and certain employees covered by collective bargaining agreements.

By written agreement of the employer/employee, meal period may be shortened to not less than 30 minutes, and to not less than 20 minutes for croupiers, nurses, security guards, and anyone else authorized by the Puerto Rico Secretary of Labor. Such agreements remain valid indefinitely, and neither party may withdraw consent, without the consent of the other, until 1 year after agreements’ effectiveness.

Can I work 6 hours without a break UK?

Weekly rest – Workers have the right to either:

an uninterrupted 24 hours without any work each week an uninterrupted 48 hours without any work each fortnight

A worker’s employment contract may say they’re entitled to more or different rights to breaks from work.