Are NC employers required to give lunch breaks? It depends. Here’s the state law

Lunch breaks are considered crucial for those who work eight-hour shifts or longer.

Breaks can help you reset after working several hours and they increase your productivity during the second half of the day. Research also shows that lunch breaks can improve your mental health and reduce stress throughout the day.

But are employers in North Carolina required to give their workers time to refuel? Here’s what state labor laws say.

Are lunch breaks required in NC?

Rest breaks and meal breaks are not required by law in North Carolina for employees 16 years of age or older, according to the N.C. Department of Labor.

But the North Carolina Wage and Hour Act mandates that those under 16 must get 30-minute breaks after five hours of work.

“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,” the NCDOL says.

If an employer does give breaks, they must be at least 30 minutes long to deduct the time from an employee’s pay, according to the NCDOL. Breaks of less than 30 minutes have to be paid by the employer.

Does federal law require lunch breaks?

Federal law does not require lunch breaks, according to the U.S. Department of Labor.

However, short breaks are considered “compensable work hours” per federal law, meaning employees should receive compensation for that time.

Are smoke breaks required in NC?

There is no state law that requires employers to give smoke breaks or provide a place to smoke, according to the NCDOL.

But there is a law that bars employers from discriminating against employees for the “lawful use of lawful products, such as tobacco, during non-working hours,” the NCDOL says.

This story was originally published June 26, 2024 at 9:59 AM with the headline "Are NC employers required to give lunch breaks? It depends. Here’s the state law."

Evan Moore

The Charlotte Observer

Evan Moore is a service journalism reporter for the Charlotte Observer. He grew up in Denver, North Carolina, where he previously worked as a reporter for the Denver Citizen, and is a UNC Charlotte graduate.