(650) 332-8623North Carolina Break Laws: Meals, Rests, and More (2025)
Explore North Carolina’s break laws, including mandatory breaks for minors, employer responsibilities, and penalties for noncompliance. Stay informed about your rights and obligations.
Understanding North Carolina Break Laws
Meal Breaks
Laws in NC Governing Meal Breaks
The North Carolina Wage and Hour Act (WHA) regulates breaks, with specific provisions primarily for employees under 16 years of age:
For Youths Under 16 Years
- Chapter 95 – Article 2A § 95-25.5 : A minimum 30-minute break must be provided after 5 hours of work.
- No breaks of less than 30 minutes shall be deemed to interrupt a continuous work period.
For Employees 16 Years and Older
- Wage and Hours Act : No mandatory rest or meal breaks are required.
General Rules
- NC Department Of Labor : If an employer does offer breaks, they must be at least 30 minutes long to allow time deductions from pay.
- Employees must be completely relieved of duty during the break. For example, waiting for customers while on break counts as work time.
Rest Breaks
Laws in NC Governing Rest Breaks
North Carolina law does not require employers to provide smoke breaks or designated smoking areas, leaving it to the employer’s discretion.
What's the Difference?
Meal Breaks vs. Rest Breaks in NC
In North Carolina, employers are not required to provide rest or meal breaks for employees aged 16 and older, aligning with federal regulations that similarly do not mandate such breaks.
Federal Standards
The Fair Labor Standards Act (FLSA) governs breaks at the federal level and specifies that:
- Short breaks (typically 5 to 20 minutes) are considered compensable work hours if offered by the employer.
- Meal periods (generally lasting at least 30 minutes) are not compensable and do not count as work time.
North Carolina Wage and Hour Act
Under the North Carolina Wage and Hour Act (WHA):
- Mandatory breaks only apply to youths under 16, requiring a minimum 30-minute break after 5 hours of work.
- There are no required breaks for employees 16 years and older.
Key Provisions:
- If breaks are provided, they must be at least 30 minutes for employers to deduct the time from pay.
- Employees must be completely relieved of duty during breaks, meaning they cannot be waiting for customers or engaged in other work-related tasks.
- Breaks shorter than 30 minutes must be paid.
Additionally, there are no legal requirements for smoke breaks or designated smoking areas in North Carolina, allowing employers to establish their own policies regarding smoking during work hours.
For more information about workplace rights in North Carolina, please contact the Department of Labor at 1-800-NC-LABOR (800-625-2267).
Exemptions
What Type of Workers are Exempt from NC's Break Laws?
Differences Between NC and Federal Break Laws
In North Carolina, employers are not required to provide rest or meal breaks for employees aged 16 and older, aligning with federal regulations that similarly do not mandate such breaks.
Under federal law, there are no requirements for employers to provide breaks. However, if employers choose to offer short breaks (typically lasting 5 to 20 minutes), these must be paid. Meal breaks, defined as longer periods (at least 30 minutes), do not have to be paid as long as the employee is completely relieved of all duties.
The U.S. Department of Labor outlines two key regulations related to breaks and meal periods:
- Rest Breaks: 29 CFR 785.18
Short breaks (typically 5 to 20 minutes) are considered compensable work hours if offered by the employer. - Meal Breaks: 29 CFR 785.19
Meal periods (generally lasting at least 30 minutes) are not compensable and do not count as work time.
Under the North Carolina Wage and Hour Act (WHA):
- For Minors (Ages 14-17) – NC Wage and Hour Act
Mandatory breaks only apply to youths under 16, requiring a minimum 30-minute break after 5 hours of work. - For Employees 18 and Older – NC Department Of Labor
There are no required breaks for employees 16 years and older.
Additionally, there are no legal requirements for smoke breaks or designated smoking areas in North Carolina, allowing employers to establish their own policies regarding smoking during work hours.
Track every meal and rest break and stay compliant with Workyard
See how it works
Other Types of Breaks for Workers in NC
North Carolina adheres to the FLSA’s PUMP for Nursing Mothers Act, which outlines the rights of nursing employees to express breast milk at work. Although state law allows breastfeeding in public, there is no specific legislation for workplace breastfeeding.
Key Provisions Under the FLSA:
- Employers must provide reasonable break time for employees to express breast milk for up to one year after the child’s birth.
- A private space must be available for pumping that is not a bathroom and is shielded from view and free from intrusion by coworkers and the public.
Recordkeeping Requirements for Breaks in NC
North Carolina employers are required to maintain accurate records related to their employees, including wages, hours worked, and conditions of employment. While there is no specific mandate to track meal and rest breaks separately, employers must still ensure compliance with relevant wage and hour laws.
Key Provisions:
- Employers must keep records of all employees, including their ages and hours worked, which are essential for enforcing labor laws.
- The North Carolina Commissioner of Labor has the authority to inspect records and investigate workplace conditions to determine compliance.
- Employers must display a poster summarizing the major provisions of labor laws and provide notice regarding employee classification and reporting misclassification.
Records should be maintained as prescribed by the Commissioner and are crucial for upholding employee rights under the G.S. 95-25.15(b) (Record Keeping) law.
NC Penalties for Meal and Break Violations
$500 – $1,000Youth Employment Violations
Employers who violate youth employment provisions can face civil penalties of up to $500 for the first violation and up to $1,000 for each subsequent violation. The severity of the penalty is assessed based on the business size and the gravity of the violation.
$250 – $2,000Recordkeeping Violations
Employers who fail to adhere to recordkeeping requirements may incur civil penalties of up to $250 per employee, with a maximum of $2,000 per violation. The Commissioner considers factors such as the size of the business and the nature of the violation when determining the penalty amount.
Civil PenaltiesLabor Offenses
The Commissioner can file a certified copy of the assessed penalty in the superior court, which will then enter a judgment in accordance with the assessment.
These penalties serve to enforce compliance with North Carolina’s labor laws, particularly regarding the protection of young workers and the maintenance of accurate employment records.
Misconceptions About Meals and Breaks in NC
Some employees think that any break taken should automatically be compensated, regardless of its length.
If employers choose to provide breaks, they must be at least 30 minutes long to qualify for unpaid status. Breaks shorter than 30 minutes must be paid, and employees must be completely relieved of duty during their breaks.
Employees might assume that they are entitled to smoke breaks or designated smoking areas under state law.
North Carolina law does not require employers to provide smoke breaks or designated smoking areas. Employers have the discretion to establish their own policies regarding smoking during work hours.
Some employees may think that nursing mothers do not have specific rights regarding breaks for expressing milk while at work.
North Carolina adheres to the PUMP for Nursing Mothers Act, which mandates that employers provide reasonable break time for nursing employees to express breast milk for up to one year after childbirth. A private space must also be available for this purpose.
Employees might believe that all employers in North Carolina must comply with the same break regulations.
While employers must follow state laws, specific requirements vary based on employee age and whether breaks are offered. Employers should clarify their break policies to ensure compliance and inform employees of their rights.
Stay on top of North Carolina’s meal and break laws and ensure compliance with Workyard
See how it works
Employees: Know Your Rights to Meals and Breaks in NC
-
State-Mandated Breaks for Minors
In North Carolina, only employees under 16 years of age are guaranteed a mandatory break. These workers are entitled to a minimum 30-minute break after working five hours. However, employees aged 16 and older are not entitled to any mandated meal or rest breaks.
-
Reporting Violations
Employees are protected against retaliation for reporting violations of break laws, particularly concerning the rights of younger workers. If a minor’s break rights are violated, employees can report the issue to the North Carolina Department of Labor, which may impose civil penalties on the employer.
-
Breaks for Nursing Mothers
North Carolina adheres to the FLSA’s PUMP for Nursing Mothers Act. PUMP provides guidelines for upholding nursing employees’ rights to express breast milk at work.
Employer Obligations for Meals and Breaks in NC
Employers in North Carolina are expected to:
- Provide mandatory breaks for employees under 16 in accordance with North Carolina labor laws.
- Ensure that any voluntary breaks offered are at least 30 minutes long to be unpaid.
- Maintain accurate records related to employees’ hours worked, including break times, as required by law.
While employers can set their own break schedules, they must ensure compliance with the laws governing breaks for younger employees. If an employer fails to provide required breaks, they may face penalties, which can include fines for violations related to youth employment laws.
It’s essential for employers to communicate their break policies clearly to all employees, ensuring they understand their rights and the specifics of any voluntary break arrangements. Employers should also have processes in place to accommodate requests for breaks based on individual needs or circumstances.
Benefits to Employees
Complying with North Carolina’s labor laws regarding breaks can significantly enhance the employee experience:
- Better Employee Experience: Regular breaks help create a healthier work environment, reducing fatigue and promoting overall well-being.
- Employee Loyalty: When employees feel respected and valued, they are more likely to stay with the organization, fostering loyalty and commitment.
- Improved Productivity and Business Operations: Taking mandated breaks allows employees to recharge, leading to greater focus and efficiency in their tasks, ultimately benefiting overall business operations.
Benefits to Employers
Compliance with break laws is not just a legal obligation; it also offers strategic advantages for employers:
- Legal and Compliance Assurance: Adhering to labor laws helps mitigate risks of legal disputes and penalties, safeguarding the company from potential lawsuits.
- Better Productivity and Efficiency: Supporting break periods enables employees to perform at their best, resulting in higher quality work and greater operational efficiency.
- Lower Workforce Churn: Increased employee satisfaction from respected break rights leads to reduced turnover, saving costs associated with hiring and training new staff.
- Less Workplace Mistakes and Risk: A well-rested workforce is less prone to errors, minimizing the potential for costly mistakes.
- Better Work Culture and Unity: Fostering a culture that values breaks and employee rights enhances team cohesion and morale, creating a positive workplace atmosphere.
Looking for other state-specific labor and break laws? Check out these guides:
The Bottom Line on North Carolina Meal and Break Laws
In conclusion, NC break laws reveal a clear prioritization of younger employees’ well-being at work. The North Carolina Wage and Hour Act mandates that employees under 16 receive a minimum 30-minute break after five hours of work, ensuring adequate rest during longer shifts.
However, for those aged 16 and older, there are no state-required breaks, underscoring the importance of employer discretion and the need for clear internal policies. NC break laws allow employers to set their own break schedules, as long as these are communicated to all employees and adhered to.
North Carolina also upholds nursing employees’ rights through the FLSA’s PUMP act, requiring employers to provide reasonable accommodations in the workplace.
As employers keep these NC break laws in mind, they ensure compliance with labor regulations. This fosters a healthier work environment for all employees, enhancing productivity and job satisfaction. By prioritizing the rights and needs of their staff, organizations can cultivate loyalty, reduce turnover, and minimize legal risks. Employees, on their part, need to be knowledgeable about their state’s provisions for meal and rest breaks in accordance with current labor laws.
As we head into 2025, staying informed and proactive in compliance efforts will be key to navigating evolving workplace trends.
To help ensure compliance with North Carolina’s break laws, consider using tools like Workyard, which streamlines time-tracking and recording employee meals and breaks. With customizable features tailored to your industry, Workyard can help you maintain compliance while promoting a healthier work environment.
Explore what Workyard’s labor compliance software can do for your business, or sign up for a 14-day free trial. Discover how it can improve your workforce productivity today!
Employees under 16 years of age are entitled to a minimum 30-minute break after working five hours. No breaks shorter than 30 minutes can interrupt a continuous work period.
No, employees 16 years and older are not entitled to mandatory rest or meal breaks under North Carolina law. Employers can choose to offer breaks, but they are not required to.
If employers decide to offer breaks, they must be at least 30 minutes long to qualify for unpaid status. Employees must be completely relieved of duty during these breaks, meaning they cannot perform work tasks.
Employers who violate NC break laws for minors can face civil penalties of up to $500 for the first violation and up to $1,000 for subsequent violations. Fines for recordkeeping violations can range from $250 per employee to a maximum of $2,000 per violation.
Yes, under the PUMP for Nursing Mothers Act, employers must provide reasonable break time for nursing employees to express breast milk for up to one year after childbirth, along with a private space for this purpose.
