AN ACT AMENDING THE WAGE AND HOUR ACT TO REQUIRE EMPLOYERS TO PROVIDE A TWENTY-MINUTE PAID BREAK TO ANY EMPLOYEE WORKING A SHIFT OF SIX HOURS OR MORE.
Identical to H 551, filed 4/2/19.
Enacts GS 95-25.4A to require all employers to offer employees at least one voluntary paid break of at least 20 minutes duration near the middle of a workday which is six or more hours. Specifies that the break cannot be used to delay the beginning or shorten the work period without the approval of the employer.
Amends GS 95-25.23 to establish a penalty for violations of GS 95-25.4A and any regulation issued pursuant to the statute in an amount not to exceed $100 for the first violation, or not to exceed $500 for each subsequent violation. Requires consideration of the business size and gravity of the violation in assessing the penalty amount. Deems the determination of the Commissioner of Labor final unless the person charges with the violation takes exception to the determination and within 15 days after receipt of notice, as specified, in which case the final determination will be made in administrative and judicial proceedings pursuant to GS Chapter 150B, as specified.
Amends GS 95-241(a)(1), adding to the persons protected from discrimination or retaliation in employment those filing a claim, initiating any inquiry, investigation, inspection, proceeding or other action, or testifying or providing information to any person with respect to GS 95-25.4A.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.