Bill Summary for S 598 (2021-2022)

Summary date: 

Apr 6 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 598 (Public) Filed Tuesday, April 6, 2021
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.
Intro. by Chaudhuri, Nickel.

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Bill summary

Enacts new GS 95-25.4A requiring employers, during a workday that is six or more hours, to offer each employee at least one voluntary paid break of at least 20 minutes, to be scheduled during the middle of the day. Prohibits using the break to delay the beginning or shorten the duration of the work period without the employer's approval.

Amends GS 95-25.23 to make violations of new GS 95-25.4A punishable by a civil penalty not to exceed $100 for the first violation and not to exceed $500 for subsequent violations. Requires consideration of business size and gravity of the violation when setting the penalty amount. Makes the determination final, unless within 15 days after receiving notification, the person charged with the violation takes exception to the violation, to be delivered in one of the specified ways; in such instances, the final determination of the penalty is required to be made in an administrative proceeding under Article 3 (Administrative Hearings) of GS Chapter 150B (the Administrative Procedure Act) and in a judicial proceeding under to Article 4 (Judicial Review) of GS Chapter 150B.

Amends GS 95-241 to prohibit a person from discriminating or taking any retaliatory action against an employee because the employee in good faith does or threatens to file a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to new GS 95-25.4A. 

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