State laws (statutes and regulations) generally govern the number and length of breaks and meal periods employers must provide employees—usually based on the number of consecutive hours the employee has worked that day. These laws vary from state to state and many states have separate provisions requiring meal periods specifically for minors (when minors are covered by two provisions, employer must observe the higher standard).
Federal law does not require lunch or coffee breaks for employees, but if employers do offer short breaks (usually lasting about 5 to 20 minutes) federal law considers the breaks compensable work hours that must be included in the number of hours worked when calculating overtime pay. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and that any extension of the break will be punished. Bona fide meal periods (typically lasting at least 30 minutes) serve a different purpose than coffee or snack breaks, are not work time, and are not compensable.
In North Carolina, state law does not require private employers to provide employees with either paid or unpaid rest breaks or meal periods, regardless of the length of their shift. The state follows the federal Fair Labor Standards Act (FLSA) guidelines regarding breaks and meal periods. Under the FLSA, short breaks (usually lasting about 5 to 20 minutes) are considered compensable work hours and must be included in the sum of hours worked for the purposes of overtime calculations. However, bona fide meal periods (typically lasting at least 30 minutes) do not count as work time and are not compensated. For minors under the age of 16, North Carolina law requires a 30-minute break after five hours of consecutive work. Employers must adhere to this provision for minors, ensuring compliance with the higher standard when both state and federal regulations apply.