House committee substitute to the 1st edition makes the following changes. Deletes all content of the first edition and replaces it with the following. Directs the Legislative Research Commission (LRC) to study amending the Wage and Hour Act to require employers to provide a twenty-minute paid break to any employee working a shift of six or more hours. Sets out eight items that must be done as part of the study, including determining whether other states have imposed such a requirement and investigating the results of those mandates, evaluate the merit of authorizing the Commissioner of Labor to impose a civil penalty upon employers who do not provide the break, and assess the need to restrict the use of the paid break to delay the beginning or shorten the duration of the work period without the employer's approval. Requires the LRC to report to the 2020 Regulator Session of the 2019 NCGA upon its convening. Makes conforming changes to the act's titles.
Bill Summaries: H551 (2019-2020 Session)
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Bill H 551 (2019-2020)Summary date: May 6 2019 - View summary
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Bill H 551 (2019-2020)Summary date: Apr 2 2019 - View summary
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 charged 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.