| 13 | 13 | | A BILL TO BE ENTITLED 1 |
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| 14 | 14 | | AN ACT AMENDING THE WAGE AND HOUR ACT TO REQUIRE EMPLOYERS TO 2 |
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| 15 | 15 | | PROVIDE A TWENTY -MINUTE PAID BREAK TO ANY EMPLOYEE WORKING A 3 |
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| 16 | 16 | | SHIFT OF SIX HOURS OR MORE. 4 |
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| 17 | 17 | | The General Assembly of North Carolina enacts: 5 |
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| 18 | 18 | | SECTION 1. Article 2A of Chapter 95 of the General Statutes is amended by adding 6 |
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| 19 | 19 | | a new section to read: 7 |
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| 20 | 20 | | "§ 95-25.4A. Rest breaks. 8 |
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| 21 | 21 | | During the course of a workday of six or more hours, all employers shall offer for each of 9 |
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| 22 | 22 | | their employees at least one voluntary paid break of at least 20 minutes' duration scheduled near 10 |
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| 23 | 23 | | the middle of the workday. This break may not be used to delay the beginning or shorten the 11 |
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| 24 | 24 | | duration of the work period without the approval of the employer." 12 |
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| 25 | 25 | | SECTION 2. G.S. 95-25.23 is amended by adding a new subsection to read: 13 |
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| 26 | 26 | | "(a1) Any employer who violates the provisions of G.S. 95-25.4A (Rest breaks) or any 14 |
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| 27 | 27 | | regulation issued thereunder, shall be subject to a civil penalty not to exceed one hundred dollars 15 |
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| 28 | 28 | | ($100.00) for the first violation and not to exceed five hundred dollars ($500.00) for each 16 |
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| 29 | 29 | | subsequent violation. In determining the amount of such penalty, the appropriateness of such 17 |
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| 30 | 30 | | penalty to the size of the business of the person charged and the gravity of the violation shall be 18 |
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| 31 | 31 | | considered. The determination by the Commissioner shall be final, unless within 15 days after 19 |
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| 32 | 32 | | receipt of notice thereof by certified mail with return receipt, by signature confirmation as 20 |
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| 33 | 33 | | provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 21 |
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| 34 | 34 | | U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the person charged with the 22 |
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| 35 | 35 | | violation takes exception to the determination, in which event final determination of the penalty 23 |
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| 36 | 36 | | shall be made in an administrative proceeding pursuant to Article 3 of Chapter 150B of the 24 |
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| 37 | 37 | | General Statutes and in a judicial proceeding pursuant to Article 4 of Chapter 150B of the General 25 |
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| 38 | 38 | | Statutes." 26 |
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| 39 | 39 | | SECTION 3. G.S. 95-241(a)(1) is amended by adding a new sub-subdivision to read: 27 |
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| 40 | 40 | | "i. G.S. 95-25.4A." 28 |
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| 41 | 41 | | SECTION 4. This act is effective when it becomes law and applies to employment 29 |
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| 42 | 42 | | in this State on or after that date. 30 |
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