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NC Rest period for minor? And discrimination? North Carolina

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  • NC Rest period for minor? And discrimination? North Carolina

    I have a couple of questions. First off, both my girlfriend and my brother's gf work for a franchise restaurant here in NC. They went through some rediculous stuff in training, so that was a red flag.

    Since they have worked there, my girlfriend has complained about not being allowed to take a break when working a 6 hour (or more) shift. She is 16 years old. I was told by some that there is rules for breaks in NC, and from others that there are not. The thing is she is 16, so I'm assuming there should be breaks for minors?

    Also are there any sanitation laws regarding the cleaning of bathrooms? Both of them clean bathrooms regularly and are not given gloves. That just seems like that's wrong?

    And a question for myself... I have long hair for a guy, and was wondering if a company is allowed to terminate my employment (or refuse to hire me)because I refuse to cut my hair. I'm not trying to complain necessarily, I'm just curious as to what my rights are. I was told by someone that that could be construed as sexual discrimination? I am 19 years old if that helps.

    I found this site while browsing the net for child labors so any help would be greatly appreciated thank you

  • #2
    I can only give very limited information.

    Originally posted by xezekial
    I have a couple of questions. First off, both my girlfriend and my brother's gf work for a franchise restaurant here in NC. They went through some rediculous stuff in training, so that was a red flag.

    Since they have worked there, my girlfriend has complained about not being allowed to take a break when working a 6 hour (or more) shift. She is 16 years old. I was told by some that there is rules for breaks in NC, and from others that there are not. The thing is she is 16, so I'm assuming there should be breaks for minors?

    Also are there any sanitation laws regarding the cleaning of bathrooms? Both of them clean bathrooms regularly and are not given gloves. That just seems like that's wrong?

    And a question for myself... I have long hair for a guy, and was wondering if a company is allowed to terminate my employment (or refuse to hire me)because I refuse to cut my hair. I'm not trying to complain necessarily, I'm just curious as to what my rights are. I was told by someone that that could be construed as sexual discrimination? I am 19 years old if that helps.

    I found this site while browsing the net for child labors so any help would be greatly appreciated thank you
    There are other senior members that will be able to answer the question about breaks,i am not sure of the answer sorry! Have they requested gloves? Have they asked thier supervisor if they could purchase some? I'm not sure if there are any laws pertaining to them having to have gloves available. They could contact the local health department on this issue,another member will let you know if this is appropriate for this situation. Your question about long hair,your employer can ask you to have short hair,no facial hair,etc. It is not against the law to require certain things,they could tell a woman who has long hair,if you don't come to work with it clean and put back into a pony tail we will let you go. It is not,to the best of my knowledge,discrimination if they tell you to cut your hair and not a woman. Each company has appearance expectations for both women and men. I would imagine that they wouldn't like a woman to wear a dress,if she doesn't shave her legs. A man on the other hand,it is exceptable for them to have unshaven legs. This is just an example. If i am wrong,another senior member will correct me,but i just don't see sexual discrimination here. Sorry!!

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    • #3
      North Carolina law does not require rest breaks for employees 16 years of age and older.
      http://www.dol.state.nc.us/wh/faqs.pdf

      I don't know about providing gloves when cleaning the restrooms, but you can call here to inquire: (919) 807-2875

      As as regards your hair, yes they may require you to cut it if you want to keep your job. The employer may have standards of personal appearance and, unless having long hair is a requirement of your religion, or there is a medical reason why you must have long hair (although for the life of me, I can't think of one), they are perfectly within their rights to enforce them.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        Medical reason for [long] hair

        Originally posted by Pattymd
        unless having long hair is a requirement of your religion, or there is a medical reason why you must have long hair (although for the life of me, I can't think of one), they are perfectly within their rights to enforce them.

        Patty, you've obviously forgotten the legal precedent set by Homer Simpson when he obtained an insurance covered prescription for Dimoximil (sp?) to "prevent freezing of brain".

        Comment


        • #5
          Do'h.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            thanks a lot to everyone that has replied. I will find out about the gloves. i was just under the impression NC required at least a meal period for employees working a certain amount of hours per day (6 or 8?). Does this mean an employer could work you 12 hours with no meal time? Doesn't seem correct... I can certainly see them denying you cigarette breaks though (even though I am a smoker, so I prefer to have them)

            thanks again

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            • #7
              tee hee

              Originally posted by Pattymd
              Do'h.
              lmao!! You guys are to funny lol!!

              Comment


              • #8
                There are a number of states that do not require any breaks at all, even meal breaks, no matter how many hours you work. In those states, you could be required to work a 12, a 16, an 18 or a 24 hour shift with no breaks whatsoever and it would be legal. NC is one of those states.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment

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