Legal Question in Employment Law in North Carolina

Is it legal for an employer to just decide that they are no longer giving employees holiday pay? I received holiday pay for the first year that I worked on holidays, after that they just decided that we were no longer going to be getting it. Also, are their any laws that require employer's to provide meal times or paid travel time if they want you to work at two different stores that are separated by state (30-45 min driving time) and open one store at 9am, leave that store at 3pm, and drive straight to the other store and work through to close it at 9pm?

Asked on 5/15/13, 11:36 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

As to your first question, yes it is legal to do this. An employer can terminate or change benefits as long as it is done beforehand. The law would not allow an employer to make employees work on a holiday and then after the fact say that it was at regular pay but if they may the change before the holiday, it can be done.

Next, there is no requirement for breaks or meal times, except for minors 15-17 who are working.

Finally, you should be paid travel time if you are considered "on the clock." I recommend you call the NC Department of Labor wage dispute bureau and speak to them about the travel issue and they can let you know and enforce if necessary your right to be paid or not be paid based on the specific circumstances.

You also mentioned "separated by state" if the offices are in different states, this may affect any advice given as the laws in the various states might be different.

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Answered on 5/16/13, 8:56 am

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