As a full-time employee, does my employer have to offer me health and retirement benefits or lunch breaks?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

As a full-time employee, does my employer have to offer me health and retirement benefits or lunch breaks?

Asked on May 14, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are over 16, your employer is not required to give you lunch or rest breaks--in North Carolina, only workers under 16 have to get these. It is up to the employer whether to provide a break or not.

In no state is an employer required to provide health and retirement benefits--it is legal to not offer either. If an employer chooses to offer these, then it may be that have to offered them, too--employers are limited in their ability to discriminate among employees, or offer health and retirement to some, but not others. That said, if you work at a very different position or job, or a different location, than others who do get these things, it may be possible to offer them to other staff but not you; the law prohibits discrimination in this regard among similarly situated staff, but does not necessarily require all employees to be treated the same if there are sufficient differences in location or job.  If there are employees who receive these but you don't, you should consult with an employment lawyer about the specifics of your situation to see if it is legal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption