Can companies in SC legally deny lunch breaks to workers? Here’s what the law says

Twenty-one states require lunch breaks for employees and South Carolina is not one of them.

Likewise, the Federal Government does not require employers to offer lunch breaks.

It is on a company by company basis, and in most states that do require lunch breaks, the time is unpaid.

Workforce Hub says if an employer in South Carolina allows lunch breaks the timing is up to the employer.

There is also no requirement for breaks, no matter how long the shift is, the South Carolina Department of Labor, Licensing and Regulation says.

“Many employers have a policy of allowing employees to take breaks during the day, recognizing that an employee who is hungry and tired is neither productive nor pleasant to customers and coworkers,” said Nolo.com, a website that specializes in workplace law.

The rules in states that do require lunch breaks are varied. Some are enforced with administrative orders like Washington, Oregon and California. Others like Nevada, Nebraska, Minnesota have laws that require breaks.

Tennessee, Kentucky and West Virginia are the only Southern states that require lunch breaks. Kentucky says the time offered should be “reasonable” and recommends 30 minutes. Tennessee says 30 minutes, West Virginia 20.

Maryland says 15 minutes.

New York requires an hour lunch for factory workers and 30 minutes for all others.

States mandating a 30 minute lunch break are Washington, Oregon, California, Nevada, Colorado, Nebraska (must be off premises), North Dakota, Delaware, Connecticut, New Hampshire and Maine, according to the U.S. Department of Labor.

Requiring a 20 minute break are Massachusetts, Rhode Island and Illinois.

Minnesota law says breaks should be sufficient; Vermont reasonable opportunity.

Illinois has a special carve out for hotel room attendants, who must receive a 30-minute meal period in each workday.