He said his lawyer said he didn't have to pay us for breaks but the research I've done said it should be compensated in NC. We are supposed to be working 4 ten hour days and paid for ten but scheduled 11 hours due to lunch and breaks. Shouldn't we be scheduled for 10-1/2 hours and be paid for breaks?
No, not for the lunch. Both state and federal wage and hour law only requires pay for time that you are actually working. The employer can schedule you for as many hours as it wants, but it only required to pay you for time worked. The exception would be for exempt employees. However, under a special federal rule (which NC follows), short breaks during scheduled work time are treated differently and are compensable. If the employer is giving you 15 minutes breaks, you should be paid for that.
However, keep in mind that neither federal nor state law require breaks for workers over 16 years of age. That means that one way to resolve this on the employer's side is to simply get rid of the breaks.
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