What are the Meal and Rest Break Laws in New York?

Many states require that employers provide meal periods and rest breaks (paid or unpaid), and some specify a particular time when breaks or meal periods must be given. Where both the Fair Labor Standards Act (FLSA) and a state labor law apply, the employee is entitled to the most beneficial provisions of each law. Meal and rest break laws in New York apply to private employers as follows:

Meal Breaks

• Employees who work a shift of more than six hours which extends over the noonday meal period (11:00 a.m. until 2:00 p.m.) are entitled to at least 30 minutes off within that period for a meal break.
• Employees whose shift starts before 11 a.m. and continues until after 7 p.m. must be allowed an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m.
• Employees who work a shift of more than six hours starting between 1 p.m. and 6 a.m. must be allowed at least 45 minutes for a meal break midway between the beginning and end of their shift.
• In situations where only one employee is on duty or is the only one in a specific occupation, the employee may voluntarily agree to eat on the job without being relieved of duties.
  • Employers must provide an uninterrupted meal period if requested by the employee.
• The New York Department of Labor may permit (in writing) shorter meal periods under certain circumstances.
  • The permit must be conspicuously posted in the main entrance of the workplace and may be revoked at any time.

Rest Breaks

• Rest breaks are not required by law, but if a break (of up to 20 minutes) is permitted, it should be paid as working time. Rest breaks must be counted as hours worked for purposes of minimum wage and overtime requirements under federal law. These breaks include short periods (usually 20 minutes or fewer) that employees are allowed to spend away from the work site for any reason—for example, smoke breaks, restroom breaks, and breaks to make personal phone calls or to get coffee or soft drinks.

Breastfeeding Breaks

• Employers must provide reasonable break time each day to allow employees to express breast milk for up to three years following childbirth.
  • The break time may be a separate unpaid break, or employers may allow employees to use paid meal or break times.
• Employers must make reasonable efforts to provide a room or area in close proximity to the work area where employees can express breast milk in privacy.
• Discrimination against employees who choose to express breast milk in the workplace is prohibited.

Day of Rest Requirement

• Employees working in the following establishments must be allowed a rest period of at least 24 consecutive hours each calendar week:
  • Factories;
  • Mercantile establishments;
  • Hotels;
  • Restaurants; and
  • Office and apartment buildings (certain employees only).

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Source: “Meal & Rest Breaks in New York (NY)” by Zywave