Lunch and Break Laws In New York
A hungry, tired employee rarely performs his or her best work. To help employees remain productive and pleasant, employers typically provide breaks throughout the day for workers to eat meals and recharge themselves. Although these breaks are common, you may be surprised to learn that federal laws do not require employers to offer any rest periods at all.
State laws are different. In New York, employers are required to provide a meal break to employees, but rest periods throughout the day are not mandated. If your employer fails to comply with these laws, it is important to consult with a New York employment attorney about your options.
Are Employers Required to Provide a Lunch Break?
According to Section 162 of the New York Labor Law, employers are required to provide meal breaks to all employees who work for at least six hours per day. The length of these meal periods will depend on the length of the employee’s shift, as well as his or her industry.
- If you work in a factory, you are entitled to a one-hour break. This break must take place between 11 am and 2 pm.
- All other employees covered by New York labor laws are entitled to a 30-minute lunch break. This break must take place between 11 am and 2 pm.
- If your shift starts before 11 am and ends after 7 pm, your employer must provide you with another 20-minute meal break. This second break must take place between 5 pm and 7 pm.
- If you work a shift that is longer than six hours and starts between 1 pm and 6 am, you are entitled to a meal break in the middle of your shift. If you are a factory employee, you are entitled to a one-hour break. If you work in any other occupation covered by the labor law, you get a 45-minute break.
Are Employees Entitled to a Rest Day?
In addition to providing lunch breaks during workers’ shifts, employers in New York state must also provide a rest day. Employees are entitled to at least 24 consecutive hours of rest during each calendar week.
If an employer wants to deviate from this requirement, it must apply for a variance with the New York Department of Labor. This request will only be granted if the employer submits a successful application and meets certain conditions.
What Should You Do If Your Employer Doesn’t Give You a Break?
If your employer fails to provide you with the breaks that you are entitled to receive, you may file a complaint with the New York Department of Labor. You can fill out an application online and submit the form via mail to the New York Division of Labor Standards. Your employer cannot retaliate against you for submitting this form.
Navigating these situations can be difficult. In these situations, it is important to consult with an attorney about your legal options. A New York wage and hour attorney can evaluate your situation, help you submit your complaint, and protect you against any retaliation that you may face.
Contact a lawyer as soon as possible to discuss your situation and plan your next steps.