What Are the Meal Break Requirements in New York?

 New York law provides detailed rules about meal breaks:

• Factory Workers: A one-hour noonday meal break.
• Non-Factory Workers: A 30-minute noonday meal break if their shift exceeds six hours and spans the noonday period.
• Evening Shifts: A 20-minute meal break between 5 p.m. and 7 p.m. for shifts starting before 11 a.m. and ending after 7 p.m.
• Overnight Shifts: Factory workers receive a one-hour break; all others get 45 minutes.

Employers can request shorter breaks by applying to the Department of Labor. If you’re unsure whether your shorter breaks are lawful, it’s worth investigating.

https://www.newyorkcity-employmentlawyer.com/nyc-meals-breaks-lawyer/

How Do Employers Violate Meal and Rest Break Laws?

Common violations include:

1. Unpaid Lunch Meetings: If employees must work or attend meetings during their meal breaks, this time should be paid.
2. Desk Dining: Employees eating at their desks may still be considered on duty, making the break compensable.
3. Rest Break Mismanagement: Employers often fail to count short rest periods as paid time.

What About Rest Breaks in New York?

While New York law does not require rest breaks, employers who choose to provide them must count them as paid working hours. Additionally, rest breaks may serve as reasonable accommodations for disabled employees or nursing mothers under federal law.

Know Your Rights

Nursing mothers are entitled to reasonable breaks to express breast milk for up to one year after childbirth. Employers must also provide a private, non-bathroom space for this purpose.

What to Do If Your Rights Are Violated

If you suspect your employer is violating meal or rest break laws, take action. Call Mansell Law at 646–921–8900 for a free consultation with experienced New York employment attorneys.

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