Lunch and Break Law Governing New York

I find that employers and employees alike often wonder what the requirements for meals and breaks are under state law. In my recent research into this area, I have found that New York has a variety of regulations on this topic. Unlike many states that have one standard for all employees, the meal breaks New York employees are entitled to under the law vary depending on type of workplace and time of day.

Factory Employees: Workers employed in any type of factory during a shift which extends through the middle of the day must be given a 60 minute break for the “noonday meal.” The period for the noon meal is defined as any time between 11am and 2pm. Anyone working in a factory with a shift of more than six hours that begins between 1pm and 6am must also be given a sixty minute meal break. This break must be near the middle of the employee’s shift. This standard covers all workers at a factory establishment, including managers and other white collar workers.

All Other Employees: Workers in all other types of establishments are guaranteed a 30 minute break under New York law if their shift is at least six hours long and extends over the noon meal period. If an employee has a shift that begins between 1pm and 6am (and is also at least six hours long), he or she must be given a 45 minute meal break.

In all types of workplaces, if an employee has a work day that begins before 11am and ends after 7pm, he or she must be given a second meal break of at least 20 minutes between 5pm and 7pm.

The New York regulations do provide for some exemptions. The regulations note that in circumstances where only one employee is on duty at a time, or only one employee is able to do a particular job, the employee is normally allowed to simply eat while working. However, the employee and employer must agree to this arrangement. Any employee not consenting to an “on duty” meal must be given opportunity to have the meal break they are entitled to under the law. Employers may also obtain written permission from the Commissioner of Labor to give employees shorter meal breaks if they feel this is necessary.

A full presentation of lunch and break laws on the state and federal levels may be found on the New York All in One Labor Law Poster. This poster also includes all other required federal and state labor law notices.