Understanding New York's Work Break Laws And Your Rights

New York State has strict labor laws that govern employee breaks from work. These laws are part of a broader set of New York Labor Laws, which include federal and state wage and hour laws. While rest breaks are not required in the state, any that are provided must be compensated and counted as working time. Meal breaks, on the other hand, are mandatory for employees working over a certain number of hours. Employees in New York State must be provided with at least 24 consecutive hours of rest in any calendar week, referred to as a day of rest.

New York Work Break Laws

Factory workers are entitled to a 60-minute lunch break

In New York, factory workers are entitled to a 60-minute lunch break between 11:00 am and 2:00 pm if they work more than six hours. This is in addition to another 60-minute meal break at the midway point of their shift if their shift starts between 1:00 pm and 6:00 am.

This is a specific rule for factory workers, who are defined as employees engaged in the maintenance and/or operation of a factory, and those whose primary duties take place in such locations. Factories include mills, workshops, and other manufacturing establishments, as well as any buildings, sheds, structures, or other places used for or in connection with these establishments.

Factory workers in New York are also entitled to an additional 20-minute meal break between 5:00 pm and 7:00 pm for shifts that begin before 11:00 am and end after 7:00 pm.

It is important to note that these rules are part of a broader set of New York Labor Laws, which include federal and state wage and hour laws. While rest breaks are not required in New York, any rest breaks that are provided must be compensated and counted as working time.

The New York Department of Labor (DOL) enforces these rules and can permit shorter meal breaks in certain circumstances. Employers who fail to comply with these rules may be subject to penalties, including compensation, overtime pay, wage reimbursement, and liquidated damages.

Non-factory workers are entitled to a 30-minute lunch break

In New York, non-factory workers are entitled to a 30-minute lunch break if they work more than six hours between the hours of 11:00 am and 2:00 pm. This break is unpaid, but if an employee works through their lunch break, that time must be paid.

The specific requirements for meal breaks in New York depend on the type of work and the length of the shift. Factory workers in New York, for example, are allowed a one-hour break between 11 am and 2 pm. Additionally, employees who work more than six hours between 1 pm and 6 am are entitled to a 45-minute meal break in the middle of their shift.

In New York, employers are not required by law to provide rest breaks. However, if they choose to offer breaks, they must be paid, and this time counts towards overtime requirements under federal law. Rest breaks are defined as short periods of time, ranging from 5 to 20 minutes.

It is important to note that meal and rest break laws can be complex and vary from state to state. Employees in New York who feel they have been denied their rightful meal or rest breaks can seek legal assistance to understand their rights and options.

Employees can waive their meal breaks

In New York, employees can waive their meal breaks, but only if certain conditions are met. The New York State Court of Appeals has upheld the following statutes in this regard:

• The operational needs of the industry make strict compliance with the meal period provisions impractical.
• The waiver was obtained openly and knowingly, without duress or coercion, through good-faith negotiations.
• The employees received a desired benefit through the negotiations in return for such a waiver.

For example, an employee may consent to waive their meal break in exchange for additional breaks or meal periods scheduled at other times, provided that these conditions are met. It is important to note that this waiver must be obtained through a fair and transparent process, without any form of coercion or pressure on the employee.

Additionally, the New York Department of Labor (NYDOL) can permit shorter meal breaks for breaks that are intended to be over 30 minutes, as long as there is no indication of hardship for the employee. In special cases, a meal period of 20 minutes may be allowed after a thorough investigation and the issuance of a special permit by the NYDOL. However, employers must apply for shorter meal periods, and employees cannot be forced to waive their meal breaks without valid reasons and proper authorisation.

Employers must provide a day of rest

In New York State, employers are required by law to provide their employees with at least 24 consecutive hours of rest in any calendar week. This is known as a day of rest. The New York State Department of Labor enforces this rule, which is part of a broader set of New York Labor Laws, and is designed to ensure that all New York workers are paid fair wages and have their right to a meal period or day of rest protected.

The day of rest rule is outlined in Section 161 (One Day Rest in Seven) of the New York State Labor Law. This law states that employers must provide all employees with time off for meals after working a certain number of hours. Specifically, if an employee works more than six hours, they are entitled to at least 30 minutes of unpaid time off.

It is important to note that employers may apply for a variance from the day of rest requirement. However, this will only be granted if the application is approved and the employer agrees to certain conditions. The NYS DOL maintains a list of employers that have approved day-of-rest variances.

If an employer fails to provide the required day of rest, employees can file a complaint with the Department of Labor by completing and mailing a form to the NYS DOL Division of Labor Standards. This can be done to protect the rights of employees and ensure compliance with New York State Labor Laws.

While rest breaks are not required in New York State, any rest breaks that are provided must be compensated and counted as working time. This means that if an employer offers a rest break, it must be paid. These rest breaks typically range from 5 to 20 minutes in duration.

Lactating women must be provided with reasonable break time

New York State and federal laws require employers to provide accommodations for lactating women. This includes providing adequate time for employees to express breast milk during the workday.

Effective June 19, 2024, employers in New York State must provide 30 minutes of paid break time each time an employee needs to express breast milk, for up to three years following childbirth. These breaks are in addition to any existing break time. Employers must also allow employees to use their existing meal time or paid break time if they need more than 30 minutes to pump. The number of lactation breaks will depend on the individual's reasonable needs.

Employers may not force employees to extend their workday or make up for paid break time because they took lactation breaks. Additionally, employers cannot require employees to work while they are pumping.

Employers must also provide a lactation room with specific components, such as a chair, a working surface, access to clean running water, and an electrical outlet if the workplace has electricity. The room must be in close proximity to the work area, well-lit, shielded from view, and free from intrusion.

It is important to note that lactation accommodation rights are available to employees of all gender identities and expressions and are not limited to those who identify as women or mothers.

Frequently asked questions