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 Syracuse 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.
For example, domestic service employees, such as home health care providers, working within a residence for 24-hour shifts who do not reside in the space may also receive wages for 13 hours when they have five hours of uninterrupted sleep in an eight-hour sleep break and are permitted three meal breaks lasting one hour each. Failing to provide minimum breaks requires an employer to provide pay wages for 24 hours. Additional laws provide the following guidelines:
- 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.
Becoming familiar with New York lunch and break laws applying to your work sector provides you the ability to identify persistent violations that add up to potentially hours of lost pay. A New York employment attorney can answer specific questions relating to the law that apply to your work, determining whether lunch and break laws violations are impacting your employment. Employees have the legal right to compensation for worked time during meals and other breaks. Overtime pay may also apply to compensate for time worked beyond 40 hours.
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.
Potential Violations of Meal and Break Rules by New York Employers
Many employers provide rest breaks even though they are not a requirement under New York law. However, when rest periods of short durations are given by an employer, the rest time is to be paid, counting it as working time. A wage laws violation may occur when an employer deducts wages for that time counts the rest period against other working times, such as on-call time or a compensable waiting time.
Short rest breaks may also constitute reasonable accommodations for workers with a disability. Failing to work with an employee to establish reasonable accommodations may violate the Americans with Disabilities Act, constituting discrimination.
While meal periods do not count as hours worked and are lawfully unpaid, required brown bag lunches qualify as time paid. Required brown bag lunches generally occur when an employer obligates an employee to each lunch during a work-related presentation or meeting. Failing to compensate for mandatory brown bag lunches may constitute a violation of New York meal rules.
Employers who fail to provide a reasonable break to workers for the purpose of expressing breast milk while nursing a child may be in violation of federal law. This time should extend for one year after the birth of a child. The lactation space should be a place other than a bathroom and out of view and free from intrusion.
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. Take these steps to document potential violations of New York meal and break laws:
- Write down the date, time, and suspected violation with specific details
- Document the names of other employees who experience the same potential violation
- Ask for written statements from other employees possessing specific information about the incident
- Retain emails, texts, or written correspondence from an employer pertaining to the violation
- Document the work requirements preventing you from taking a lunch break, such as providing phone coverage or facilitating deliveries during your lunch or break times
- Retain pay stubs indicating deductions for approved paid breaks or other deviations in wages that may reflect a violation and a work period exceeding a 40-hour workweek
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.