Does My New York Employer Have to Give Me Breaks From Work?

 

Your entitlement to meal and rest breaks depends on state law.

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In New York, you are not entitled to paid rest breaks.

Although many employees get meal and rest breaks during the workday, these breaks aren’t legally required everywhere. Federal law doesn’t require employers to give employees time off to eat or rest during their shifts. Employees are entitled to these breaks only if their state requires it.  

The federal Fair Labor Standards Act (FLSA) doesn’t require employers to give breaks, but it does regulate when employers have to pay for breaks they choose to give. 

Should Your Breaks Be Paid?

The FLSA requires employers to pay employees for all hours worked, including time the employer may classify as a “break.” An employer does not have to pay for longer meal breaks during which the employee is relieved of all work duties.

However, an employer must pay for:

  • Breaks during which the employee must work. If, for instance, you are allowed to eat at your desk while working, or you have to wolf down your sandwich during a work meeting, that is not a break. That is work time, for which you must be paid. 
  • Breaks lasting 20 minutes or less. These shorter periods off are considered part of the regular work day, and employees are entitled to be paid for them under the FLSA. 

New York Law on Meal Breaks

Most New York employees are entitled to an unpaid meal break of 30 minutes if they work a shift of more than six hours that spans the noonday lunch time. Employees whose work days start after 1 p.m. and run for at least six hours are entitled to an unpaid 45-minute meal break. Employees who work more than eight hours may be entitled to an additional 20-minute meal break, unpaid, if their work day starts before 11 a.m. and runs past 7 p.m. 

Factory workers are entitled to a one-hour meal break.

New York Law on Rest Breaks 

New York law does not require employers to provide rest breaks. If your employer chooses to let employees take rest breaks, it must pay you for breaks that last for 20 minutes or less.

 


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Jurisdictional relevance: ST

There are versions of this article for each State.