Human Resource Blog

Where HR Professionals Seek Answers

A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR!

Jul13

New York Labor Law – Breaks

What is the New York Law on breaks? Must an employee who works less than 6 hours be given a break? What about an employee who works more than 6 hours?

It is not entirely clear if you are referring to meal breaks or rest breaks, so we will address both.

The answer to this question will depend upon the industry the employer is in, and the time of day that the shift starts and ends. New York has the most complex of all break laws. For example, factory workers in New York are entitled to a one-hour meal break, while workers in most other industries who work “during the noon day meal period” are entitled to a 30 minute meal break. “During the noon day meal period” is generally interpreted to mean between 11 am and 2 pm. That may mean that a worker whose 6 hour shift ends at 12:20 is not entitled to a meal break.

In addition, when a New York worker starts before 11 am and the shift ends after 7 pm, he or she is entitled to an additional 20 minute meal break between 5 pm and 7pm. This is essentially a “dinner” break, while the earlier break was a “lunch” break.

Finally, employees in New York who work a shift of more than 6 hours starting any time between 1 pm and 6 am are entitled to a 45-minute meal break in the middle of the shift. (Unless they are in a factory, when the break must be 1 hour.)

As far as we can tell, there is no requirement for a meal break for New York employees who work a shift less than 6 hours, unless it is over the noon hour or starts before 11 am and continues after 7 pm.

We told you they were complicated! All of those meal breaks can be unpaid, when they are 20 minutes or more and the employee is relieved of all duties. For more on meal breaks, see this info on coffee breaks: http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#7

and this info on meal breaks: http://www.labor.state.ny.us/workerprotection/laborstandards/employer/meals.shtm

By contrast, the New York laws for rest or coffee breaks are very simple. There are none. Although OSHA standards mean that employees must be allowed reasonable access to bathrooms (and time to use them), no additional breaks are required by state law, on a shift of any length. Under federal law, breaks of less than 20 minutes must be paid breaks.

This entry was posted on Sunday, July 13th, 2008 at 8:13 am and is filed under
Human Resources Management.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.

75 Responses to “New York Labor Law – Breaks”

  1. nina hoffmann Says:

    what amount of time is alllowed for a break working 11pm – 4 am

  2. Caitlin Says:

    Hi Nina! This is a 5-hour shift. New York law mandates breaks only for employees who work a 6 hour shift or more. Therefore, under New York law, the employee is not entitled to a meal break.
    If the employee worked until 5 am, a 6-hour shift, the employee would be entitled to a 45 minute unpaid meal break. HTH, and thanks for reading the blogs!~ Caitlin

  3. Kristjan Says:

    The statute states that the shift must be more than six hours and over the lunch meal period. I have done some research and there seems to be some inconsistency as to whether the shift needs to be MORE than six hours or the shift is at least six hours or more.

    Could you please clarify what as to whether a shift, that is exactly six hours and falls over the noon time meal, is required to receive a lunch break.

    Thank you

  4. Caitlin Says:

    Hi Kristjan! You are right — the New York statute for a meal period for non-factory work says “shifts of more than 6 hours.” However, our recommendation is still that the employer give a meal break to workers on a 6-hour shift. The reason is simple. If for any reason the employee works even a few extra minutes, the employer would be in violation of the law.
    In all our advice, we try to protect the employer by being a little conservative in our recommendations — and this is one of them.
    But you are correct. If the employee works exactly 6 hours and not one minute longer, he or she is not entitled to a meal break in New York, in most industries. HTH, and thanks for reading the blogs!~ Caitlin

  5. Paula Says:

    IF YOU WORK 8 HRS. ARE YOU SUPPOSE TO GET A HALF HR. AND TWO FIFTEEN MIN. BREAKS

  6. Caitlin Says:

    Hi Paula! New York has the most complicated break laws of any state. The are broken down by industry and time of day. So, for example, in your question, if the person works in a factory, they may be entitled to a 60-minute lunch break, while someone who works in retail over the lunch hour would be entitled to 30 minutes. HTH, and thanks for reading the blogs!~ Caitlin

  7. Mark Woolfson Says:

    My wife received a letter as follows. She is an event server. This seems like it may be toeing the line a little. Thoughts anyone?

    “Effective 7/26/09, event servers and bartenders who are scheduled to work 6 or more hours will be required to take a 30 minute unpaid break as required by New York State law. Scheduling will be coordinated by your supervisor.”

    What bothers me here is that the payroll department will be deducting 30 minutes automatically so this means the time card will not show a break was taken.

  8. Caitlin Says:

    Hi Mark! The employer is conforming with the law by giving employees breaks. But you are right, it is very odd that they will not be clocking out for the breaks. If your wife works without a break during one shift, and they deduct for a break anyway, that would be illegal. But it is also illegal for your wife not to be given breaks. HTH, and thanks for reading the blogs!~ Caitlin

  9. Bill NY Says:

    Is a part time bank employee who works 10am to 2pm entitled to a break because their shift spans over the normal lunch hour? Thank u

  10. Caitlin Says:

    Hi Bill! No. New York has a variety of lunch laws for different industries, but none of them covers an employee who is scheduled for a shift shorter than 6 hours. HTH, and thanks for reading the blogs!~ Caitlin

  11. Tony Correlli Says:

    I work for a company that is contracted out to run a NYS Operations Center that has 3 seperate shifts , which are all 8 hours in total. We have been told by the client that we are NOT entitled to any breaks. Are we entitled to a 30 min break ? If so am I to understand that we will not be paid for that break ? So basically you would have to work an 8hr 30 min day to get paid for 8 hrs. Or work 8 hrs with a 30 min break and only get paid for 7 hrs 30 mins.

  12. Juan O. Says:

    Hi, I work a 12 hour shift, 7am-7pm, 4 days on, 4 days off, Operations Manager for a 747 cargo airline. What am I entitled to as far as lunch and other breaks. Thanks, Juan

  13. Caitlin Says:

    Hi Juan! For a complete answer, post your question on our sister site at http://www.laborlawtalk.com. HTH and thanks for reading the blogs!~ Caitlin

  14. jeff Says:

    if i worked from 6am-6pm in a retail mall store what break am i entitled to. i only recieved a 30 minutes lunch break

  15. Caitlin Says:

    Hi Jeff! A 30-minute lunch break was appropriate. If you had worked later than 7pm, you would have been entitled to an additional 20-minute meal breal. HTH, and thanks for reading the blogs!~ Caitlin

  16. Erin Says:

    Just to verify this whole 30 vs 45 for retail positions in the state of NY. I know it is required to take a 30min lunch if you work over 6hrs but is it required that it be 45 or allowed? I ask because most places give you 30 but then i heard that its required to be 45mins so is it 30mins or 45mins.

  17. Caitlin Says:

    Hi Erin! The law is that retail employees must be given a 30-minute unpaid break when the employee works 6 hours or more, over the noon period. An additional, separate break of 20 minutes is required if the employee begins work before 11 am and continues past 7 pm. However, this is the minimum break that the employer MUST provide. Some employers may choose to provide longer breaks, and can even discipline or terminate an employee who does not comply. The article above makes New York break laws pretty clear. HTH and thanks for reading the blogs!~ Caitlin

  18. louis Says:

    I work for a jewelry manufacturer in the creative arts dept. I work 7 hours a day 21 hours a week. There are many times I do not take 45 minutes for lunch, plus there are times I cannot take lunch. Yet HR still deducts for lunch from my pay. What is the law?

  19. Caitlin Says:

    Hi louis! The law is that a non-exempt employee must be paid for all time worked. If you are an exempt creative professional, your salary remains the same whether you take a break or not. The New York law requires that you be given a meal break.HTH, and thanks for reading the blogs!~ Caitlin

  20. abake t Says:

    concerning pharmacist in retail chains, in a 15 hours shift from 7am to 10pm underground, could we step out for 15 mins to get fresh air without closing the pharmacy… company does not want us to leave store….

  21. Caitlin Says:

    Hi abake! No, there is no law in New York or any other state that employees must be permitted to leave the store during the shift. Even in states like New York that require meal or rest breaks, the employer can require that the employee remain on the premises. An employee who does not can be disciplined or terminated. HTH, and thanks for reading the blogs!~Caitlin

  22. Hannah Says:

    Hi caitlin.
    I work a 6:30am-2:30pm shift monday-friday. I lifeguard at a hotel pool. They say my break is when i have no swimmers however we have members from the area and they are always in the pool. Today I got out of my lifeguard chair twice but they were only for 2 min because i had to call someone down so i could go to the bathroom. I dont think any of this is right. the entire hotel has lunch breaks but the guards.

  23. Caitlin Says:

    Hi Hannah! You are right. Contact the New York Department of Labor to file a complaint. HTH, and thanks for reading the blogs!~ Caitlin

  24. Caitlin Says:

    Hi Tony! New York has the most complex meal break laws of any state, and they vary by industry. Consult the NY Department of Labor for an opinion on your situation. However, in many cases a meal break of more than 20 minutes can be unpaid. HTH, and thanks for reading the blogs!~ Caitlin

  25. Justified Says:

    Lets see if I can comment on this with my brand new itouch…

  26. Caitlin Says:

    Welcome, Justified!~ Caitlin

  27. Jeff Perez Says:

    Question … while it might be offered – what if an employee does not wish to take a meal break?

  28. Caitlin Says:

    Hi Jeff! While some states have a provision that allows an employee to decline a meal break in writing, New York does not. So if the employee declines the meal break, the employer has broken the law. Our recommendation is that you discipline or fire any employee who does not take a meal break. HTH, and thanks for reading the blogs!~Caitlin

  29. Lucy Says:

    I work 8 hours a day with a paid lunch but I start at either 10am or 11am and I have my first 15 min break an hour later then my lunch the next hour then my next break 2.5 hours later then my next break 3.0 hours later
    ex: start 10am / break 11am / lunch 12:15pm / break 2:15pm / end of day is 6pm
    ex: start 11am / break 12am / lunch 1:15pm / break 3:15pm / end of day is 7pm
    Is it required to have a lunch break between a certain time each day if you start at 10am or at 11am

  30. Caitlin Says:

    Hi Lucy! Yes, New York law requires that if you start before 11 am, your lunch break be complete before 2 pm. Apparently the New York lawmakers assumed that everyone would want to eat lunch at about noon, regardless of the hours they worked. We agree that it would be better for you to have a break between 2:30 and 6, and skip the break before lunch. However, be aware that New York law does not require the employer to give you any rest breaks — only a meal break. HTH, and thanks for reading the blogs!~ Caitlin

  31. SueAnn Says:

    I work for NY State and I work two 12-14 hour days and one 7 hour day,am I entitled to two 15 min. paid breaks on my long days.

  32. Caitlin Says:

    Hi Sue Ann! No, New York does not have a law that requires short rest breaks for any employee. You may be entitled to rest breaks under a union contract or company policy.

    New York does have extensive meal break laws. Assuming you are a covered employee and you start work before 11 am, you are entitled to a 30-minute meal break around noon and an additional 20-minute meal break in the evening on your two long days. Both meal breaks can be unpaid. HTH, and thanks for reading the blogs!~ Caitlin

  33. Gus Says:

    If a person works a ten hour shift from either 5:30 am through 4:00 pm or from 7 am through 5:30 pm, what rest breaks and meal breaks are they entitled to by law?

  34. Caitlin Says:

    Hi Gus! The New York employee is entitled to one 30-minute meal break between 11 am and 2 pm.In New York, an employee in general industry who works a shift of 6 hours or more over the noon hour is entitled to a 30-minute meal break. If the employee works until 7 pm, he or she is entitled to an additonal 20-minute meal break between 5 pm and 7 pm. However, if the employee gets off before 7 pm, no additional meal break is required.
    The state requires longer breaks for factory workers, and workers in some other occupations. New York has no law that requires employers to give workers short rest breaks. HTH, and thanks for reading the blogs!~ Caitlin

  35. Kristen Says:

    Hi, My job is a Union Job. We are entitled to an unpaid half hour break, and 2 unpaid 15 minute breaks for an 8 hour shift. Problem is that we work in a store that is open to the public and now we have been told we are not allowed to take our name badges off at all on the building. So if I wanted to shop on my break or walk around the store, I would have customers asking me questions. I do not wish to help members on my own time and I feel this violates my right to an uninterupted meal period. Should I have to wear a nametag and therefore represent this company when i am off the clock, or even on a paid break?

  36. Caitlin Says:

    Hi Kristen! This is lawful, as long as you have the option of taking your break uninterrupted in a space other than the sales floor of the store. There is no New York or federal law that specifically protects the employees right to shop in the store where she is employed, during her break.
    Because you are a union employee, you should check with the union to see if they can offer additional protection. HTH, and thanks for reading the blogs!~ Caitlin

  37. Cindy Says:

    My Daughter works for a convenience store from 2pm -10 pm according to New York state law what kind of meal break should she be getting? She has been having problems getting any breaks because her manager leaves her out front alone and goes into the office ignoring her.

    Cindy

  38. Caitlin Says:

    Hi Cindy! A New York employee who works 2 pm to 10 pm in general industry is entitled to a 45-minute unpaid meal break at about the midpoint of the shift, about 6 pm.
    State law does permit the unpaid meal break to be shorter in some cases. And, when an employee is the only one in her occupation scheduled for the shift (as with a convenience store clerk) the employee may take a paid meal break, eating while on duty. However, if the emloyee requests an uninterrupted meal break, she must receive it. HTH, and thanks for reading the blogs!~ Caitlin
    Read more about this at: http://www.labor.ny.gov/workerprotection/laborstandards/employer/meals.shtm

  39. rodney Says:

    I work 10 day from 5 am to 3:30 pm. i usually take my lunch at 12pm. Now my employer tells me that i have to take my lunch break before 6 hours worked . So if i come in at 6 i must take my lunch break no later than 11am.Is this really the law or could i take it at 12pm ?

  40. rodney Says:

    I work 10 hr day from 5 am to 3:30 pm. i usually take my lunch at 12pm. Now my employer tells me that i have to take my lunch break before 6 hours worked . So if i come in at 5am i must take my lunch break no later than 11am.Is this really the law or could i take it at 12pm ?

  41. Caitlin Says:

    Hi Rodney! The New York law requires only that an employee who works your shift take a meal break of at least 30 minutes. However, your employer can require that you take a meal break at 11 am or earlier and discipline or terminate you if you refuse to comply with this company policy. HTH, and thanks for reading the blogs!~ Caitlin

  42. Caitlin Says:

    Hi rodney! State law is the minimum requirement that the employer must follow, but an employer can impose a more strict policy if they like. New York law does not specify that you must take your break within 6 hours of starting, but the employer can require this. HTH, and thanks for reading the blogs!~ Caitlin

  43. John Says:

    If an employee works a 12 hour shift…6am-6:30 pm, what breaks is he/she entitled to by law?

  44. Caitlin Says:

    Hi John! A New York factory employee is entitled to a 60-minute meal break when working 6:00 am to 6:30 pm.

    An employee in any other industry is entitled to a 30-minute meal break when working that shift. If the shift extended past 7 pm, the employee would be entitled to an additional meal period of 20 minutes or more. HTH, and thanks for reading the blogs!~ Caitlin

  45. tony Says:

    what about an employee who is working a shift 5pm to 1 am for a fast food resturant. when is he or she should have a break.

  46. Caitlin Says:

    Hi tony! That employee would be entitled to a 45-minute meal break at 9 pm. A New York employee who works a shift of 6 hours or more, beginning between 1 pm and 6 am, is entitled to a 45-minute meal break at the middle of the shift. If the employee works in a factory, the meal break must be an hour. HTH, and thanks for reading the blogs!~Caitlin

  47. Robert Says:

    I work at an auto auction. I work as a driver and most Fridays as a gate guard. As a guard I find myself working 7 to 9 hours with no relief for restroom or lunch. Im usally in the guard shack at 8:45 am and leave at 2:45 or 3:30. Am I entitled to a lunch break and rest room break? And if so how often. Also I deliver and return cars to the auction. And when we are out driving the employer forces us to take half hour break Mon thru Thursday only and deducts from your hours. H.R. At one point said we dont have to give you no breaks period on Auction days. Does this sound right to you? Breaks if you drive. Times are about the same as gaurd shack time. No breaks or lunch on auction days this has been like this for 3 years Ive been there. Also I am hired thru a temp agency and have been temp for three years while others after me have been taken to full time same hours.. within a month of being hired. All time cards have new names I dont know and im still a temp how long can you be kept a temp? Thanks for time sorry this was long but definitely need the answers.

  48. Caitlin Says:

    Hi Robert! Federal OSHA worker safety regulations require that employees be permitted to use the toilet “when nature calls.” So yes, you are entitled to a bathroom break when you are working the guard shack.
    The employer can require that you take an unpaid meal break on days you are driving. Most New York employees are entitled to a meal break of 30 minutes or more sometime between 11 am and 2 pm. Contact the New York Department of Labor at http://www.labor.state.ny.us/workerprotection/laborstandards/employer/meals.shtm for info about meal breaks for a security guard.
    There is no law that an employer ever has to hire a temp worker as a permanent employee. They can keep you on the job for 20 years as a temp. If they are basing their hiring decisions on race, color, sex, religion, national ancestry, etc. that would be illegal but if not, you could remain a temp forever. HTH, and thanks for reading the blogs!~ Caitlin

  49. Chris Says:

    My 17yr old son who is still in h.s. works in the fast food business in N.Y.He works a weekend shift of 8a.m. to 3p.m. and has his 1/2 hr. unpaid break at 9:40a.m. and then works straight through till 3p.m.with no rest breaks in between is this legal? Usually on a 6hr or more shift he gets his break within the first 2 hours. What is the NY law for a 17yr olds and their breaks. Would their lunch HAVE to be between 11am and 2pm. Thanks for your time.

  50. Caitlin Says:

    Hi Chris! Yes, the New York law for employees of any age requires that the meal break be between 11 am and 2 pm. We are not aware of any exceptions that would permit an earlier break, especially a break as early as you indicate. For more info, contact the New York Department of Labor at http://www.labor.state.ny.us/workerprotection/laborstandards/employer/meals.shtm. New York does not require additional rest breaks for workers. HTH, and thanks for reading the blogs!~ Caitlin

  51. Robert Says:

    As a driver at an auto auction working 7 to 8 hours on auction day. Am I entitled to a lunch break during the time the auction is goin. Their are about 50 poeple working at the time we all work non stop until the auction is complete. start time 7am to end at 2 or 3pm
    thanks.

  52. Caitlin Says:

    Hi Robert! Almost all employees in New York are entitled to a 30-minute break on a shift of 6 hours or longer. Contact the New York Department of Labor at http://www.labor.state.ny.us/workerprotection/laborstandards/employer/meals.shtm for more info. HTH, and thanks for reading the blogs!~ Caitlin

  53. Bill Says:

    Hi Caitlin,

    I work for a semiconductor manufacturer in East Fishkill, NY. I work a 10 hr. shift, Tuesday through Friday beginning at 4pm and ending at 2:30am. Could you please tell me what breaks and lunches I am entitled to?

    Best regards!

  54. Caitlin Says:

    Hi Bill! New York has the most complicated meal break laws in the nation, based upon occupation. You should contact the New York Department of Labor for a reading on your situation. You are entitled to a meal break of 20 to 30 minutes, unless you are the only person in your occupation on the shift. If you are working in a factory, you may be entitled to a meal break of 60 minutes. The meal breaks can be unpaid. HTH, and thanks for reading the blogs!~ Caitlin

  55. Tammy Says:

    Are employees allowed to shorten their lunch breaks so that they can leave earlier. Assume this is a 9am to 5pm job in an office setting.

    Thanks!!!

  56. Caitlin Says:

    Hi Tammy! The short answer is “no.” There is no New York or federal law that gives an employee the right to take a shorter lunch break. And even if the employee opts to take a shorter break or skip lunch altogether, there is no law that would require the employer to allow the worker to leave early. Any employee could be disciplined or fired for leaving work early.

    In your example of an employee who works 9 am to 5 pm with a 60-minute lunch, if the employee opts to take a 30-minute lunch, she can be fired for leaving work at 4:30 pm. The work day ends at 5 pm, regardless of how long a lunch this employee takes.

    In addition, New York law requires lunch breaks of a certain length. So even if the employee wanted to take a shorter meal break, in some cases the employer who allowed it would be breaking the law. Some states permit an employee to waive his or her meal break as long as it is done in writing. New York does not. HTH, and thanks for reading the blogs!~ Caitlin

  57. Carol Says:

    Hi
    I am a nurse working in a non union hospital in NYS. I work a 12 hour night shift 7pm- 7am with most times not leaving til well after 7 am. What are the laws requiring breaks and meals for this time period. I am frequently finding myself eating on the run or not being relieved of patient care while eating and then being intimidated about asking to be paid for my lunch. Conversely I have been offered my lunch at say, 0430 AM without having had any other breaks during the shift and then having that time deducted from my pay. Common train of thought for some on the unit is that we work in an area that can sometimes be very busy or there can be times of an hour or so down time depending on your patient assignment. Sometimes you can be the one who is busy all night long while others sit or you can have an hour of no patient assignment. That time can be right when your shift begins or toward the end of your shift as stated above. What should my expectation be regarding this. I am on my feet constantly throughout the shift. Would like to know what my legal rights are. Thanks for any reply.

  58. Caitlin Says:

    Hi Carol! New York has the most complex meal break laws of any state, partly because they are divided according to occupation. For example, factory workers are entitled to a mandatory 60-minute meal break, while other workers may be entitled to just 20 or 30 minutes.
    However, in every case, you are entitled to payment for all the hours you work. If you work 7 am to 7 pm without a meal break, you are entitled to payment for 12 hours.
    Most employees in New York are entitled to a 30-minute unpaid meal break on each shift. The employer can determine when you will take the meal break, within reason.

    There are two execptions under the New York meal break law that may affect you. First, when a person is the only one qualified to perform his or her duties on a shift, the employer is not required to give a meal break. For example, if you were the only nurse on duty in a specific ward, or the only x-ray technician on duty in a hospital, the employer could require that you work the entire shift without a meal break.

    Second, patient safety trumps meal breaks. If taking a meal break will endanger patients, then the employer is not required to give you a meal break.

    However, in both of these instances, you are entitled to payment for the entire 12 hours because you did not take a meal break.

    So there are really two issues here: Not being relieved for a genuine meal break and not being paid for all hours worked.

    We recommend that you phone the New York Department of Labor and get their opinion on your unique circumstances with regard to a meal break — if you are entitled to one, how long and at what time.

    However, you should approach the HR department of the hospital about the fact that you are not being paid for all the time you are working as required under the federal FLSA and New York wage payment laws. If these problems persist, you should file complaints with the New York State Department of Labor. HTH, and thanks for reading the blogs!~ Caitlin

  59. michael Says:

    If a lifeguard is working a one-guard shift (2pm to 10pm) and agrees to do so. The owner pays the entire day (8 hrs) and allows the lifeguard to order food that is delivered to the lifeguard, who is also allowed to eat on the job. Bathrooms are reachable. Is this legal?

  60. Caitlin Says:

    Hi Michael! Yes, this is lawful if the employee voluntarily agrees to this arrangement, and is working alone on the shift.
    Section 162 of the New York state labor laws requires that any employee working more than 6 hours on a shift that begins at 1 pm or later, and ends by 6 am, be given a 45-minute meal break. The meal break can be unpaid if the employee is relieved of all duties. If there are 2 or more lifeguards on the shift, by law they must take the meal breaks.
    The other arrangements you mention are immaterial and unnecessary. Simply paying for an employees lunch does not allow the employer to deny the employees right to a meal break. If the employee works the full 8 hours, by law the employer must pay him or her for all time worked, but that does not make skipping meal breaks lawful. A lifeguard who remains on watch while eating is always entitled to payment for that time.
    However, an exception to Section 162 permits an employee who is working alone to voluntarily waive the meal break. So if this employee desires a meal break, by law the employer has to provide it. But the lifeguard working alone can voluntarily agree to waive his or her meal break, without the employer breaking the law. To be on the safe side, you should have the employee sign a waiver that he is voluntarily foregoing the meal break, and understands that he can change this arrangement at any time.
    Note that there is no law that you, as an employer, MUST permit the solo employee to waive his meal break. You can require that the lifeguard take a meal break even if he is working alone. If no one is available to relieve him, you can require that the lifeguard take a 45-minute on-duty meal break and be paid for that time. HTH,and thanks for reading the blogs!~ Caitlin

    Read more about this at the bottom of this page: http://www.labor.ny.gov/formsdocs/wp/LS443.pdf

  61. Yolando Brzycki Says:

    Nice read, I just passed this onto a friend who was doing a little research on that. And he just bought me lunch since I found it for him smile Therefore let me rephrase that: Thanks for lunch!

  62. Nick Says:

    Hi Caitlin,
    My wife works for the big “International Employment Company” as a temporary worker. She is working in a factory setting that prepares documents and mailings for large corporations. My question is, her shift runs 12pm to 8pm, often having to stay until 9pm- which break rule applies to her? The lunch break prior to 2pm or the break halway through the shift?
    Also would working as a temporary employee would she be exempt from recieving the NY State Notice of Pay at the time of employment?

  63. Caitlin Says:

    Hi Nick! Based on your post, it appears your wife is entitled to a meal break half way between the beginning and ending of her shift. You refer to the workplace as a factory, but since it does not actually manufacture a product, we are doubtful if it meets the test for a factory under the New York state break laws.

    To answer your second question, even temporary employees are covered by the New York Wage Theft Protection Act and entitled to wage notification in writing at the time of hire and annually, on or before Feb. 1st of each year. However, that law did not go into effect until April 2011. Your wife is entitled to notification from the company that employs her (which may be a temp company or employment agency, rather than the business.) HTH, and thanks for reading the blogs!~ Caitlin

    Read more about New York Break Laws at: http://www.labor.ny.gov/formsdocs/wp/LS443.pdf

    Read more about the New York Wage Theft Protection Act at: http://www.labor.ny.gov/workerprotection/laborstandards/PDFs/wage-theft-prevention-act-faq.pdf

  64. Caitlin Says:

    You are very welcome, Yolando! ~Caitlin

  65. John do Says:

    I work in NY on a construction site. My days are very easy and honsetly, most of the day is a break…. however, i work from 530 to 300pm and we have NO uninterupted break/lunch time of any sort. I was billing the entire day since i was working the entite day…. my client said that he is sure we eat during the day and mandated us to subtract 10 minutes from our hours each day…. i have a medical condition that is worsening due to this… i need to eat and take meds at certain times that i used to do during my break or lunch…. i used to make a couple phone calls but now get in trouble..if i had a break like everyone else this would never be a problem… i also cant leave the site because we are required to be here all the time…. something seems not right here. This must be illegal. What are my options?

  66. dale Says:

    I work in ny for a security company they say we get one 30min break per 8hr shift, when i work the morning shift from 6am-2pm i get my break at 1030, and if i work the eveing shift which is from 2pm-10pm i get my break at 730 so when i do a double it is 7hrs between breaks. So am i entitled to more than just those two breaks.

  67. hrlady Says:

    Hi Dale,

    New York Law states:

    An employee who works a shift of more than six hours starting before 11 AM and continues until 2 PM must have an uninterrupted lunch period of at lease a half an hour between 11 AM and 2 PM. New York does not give any requirement for additional breaks due to overtime. Federal law and OSHA laws do not address additional breaks either.

    You did state that you are given a second break around 7:30 PM. You may want to address an earlier break with your supervisor, however your supervisor does not have to provide an additional break.

    Thank You for reading the HumanResourceBlog.com

  68. EDR Says:

    Hello
    I work in an office environment. On a very busy day, I worked from 10:30 AM until 6:45 PM. I chose not to take a lunch. Am I entitled to add 30 minutes to my leave time? Is my employer allowed to deduct 30 minutes even though I did not take a lunch?

  69. hrlady Says:

    New York labor law states, “An employee who works a shift of more than six hours starting before 11 am and continues until 2 pm must have an uninterrupted lunch period of at least half an hour between 11 am and 2 pm”.

    Meal periods do not count as work time, therefore employers do not need to pay for that time. If you choose not to take a lunch period, you should speak to your Human Resource department. By law, you are required to take a lunch and it is important that your employer follow state law.

  70. Ingrid Says:

    I work at a store that will have extended hours the next two weeks for back-to-school shoppers so some shift will be very long. Generally we are given just a 30 min lunch break, but a few of my shift this coming week will be 11 to closing which is 9 pm. This means I will be working 11- 9:30 or 9:45 ish. Am I entitled to either a longer lunch break or a separate rest break?

  71. hrlady Says:

    Hi Ingrid,

    Federal Law does not require lunch or coffee breaks. However, some states do require breaks or lunch periods after a certain period of time worked.

    You can check with your states department of labor to see the exact requirement for breaks or lunch periods.

    Thank you for reading the Humanresourceblog.com

  72. gee Says:

    If I dont take a lunch break, is my job allowed to dock my pay for the hour?

  73. hrlady Says:

    Hi Gee,

    New York state labor laws require every person in New York employed in or in connection with a factor shall be allowed at least sixty minutes for the noonday meal. Every person employed in or in connection with a mercantile or other establishment or occupation shall be allowed at least thirty minutes for the noonday meal.

    The only time an employer cannot follow the law is if the employer files with the commissioner to permit a shorter time for meal periods. The filling must be in writing and shall be kept conspicuously posted in the main entrance of the workplace. In addition, shorter meal periods of not less than 30 minutes may be given in a case of a hardship to employees. A meal period of not less than 20 minutes will be permitted only in special or unusual cases after investigation and issuance of a special permit.

    Because of the New York rules on breaks and meal periods, an employer must give a meal period. Therefore, your employer must you a meal period that is unpaid for.

    Thank you for reading the Humanresourceblog.com.

  74. Lynne Says:

    reguarding breaks in nys.our shifts are 4hrs.,6hrs.,7hrs.and 8hrs.long in a retail bakery.what are the specific laws for these hours worked? thank you!

  75. hrlady Says:

    Hi Lynne,

    New York State has its own established rules on breaks and meal periods. The U.S. Department of Labor does not require employers in any state to give breaks or meal periods. Some states have established their own rules like New York.

    New York states that employee’s must be allowed at least thirty minutes for the noonday meal. The noonday meal period is recognized from 11:00 a.m. in the morning to 2:00 pm in the afternoon. Any employee who works a shift of more than six hours which extends over the noonday meal period is entitled to at least 30 minutes off for a meal period. Every person employed for a period or shift starting before 11:00 a.m. and continuing later than 7:00 p.m. shall be allowed an additional meal period of at least twenty minutes between 5:00 p.m. and 7:00 p.m. in the evening.

    Thank you for reading the Humanresourcesblog.com

Leave a Reply





  • [ Back ]
  • WP-SpamFree by Pole Position Marketing

Home Ask a Question Archives

© 2008 HumanResourceBlog.com, All Rights Reserved