Requirements for Meal and Rest Breaks in New York: New York Wage and Hour Lawyer Explains
New York Law Requires Employees to Get a Certain Number and Length of Meal and Rest Breaks: Learn What They Are Here
Not many people can make it an entire workday without eating or taking a break. This is why New York Labor Law protects employees’ rights to meal breaks and rest time. There are different rules for different types of workers, but all of the rules must be complied with by the employer to avoid a wage and hour violation. This is because there are required meal and rest breaks in New York. If you believe that your lawyer it violating your rights to rest and meal breaks, call our New York City wage and hour lawyer to learn how you can protect your rights.
What is the Law and Who is Protected?
Meals and rest breaks are provided for by New York Labor Law section 162. This section of law separates different types of workers with different amounts of meal and rest periods required. It separates factory workers, non-factory workers, and also provides a provision applicable to all workers. Other sections of law in the same article, or grouping of sections, provides requirements for other types of workers too.
Even though the New York Labor Law separates the types of workers, it does not differentiate between the private and public sector. Indeed, this law applies to all private and public sector employees equally who work in New York State. Even small businesses are bound by the rest and break requirements.
Factory Workers – Employers must provide factor workers with a 60-minute lunch break to be taken between the hours of 11AM and 2PM. It the shift starts between 1PM and 6AM and is more than 6 hours long, employers must also provide a 60-minute rest approximately midway through the shift.
Non-factory Workers – Employers must provide non-factory workers to a 30-minute lunch break between 1AM and 2PM for shifts that are 6 hours or longer. For shifts between 1PM and 6AM that are 6 or more hours, employers must provide a 45-minute meal break at some time midway through the shift.
All Workers – In addition to the meal breaks noted above, all workers are entitled to an additional 20-minute rest or meal break between 5PM and 7PM for workdays that extend from before 11AM to after 7PM.
Were Your Rights to Meal and Rest Breaks Violated? Call SAMUEL & STEIN to Learn Your Rights Today
The experienced New York City wage and hour attorneys at SAMUEL & STEIN are dedicated to asserting and defending the rights of employers and working people throughout New York and New Jersey. We have the resources, experience, and knowledge necessary to ensure your legal rights are protected and you are not taken advantage of. Call us today by dialing (646) 480-2149 or use the convenient “Evaluate Now” box on our webpage. Together we can help answer your questions and protect your rights.