by Carlee Northrup, on Jul 6, 2023, 4:43:14 PM
New York break laws are the rules and regulations employers are required to follow for employee breaks from work. Use this employer guide to get a better understanding of New York State break laws and legislation, and how to maintain compliance.
Employee break rules are part of a broader set of New York Labor Laws. A core component of these is the federal and state wage & hour laws, which not only include requirements across paying employees like minimum wage and overtime, but also around work time for employees, or in this case, employee breaks from work - whether paid or unpaid.
New York State Break Laws Overview
While New York employers are required to offer employees time off for meal breaks within certain timeframes based on employee schedules, rest breaks are not required in the state. However, any rest breaks that are provided to employees must be compensated and counted as working time.
Employers must also offer express milk breaks for nursing mothers, meeting certain requirements.
New York businesses that are struggling with giving employees the breaks needed may want to learn more about employee scheduling software and how it can help maintain both productivity and compliance.
Additionally, to keep up with New York's labor law requirements, employers should have postings and notifications regarding break laws. With a labor law poster subscription service, employers can receive up-to-date and compliant posting requirements for each business location in the state automatically.
Employee Rest Break Requirements
What are the New York Rest Break Laws?
Rest breaks are defined by Federal Regulation 29 CFR §785.18 as rest periods with a short duration, running from about 5 to 20 minutes. Although employers in New York are not required to offer rest breaks, those that do offer rest breaks must count the time as “time worked”.
This means rest breaks are required to be paid in New York if they are offered. It's important to note that employee break pay for rest periods may not be offset against other working time, compensable waiting time, or on-call time.
Break Exceptions
Extensions of a break beyond the agreed upon length that are not authorized do not need to be paid by the employer, so long as the employer has made the following known:
- The authorized break may only last for a specific length of time
- Any extension of the break is contrary to the company's rules
- Any extension of the break will be punished
New York Day of Rest Law
The “Day of Rest” law requires employers in the state of New York to provide employees with a minimum of 24 consecutive hours of rest for any calendar week.
Employers can apply for a variance from the Day of Rest requirement through the state’s online portal: the Management System for Protecting Workers' Rights (MPWR). If an application is approved, employers must agree to specific alternative conditions in compliance with the New York Department of Labor (NYDOL).
Employee Meal Break Requirements
What are the New York Meal Break Laws?
Employee meal breaks are required to be at least 30 minutes if an employee works six hours or more anywhere throughout New York state.
The minimum amount of break time(s) employers must provide depends on the length of an employee's shift and when the shift is scheduled, or more specifically, when the time worked by the employee occurs.
Meal breaks are not required to be paid, and meals may take place on or off work premises at the discretion of the employer.
Types of Meal Breaks
- 30-Minute Lunch Break - If an employee works 6 hours or more of a shift between the hours of 11:00 am and 2:00 pm, the employee is entitled to a lunch break of at least 30 minutes.
- 45-Minute Meal Break - If an employee works 6 hours or more of a shift between the hours of 1:00 pm to 6:00 am, the employee is entitled to a 45-minute meal break at the midway point of the shift.
- 20-Minute Additional Meal Break - if an employee works a shift that starts before 11:00 am and ends after 7:00 pm, the employee is entitled to an additional 20-minute meal break that takes place between 5:00 pm and 7:00 pm.
Meal Break Exceptions in New York
Length of Break Time Provided
The NYDOL can permit shorter meal breaks for breaks that are supposed to be over 30 minutes (with 30 minutes being the absolute minimum) as long as there is no indication of hardship to the employee(s).
In some special cases, a meal period of 20 minutes will be permitted only after investigation and issuance of a special permit by the New York DOL.
New York employers must apply for shorter meal periods.
One Employee Shift Exception
Businesses where it is common to have only one employee working at a time often have employees eating “on the job".
This is acceptable so long as the employee consents. If an employee does not consent, an uninterrupted meal break period must be given.
Consent must be in writing and before the employee is hired or before his or her first uninterrupted meal period is given up. Consent must demonstrate:
- The nature of the industry in which the employer operates necessitates one-employee shifts
- That meal periods may be interrupted
Can an Employee Waive a Meal Break in New York?
Employees may consent to waive a meal break in exchange for additional breaks and meal periods scheduled at other times if the following conditions are met:
- The operational needs of the industry make strict compliance with the meal period provisions impractical
- The waiver was obtained openly and knowingly, absent of duress or coercion, through good faith negotiations
- The employees received a desired benefit through the negotiations in return for such a waiver
Meal Breaks for Factory Workers in New York
Throughout New York State, factory workers are entitled to a 60-minute lunch break between 11:00 am and 2:00 pm AND a 60-minute meal break at the midway point of the shift, if it lasts longer than 6 hours and starts between 1:00 pm and 6:00 am.
Additionally, New York factory workers are 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.
What is a Factory Worker?
Employees engaged in the maintenance and or operation of a factory, and those with the primary duties take place in the listed locations are considered to be factory workers. The term factory can describe mills, workshops, and other manufacturing establishments. Furthermore, it includes all buildings, sheds, structures, or other places used for or in connection with these establishments.
Factories do not include any dry dock plants engaged in making repairs to ships, powerhouses, generating plants, and other structures owned or operated by a public service corporation.
Express Milk Breaks
All employers in New York must grant nursing mothers 30-minute paid rest breaks in order to express milk, for up to three years following childbirth. Breaks must be offered to both in-office and remote employees and must be granted as needed. Employees are not required to continue working during express milk breaks, but can voluntarily choose to do so.
Employees may choose to take shorter breaks if desired. Extra time can be taken from an employee’s meal and rest breaks if needed. Nursing employees are not required to make up for time lost when taking an express milk break; the employer must reasonably accommodate the employee with as many paid breaks as needed.
However, before taking such breaks, employees are required to give the employer reasonable notice that express milk breaks will be needed, preferably before returning to the workplace if the employee is on leave. This way, the employer has time to make any necessary preparations.
Employers should ensure compliance with all New York State Lactation Accommodation Requirements, in addition to offering the required breaks.
Get Assistance with New York State Break Laws
It is important to have an efficient process or time and labor management solution in place to manage employee breaks - everything from tracking break entitlements and actual time taken for breaks to identifying coverage for employees that go on break.
While the New York DOL has created resources like the meal and rest period FAQs, managing employee meal and rest breaks can not only be a challenge from a compliance perspective, but from a productivity and profitability point of view as well. Support with managing employee breaks easier can always come in the form of a New York payroll and HR service provider.
Contact us today to find a provider, or get connected with a New York HR provider now.
Guest Author: Carlee Northrup
Carlee Northrup is an HR Manager with over 12 years of experience at EBC HR & Payroll Solutions, a leading New York Payroll and HR provider, serving businesses throughout New York State and beyond. She began her career specializing in employee benefits administration and client support, helping organizations navigate benefits, compliance, and employee relations matters. Throughout her tenure at EBC, Carlee has worked closely with employers across a variety of industries, providing guidance on HR best practices, employee relations, leave administration, workplace policies, performance management, and regulatory compliance. After spending more than a decade supporting clients in a benefits management capacity, she transitioned to the Human Resources division, where she now serves as a trusted advisor to organizations on a wide range of HR matters. Carlee is dedicated to helping employers build compliant, effective workplaces while providing practical solutions to everyday HR challenges. Her hands-on approach and commitment to client service allow her to develop strong partnerships and support organizations in achieving their business and workforce goals.
