Labor Law - Breaks & Meals New York

New York Meal Period Law (Factory Workers)

Summary

Factory employees must receive a 60-minute noonday meal break, plus an additional 20 minutes for specific long shifts.

Rights & Rules

01.
Right to at least 60 minutes for a noonday meal break if working in a factory.
02.
Right to an additional 20-minute meal period between 5 PM and 7 PM if working a shift of more than 5 hours that starts before 11 AM and continues past 7 PM.
03.
Meal periods generally do not need to be paid if you are completely relieved of duty.

Penalties

01.
Employers may face civil penalties for violations of meal period requirements.
02.
Employees may recover unpaid wages or compensation if the break was unlawfully denied or improperly unpaid when they were not relieved of duties.

Verified Citations

New York Labor Law Section 162 (1, 4)

"1. Every person employed in a factory, except as herein otherwise provided, shall be allowed at least sixty minutes for the noonday meal."

New York State Department of Labor: Meal Periods

"Employees in factories must be allowed at least 60 minutes for the noonday meal period."