Index
New York Meal Period Law (Non-Factory Workers)
Summary
Non-factory employees working over 6 hours covering noonday must get 30 minutes. Additional 20 minutes for specific long shifts.
Rights & Rules
- 01.Right to at least 30 minutes for a meal break if working a shift of more than 6 hours that extends over the noonday meal period (11 AM to 2 PM).
- 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 (2, 4)
Source"2. Every person employed in or in connection with a mercantile establishment or in a restaurant ... shall be allowed at least thirty minutes for the noonday meal."
New York State Department of Labor: Meal Periods
Source"Employees in non-factory establishments working a shift of more than 6 hours that extends over the noonday meal period (11 AM to 2 PM) must be allowed at least 30 minutes for the meal period."