(650) 332-8623New York Break Laws: Meals, Rests, and More (2025)
Discover New York’s meal and break laws, including employee rights, employer obligations, penalties, and compliance tips for a fair workplace.
Understanding New York Break Laws
Meal Breaks
Laws in New York Governing Meal Breaks
New York’s meal break laws are outlined under Section 162 of the New York State Labor Law, establishing specific requirements for factory and non-factory workers:
Factory Employees:
- Must be provided with a 60-minute noonday meal break between 11 a.m. and 2 p.m.
- For shifts lasting more than six hours that start between 1 p.m. and 6 a.m., factory employees are entitled to a 60-minute meal break in the middle of the shift.
- If the shift extends from before 11 a.m. to after 7 p.m., they must receive an additional 20-minute meal period between 5 p.m. and 7 p.m.
Non-Factory Employees:
- Must receive at least a 30-minute noonday meal break between 11 a.m. and 2 p.m. for shifts over six hours.
- If working more than six hours starting between 1 p.m. and 6 a.m., they are entitled to a 45-minute meal period.
- For shifts that extend from before 11 a.m. to after 7 p.m., non-factory employees are entitled to an additional 20-minute meal period between 5 p.m. and 7 p.m.
Shorter Meal Periods:
Employers may apply to the Department of Labor for permits allowing shorter meal periods in special cases. Generally, shorter meal breaks cannot be less than 30 minutes, except in exceptional cases, where breaks may be reduced to 20 minutes with proper investigation and approval.
One-Employee Shifts:
For single-employee shifts, workers may eat on the job if the nature of the role necessitates it, provided the employee consents voluntarily. Employers must inform employees that the shift necessitates working through breaks and document their consent.
Rest Breaks
Laws in New York Governing Rest Breaks
New York labor laws do not specifically mandate rest breaks. However, if an employer chooses to offer rest breaks of 5–20 minutes, these breaks must be considered paid time, aligning with federal law. Commonly, rest breaks are short and used for activities like coffee breaks, making phone calls, or taking brief pauses.
Day of Rest
Laws in New York Governing Day of Rest
Under Section 161 of the New York Labor Law, certain employees are entitled to at least 24 consecutive hours of rest in any calendar week. This applies to:
Key Provisions of Section 161:
- Factory, Hotel, Restaurant, and Elevator Workers: Must be provided a full day of rest each calendar week.
- Entertainment Industry Staff: Employees involved in motion picture showings and theatrical productions must receive a day of rest, except for roles requiring continuous work like engineers or firemen.
- Building Maintenance Workers: Janitors, superintendents, and engineers working in various types of buildings must receive a full day of rest each calendar week.
- Domestic Workers: Must receive at least 24 consecutive hours of rest weekly, with an additional three paid rest days annually after a year of service.
- Farm Laborers: Must receive 24 consecutive hours of rest weekly, which may coincide with traditional religious days when possible. Farm workers can voluntarilyagree to work on their day of rest in exchange for overtime pay.
What's the Difference?
Meal Breaks vs. Rest Breaks in New York
The primary difference between meal and rest breaks in New York lies in their length and pay requirements:
- Meal Breaks: Longer breaks typically 30–60 minutes in duration, often unpaid. Employees must be relieved of all duties and permitted to leave their workstations.
- Rest Breaks: Shorter breaks, generally lasting between 5–20 minutes, are typically paid if offered by the employer. They are not required by state law, but federal law mandates payment if they are provided.
Exemptions
What Type of Workers are Exempt from New York's Break Laws?
Certain types of workers and industries in New York are exempt from the break laws or have special rules applied to them. Here are the main exemptions:
- Foremen in Charge: Foremen or supervisors who are primarily responsible for overseeing operations are generally exempt from mandatory meal breaks and rest requirements.
- Employees in Small-Scale Milk Processing Facilities: Workers employed in milk condenseries, milk powder factories, milk shipping stations, butter and cheese factories, ice cream manufacturing plants, and milk bottling plants with fewer than seven employees are exempt from standard meal and break requirements..
- Workers in Continuous Industrial Processes: Employees engaged in continuous industrial or manufacturing processes, where work cannot be paused without affecting operations, may be exempt if approved by the Labor Board. This includes industries like steel manufacturing or chemical plants, where interruptions could compromise safety or production.
- Employees in the Baking Industry: Workers involved in bakeries where their duties include less than three hours of work on Sundays, such as setting sponges or maintaining fires, are exempt from the day of rest requirement.
- Resort and Seasonal Hotel Employees: Employees working in resort or seasonal hotels in rural areas or cities with a population below 15,000, where operations are seasonal in nature, may be exempt from day of rest and certain break requirements.
- Dry Dock Workers: Employees working in dry dock plants engaged in the repair of ships are not subject to standard meal break rules applicable to factory workers.
- Farm Laborers and Domestic Workers: Farm laborers and domestic workers are entitled to a day of rest but have flexibility to work on their rest days voluntarily in exchange for overtime pay. Domestic workers are also entitled to three paid rest days after a year of continuous service.
These exemptions are defined to accommodate the operational needs and unique work environments of certain industries while still maintaining fairness and safety for employees
Differences Between NY and Federal Break Laws
New York’s labor laws include specific requirements for unpaid meal periods but do not mandate rest breaks. However, employers who offer rest breaks of up to 20 minutes must count them as paid time.
Federal laws do not specify requirements for rest breaks, stating only that “bona fide” meal breaks should not be considered working time and do not need to be paid for if the employee is completely relieved of all duties.
The U.S. Department of Labor provides two primary statutes governing meals and breaks nationwide:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Understanding New York’s break laws helps employers remain compliant. These laws are more specific than federal statutes and require employers to follow clear guidelines for meal periods.
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Other Types of Breaks for Workers in New York
New York law has specific rules to ensure that minors receive appropriate breaks depending on their age group and employment circumstances:
- All minors under 18 years old, who are engaged in jobs that require school attendance, must be given a 30-minute break after working more than four continuous hours. This ensures that minors are not working extended periods without a proper rest.
- For younger minors, aged 14 to 15, New York law imposes work-hour restrictions to protect their well-being. While breaks are crucial, minors in this age group also face additional limitations on the type of work they can perform. They are restricted from working in factories and other hazardous environments but are allowed to engage in non-hazardous roles like caddying or assisting family members on farms.
Minors are entitled to these breaks regardless of whether they work in commercial roles, on family-owned farms, or in other approved settings. The aim is to balance the need for practical work experience with the protection of minors from fatigue and overwork.
Under the amended New York Labor Law, employers are now required to provide lactating employees with up to 30 minutes of paid break time each time they have a reasonable need to express breast milk. This provision applies for up to three years following childbirth. The break time is in addition to any existing paid or unpaid breaks offered by the employer, such as meal periods.
Employers must also allow the employee to combine this lactation break with other paid breaks if additional time is needed. The law ensures that employees can take breaks as often as needed, at least once every three hours, in accordance with prior Department of Labor guidelines for expressing breast milk.
Under Section 161, New York mandates that certain workers must receive at least 24 consecutive hours of rest each week. This applies to employees in:
- Factories, Hotels, and Restaurants: Employees in these industries must receive a full day of rest every calendar week.
- Building Maintenance: Janitors, engineers, and superintendents must also receive 24 hours of rest every week.
- Domestic Workers: Must receive 24 hours of rest weekly, with three additional paid days of rest annually after one year of service.
- Farm Laborers: Entitled to a day of rest weekly, which should coincide with traditional religious days whenever possible. If farm work is interrupted by weather or crop conditions, this can count as the required rest.
Recordkeeping Requirements for Breaks in New York
Employers in New York must maintain accurate records of employee breaks to ensure compliance with state regulations. Tracking employee hours includes keeping track of meal periods for all employees, especially those working shifts longer than six hours. Employers are required to document the following:
- Meal Period Records: Employers must record the start and end times of meal breaks for all hourly and non-exempt employees.
- Special Permits for Shortened Meal Breaks: If an employer has obtained a permit for shorter meal breaks, they must keep a record of the approved permit and display it at the workplace.
- Employee Schedules and Timecards: Records of work schedules and timecards showing compliance with mandated meal breaks are essential.
- Acknowledgement Forms: If an employee consents to work through meal periods (for example, in cases of single-person shifts), employers should have written consent forms as proof.
These records should be retained for at least six years to comply with New York’s retention policies and avoid penalties for non-compliance with break laws
New York Penalties for Meal and Break Violations
Compensation + PenaltiesMeal Break Violation
Employers who fail to provide required meal periods must compensate employees for the additional time worked. If this results in an employee working over 40 hours in a week, employers must pay 1.5 times the regular rate as overtime. This ensures fair compensation for employees missing their breaks.
$100 /dayLactation Break Violation
Employers who fail to provide reasonable break time or adequate facilities for expressing breast milk may face a civil penalty of $100 for each day of non-compliance. Employees are also entitled to one hour of additional pay at their regular rate for each day that lactation breaks are denied.
$1,000 – $3,000Child Labor Violation
Employers who violate child labor laws, including failing to provide mandated breaks, may face fines ranging from $1,000 for a first offense to $3,000 for subsequent offenses. If a minor is seriously injured or dies due to illegal employment, the penalty increases to three times the standard fine. Additionally, double compensation and death benefits apply under Section 14A of the Workers’ Compensation Law.
$1,000 – $3,000Day of Rest Violation
Violating New York’s “Day of Rest” law results in civil penalties ranging from $1,000 for the first offense to $3,000 for repeated violations. The penalties are assessed based on factors such as the size of the business, the employer’s good faith, and the history of previous violations. This enforcement ensures that employers comply with providing a mandatory day of rest to their employees in accordance with state labor laws.
Misconceptions About Meals and Breaks in NY
Some employees in New York may think that they can voluntarily skip meal breaks, even if they are entitled to them by law.
Employers in New York must provide meal breaks to employees based on state regulations. For example, employees working more than six hours are required to receive a 30-minute meal break. While there are some exceptions, meal breaks should generally not be waived unless explicitly allowed by mutual agreement for shorter shifts.
It’s a common misconception that employers in New York are required to offer paid rest breaks to all employees during their shifts.
New York labor law does not mandate paid rest breaks. Employers can choose to offer short rest breaks, but if they do, federal law requires that breaks lasting less than 20 minutes be considered paid time. However, these are not a state requirement for all workers.
Some employers believe they can round up or down the time for meal or rest breaks without affecting compliance in New York.
Break times cannot be rounded up or down. Employers must record the actual time spent on breaks. If an employee takes a 27-minute break instead of the required 30 minutes, it’s a violation. Employers must track and document the exact time employees spend on their breaks to ensure compliance with labor laws.
Some believe that supervisors and managers are exempt from meal break requirements in New York.
In New York, most employees are entitled to meal breaks based on their shift length. However, supervisors or foremen who are primarily responsible for overseeing operations may be exempt from these requirements. This exemption applies to certain roles explicitly mentioned in labor law, such as foremen in charge and employees engaged in continuous processes.
It is often assumed that employees in New York must leave the workplace for their meal breaks.
Employees are not required to leave the workplace during their meal breaks. They only need to be fully relieved of all work duties during the meal period. For roles like security or single-employee shifts, employees can remain on-site for their meal breaks if circumstances require it, as long as they’re not actively working.
There is a misconception that employers will always face automatic fines if employees miss a meal or rest break.
In New York, if an employee misses a meal break, the employer must compensate the employee for the additional time worked. Fines are typically applied if there are repeat violations, systemic issues, or non-compliance discovered during labor inspections.
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Employees: Know Your Rights to Meals and Breaks in New York
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Employees working over six hours in a shift in New York are entitled to a 30-minute uninterrupted meal break. Factory workers are entitled to a 60-minute break.
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Employees cannot be required to work during their meal breaks. Employers must relieve employees of all duties during this time and cannot require them to remain at their workstation.
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If an employer fails to provide a mandated meal break, employees are entitled to compensation for that time worked. Employers may be required to pay overtime rates if missed breaks result in extended working hours beyond 40 per week.
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New York law protects employees from retaliation if they report meal and break law violations. Employees can file complaints with the New York State Department of Labor without fear of adverse consequences.
Employer Obligations for Meals and Breaks in NY
Employers in New York must adhere to specific meal break regulations:
- Provide 30-minute breaks for non-factory employees working over six hours, and 45-minute breaks for night shifts starting between 1 p.m. and 6 a.m. Factory workers must receive a 60-minute break.
- Keep accurate records of meal breaks, including start and end times, and document any approved waivers.
- Employees must be fully relieved of duties during meal periods.
- Offer clean, accessible spaces for uninterrupted breaks.
- Obtain a permit from the Department of Labor for shorter meal periods, and display it in the workplace.
Benefits to Employees
Complying with meal and break laws helps improve employee well-being, job satisfaction, and overall productivity. Regular breaks help employees refresh, reducing fatigue and stress, and contributing to better mental health.
Employees who are provided with proper breaks are more likely to feel valued and respected, leading to increased job satisfaction and improved morale. These positive professional outcomes result in lower turnover rates and a healthier work environment.
Benefits to Employers
For businesses, complying with New York’s meal and break laws reduces the risk of legal disputes, fines, and penalties. It helps build a positive reputation as a fair and compliant employer, which in turn attracts and retains talent.
Offering mandated breaks also boosts employee productivity, as well-rested employees are more focused and efficient. This compliance contributes to a positive work culture, enhancing the company’s image and profitability in the long run.
Looking for other state-specific labor and break laws? Check out these guides:
The Bottom Line on NY Meal and Break Laws
New York’s meal and break laws are designed to protect the health, safety, and well-being of employees while ensuring that businesses maintain fair labor practices. Employers must be diligent in providing mandatory breaks, maintaining accurate records, and creating a work environment that values employee rest and compliance. Adhering to these laws not only prevents legal issues and fines but also boosts employee morale and productivity, creating a win-win for both employees and businesses.
For businesses aiming to stay compliant and streamline their workforce management, Workyard offers solutions that can help. To learn more about ensuring compliance with labor laws and improving operational efficiency, check out Workyard’s compliance page.
No, 15-minute breaks are not required by law in New York. State labor laws do not mandate rest breaks, but if employers choose to provide short breaks of 5 to 20 minutes, these must be considered paid time. Federal law aligns with this, requiring short breaks to be paid if they are offered. However, New York mandates meal breaks based on the duration of the work shift, such as a 30-minute break for shifts over six hours.
In an 8-hour shift in New York, employees are entitled to a 30-minute meal break if they work more than six hours. This applies primarily to non-factory workers. Factory employees are entitled to a 60-minute break during an 8-hour shift. While there is no requirement for additional rest breaks, employers often choose to provide shorter, paid breaks to employees, typically lasting 5 to 20 minutes. These rest breaks are optional and not mandated by state law.
New York labor laws do not explicitly mandate employers to provide break rooms for employees. However, employers must provide a suitable, clean, and accessible area for employees to take their required meal breaks. This area should allow employees to rest and eat comfortably without work-related interruptions. For lactating employees, employers are required to provide a private, clean space that is not a bathroom to express breast milk, ensuring adequate accommodations for employees’ needs.
The 10-hour rule in New York refers to the requirement for an additional meal break for employees who work more than ten consecutive hours. In such cases, employers must provide a second 30-minute meal period. This applies regardless of whether the employee is a factory or non-factory worker. The second meal break ensures employees have enough rest time when working extended hours beyond the regular workday.
The 4-hour rule in New York applies to minors under 18 years old. Minors working shifts longer than four continuous hours are entitled to a 30-minute meal break. This rule ensures that minors do not work for extended periods without an opportunity to rest and eat. Employers must comply with this regulation to prioritize the health and safety of minor workers, particularly those who are balancing school and part-time employment.
The 7-minute rule in New York State refers to rounding practices for timekeeping. Employers can round an employee’s clock-in or clock-out times to the nearest increment of 15 minutes, with a 7-minute threshold. For example, if an employee clocks in at 9:07 a.m., it can be rounded to 9:00 a.m., and if they clock out at 5:08 p.m., it can be rounded to 5:15 p.m. This practice must be applied consistently and cannot result in a loss of pay for the employee.
