New York State Meal and Rest Break Laws

NYS break laws are more detailed than those of other states, making it important for both employers and employees to understand what the law actually requires. Misinterpreting New York State labor laws can lead to wage disputes, compliance issues, and costly penalties.

This article breaks down key provisions under New York State break laws, covering rest breaks, meal periods, day-of-rest requirements, breastfeeding breaks, common exceptions, and potential penalties; all in a clear, practical format.

This Article Covers

• Rest Breaks in New York State
• A Day of Rest in New York State
• Meal Breaks in New York State
• Breastfeeding Breaks in New York State
• Breaks for Minor Employees in New York State
• Penalties for Violating Break Laws in New York State

Rest Breaks in New York State

Employers are not required to provide rest breaks to employees under New York break laws. However, if rest breaks of up to 20 minutes are provided, they must be counted as work hours and be paid.

Compensable rest break time cannot be offset against other working time, such as waiting time or on-call time, as per federal regulations.

Explore salaried employee laws in New York.

A Day of Rest in New York State

In New York State, certain employees must receive at least 24 consecutive hours of rest in each calendar week, which is referred to as a day of rest under New York State break laws.

Employers may seek an exemption from the day of rest requirement, but approval will only be granted if the employer agrees to certain conditions and the application is accepted.

Meal Breaks in New York State

All private and public employers must provide employees with certain meal breaks under New York State law based on the employee’s occupation and work shift schedule. These meal breaks do not have to be paid unless the employee is required to work during the break.

The NYS Department of Labor allows employers to round shift clock-in and clock-out time entries (typically within 5- to 15-minute increments). Rounding is lawful as long as it does not, over time, reduce or deny any required meal breaks. In simple terms, it must not be disadvantageous to employees.

Employers in New York are not required to allow employees to leave the workplace during a meal period, provided employees are fully relieved of all duties.

Exceptions to New York State Meal Break Rules

There are some exceptions to the meal break requirements under New York State labor laws.

• Shorter meal periods: Employers may request approval from the New York State Commissioner of Labor for shorter meal periods. Any approved reduction must be posted at the workplace entrance, and permits may be revoked at any time. Breaks of at least 30 minutes are generally permitted without formal application by the employer if employees are not adversely affected. Breaks of at least 20 minutes are approved only in exceptional cases after investigation and special authorization.
• One-employee shift situations: When only one employee is on duty, the employee may voluntarily agree to eat while working. Such working meal breaks must be paid. However, if an employee requests an uninterrupted meal break, the employer must provide one.
• Brown bag lunches: Employees in New York State can eat during meetings or presentations on work- or non-work-related topics, such as health and wellness, personal finances, or retirement. If attending these working lunches is required by the employer, the meal break counts as hours worked. However, if the participation is voluntary, the period qualifies as a lawful meal break under the state law.
• Meal break waivers and adjustments: Employees can waive their meal break rights in exchange for additional breaks and meal periods scheduled at other times through a collective bargaining agreement under NYS labor law. Employees may also occasionally work through a meal break to leave work early. However, such an agreement cannot become a regular or long-term practice that undermines meal break protections.

Breastfeeding Breaks in New York State

All public and private employers in New York State must provide 30-minute paid break time for their employees to express milk at work for up to three years after childbirth. The number and frequency of breaks depend on an employee’s reasonable needs.

Employees may use existing paid breaks or meal periods if additional time is needed (beyond the paid 30 minutes).

Employers cannot require employees to work while expressing milk. However, employees can do so voluntarily. Employers also cannot require employees to make up time or extend shifts for using pumping breaks.

Employers must also provide a private space close to the employee’s work area that is not a restroom or toilet stall, is shielded from view, and is free from intrusion. The space must also include adequate lighting, clean running water, an electrical outlet, a chair, and a desk, table, or flat surface.

For workspaces with shared environments, employers may establish a common lactation room, provided it ensures privacy (such as through at least seven-foot-tall cubicle walls) and is not accessible to the public.

If providing a fully compliant lactation space creates undue hardship, employers must still offer a private space (other than a restroom). They cannot deny an employee’s right to express milk because of such difficulties.

Employees must be allowed to store expressed milk in a workplace refrigerator, if one is available. Employers are not liable for the safekeeping of stored milk.

Employees must give reasonable advance notice when they need to take pumping breaks.

Employees must also make requests for lactation room access in writing in advance to a supervisor or designated contact. Employers must respond to such requests within five days.

Employers must provide a written breast milk expression policy to all employees at the time of hire, annually thereafter, and when an employee resumes work after childbirth.

These protections also apply to remote employees under New York State law.

Breaks for Minor Employees in New York State

There are no specific break laws for minor employees in New York State. However, as per the state’s break law, all employees working more than six hours, including minor employees, are entitled to a 30-minute unpaid meal break.

Penalties for Violating Break Laws in New York State

If an employer fails to provide a required meal period or a day of rest under state law, employees can file a complaint with the New York State Department of Labor.

NYS employers must not discriminate against an employee for expressing milk in the workplace. If that happens, the employee can file a complaint with the NYSDOL’s Division of Labor Standards.

If employers provide rest breaks in New York State, employees cannot extend those breaks beyond the authorized time limit. If breaks are extended, they won’t count as hours worked, and the employee can be punished for such extensions as per federal law.

Discover penalties for breaking New York labor laws in detail.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.