New York Meal and Rest Break Laws

Although federal law, known as the Fair Labor Standards Act (FLSA), does not include mandatory meal breaks, it does allow for short paid breaks of 5 to 20 minutes. The state of New York has its own laws governing meal and rest breaks.

Do New York Break Laws Differ From Federal Break Laws? 

The FLSA does not mandate any meal breaks, but labor laws in the state of New York allow all public and private employees an unpaid meal break. The length and time depends on the start and end time of the shift and the type of work.

New York Meal Break Laws

All public and private workers in the state of New York are entitled to a 30-minute unpaid meal break for a shift of 6 hours or more that includes the hours of 11 a.m. and 2 p.m. It should take place between those hours, at the midpoint of the shift. For 6-hour shifts that fall between the hours of 1 p.m. and 6 a.m. the following day, a 45-minute unpaid meal break is required to fall near the middle of the shift. 

Workers with shifts that start before 11 a.m. and end after 7 p.m. are entitled to an additional 20-minute break which should fall between 5 p.m. and 7 p.m.

Factory workers are entitled to 60-minute meal breaks for shifts of six hours or longer. It should be midway between 11 a.m. to 2 p.m. when the shift covers those hours. For shifts that cover 1 p.m. to 6 a.m. the following day, a 60-minute meal break should fall in the middle of the shift. If a factory worker’s shift covers both those time periods they are entitled to two meal breaks.

Certain employers are entitled to provide shorter meal periods; New York state maintains a list.

New York Break Laws for Minors

New York state minors are entitled to the same meal break laws as adults; however, there are restrictions on shift lengths when school is in session which could affect if a meal break is available.

New York Break Laws for Mothers

As of June 2024, New York state law entitles breastfeeding mothers to paid breaks for the purpose of pumping breastmilk. Workers must inform their employer in writing about their intent to pump during work hours, preferably before returning to work from maternity leave. Employers must provide a private room with a door for breaks up to 30 minutes, with no restrictions on number of times per day. Employees are not required to make up the work time taken for pumping. 

New York State Day of Rest Laws

New York state law permits certain employees in certain sectors a period of 24 hours off work in any given calendar week. This law applies to factory workers, farm laborers, movie projectionists, theater production workers, engineers, janitors, and watchmen in apartments and warehouses, among others. Employers should make every effort to allow this day off to coincide with the religious worship of the employee, where applicable.

New York maintains a list of employers with day of rest variances.

New York State Break Room Laws

New York state law does not require employers to have a dedicated break room.

New York State Penalties for Breaking Rest and Break Laws

Workers who feel their day of rest or meal break rights have been violated may file a claim with the NYDOL, which will evaluate if the employee is entitled to wages for the violation.

Common New York Break Law FAQs

How early can I take my lunch break in New York?

You can take your lunch break after 11 a.m. for a 6-hour shift. If your shift starts after 1 p.m. you can take your lunch break at the midpoint of your shift.

How many breaks in a 6-hour shift in New York?

New York law entitles you to one 30-minute unpaid meal break in a 6-hour shift.

How many breaks in an 8-hour shift in New York?

New York law entitles you to one 30-minute unpaid meal break in an 8-hour shift. For work that starts after 1 p.m. your meal break is 45 minutes and you are entitled to one additional 20-minute break.

How many breaks in a 12-hour shift in New York?

New York law entitles you to one 30-minute unpaid meal break in a 12-hour day shift and an additional 20-minute break if your shift goes past 7 p.m. For a shift that covers 1 p.m. to 6 a.m. the following day, the meal break is 45 minutes.

Is it legal to work 7 days straight in New York?

In most industries, it is legal to work 7 straight days in New York. The law only entitles workers in certain industries to a 24-hour break in a calendar week.

Can I waive my lunch break in New York?

You are permitted to waive your lunch break in New York provided your reason meets the statutes upheld in a decision by the New York State Court of Appeals:

• “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”

New York Department of Labor

The content on this site is provided for general informational purposes only and does not constitute legal advice. Laws vary by location and change frequently; we make no representations as to the accuracy, completeness, or currency of any information on this site. Always seek the advice of a licensed legal professional regarding your specific situation.