212.627.8100The rights of employees are protected under various federal, state, and local laws that prohibit employers from exploiting their workers. For instance, employers are prohibited from engaging in discriminatory hiring practices or tolerating a hostile work environment that targets an individual based on a protected characteristic (i.e., rage, ethnicity, age, etc.). Moreover, an employer must provide overtime pay to employees who work beyond the standard workweek. Although many employers honor all labor laws and treat their workers fairly, there are times when an employer may violate these laws. One area where wage and hour laws may be violated concerns meal and rest breaks. There can be some confusion about an employee’s right to take rest and meal breaks during their shift, which can lead to conflict and potential violations of federal, state, or New York City employment laws.
As an employee in New York, it can be hard to determine whether your employer has violated federal or New York meal break laws. The prospect of reporting your concerns may seem intimidating, and you may be worried about whether your employer will retaliate against you for raising these issues. That’s why hiring an experienced and dedicated New York wage and hour attorney is highly recommended for workers in these types of situations. Together, you can review whether there are break violations at work in New York and identify the most strategic course of action that upholds your legal rights and holds your employer accountable for any violations that have occurred.
What is the Meal and Rest Break Law in New York?
At the federal level, the Fair Labor Standards Act (FLSA) does not require employers to provide meal or rest breaks for employees. However, it does acknowledge that “Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time.” If an employer offers short breaks, these breaks must be compensated. For so-called “bona fide” meal periods of 30 minutes or more (and that are truly uninterrupted), the employer can count this as unpaid time. Since the federal guidelines tend to be somewhat vague, many states have enacted more specific laws that override the opaqueness of the FLSA.
New York Rest and Meal Break Laws in New York
At the state level, New York Labor Law Section 162 specifically states that workers are entitled to a meal break when they work shifts that last six hours or more. This law applies to all private and public sector employers and their employees who work and operate in the state of New York. It’s worth noting that the law has different requirements for factory workers and non-factory workers, which are detailed as follows:
- Factory workers are entitled to a 60-minute unpaid lunch break between the hours of 11:00 a.m. and 2:00 p.m. and a 60-minute meal break at the time midway between the start and finish of the shift for all shifts of more than 6 hours (starting between 1:00 p.m. and 6:00 a.m. and lasting more than six hours.
- Non-factory workers are entitled to a 30-minute unpaid meal break between 11:00 a.m. and 2:00 p.m. for shifts of six or more hours that extend over that period, as well as a 45-minute meal break at the time midway between the beginning and end of the shift for all shifts of six or more hours that start between 1:00 p.m. and 6:00 a.m.
- Every employee is entitled to an additional 20-minute meal break between 5:00 p.m. and 7:00 p.m. for workdays that extend from before 11:00 a.m. to after 7:00 p.m.
Compensation Considerations for Rest and Meal Breaks
Under the rest break law in New York, “meal periods that meet statutory requirements are not required to be counted as ‘hours worked’ and employees are not required to be paid for such time.” However, there are situations where an employee may be entitled to pay during a lunch break, such as when an employer requires their employees to attend a “brown bag lunch.” If an employee voluntarily chooses to attend an employment-related speaking engagement or presentation during their lunch break, this will count as a meal period under state law. If you have specific questions about the difference between a paid and unpaid lunch break, seeking the guidance of an experienced New York employment lawyer can give you the clarity you need.
Common Meal-Related Labor Law Violations in New York
Spotting break violations at work in New York can be somewhat tricky, especially if you are not certain of what employment protections apply to you (or what they mean). Some of the most common wage and hour violations by New York employers include:
- Not providing a full, uninterrupted 30-minute meal break for a shift over six hours
- Requiring employees to eat meals at their desks or while working
- Denying breaks altogether during long shifts
- Failing to pay employees for short rest breaks (those under 20 minutes)
If you believe that your employer has violated wage and hour laws or prevented you from taking a meal break during your long shift, reach out to a dedicated and trusted New York employment law attorney right away to learn more about your rights and options.
FAQs About Wage and Hour Violations in New York
What Can I Do If I’m Being Denied a Lunch Break in New York?
Document your work hours and contact an employment attorney who can help you file a labor complaint.
How to Report a Break Violation in New York
Although employees whose wage and hour protections have been violated may file a complaint with the New York State Department of Labor without hiring legal counsel, doing so is highly encouraged. New York employees have the right to understand and exercise the various federal, state, and local labor protections that are in place to prevent exploitation. If you think that your employer has violated wage and hour laws, reach out to the highly qualified and experienced legal team at Levy Ratner today by calling (212) 627-8100 to discuss your concerns.