New York:

New York Work Smoke Break & Rest Period Laws New York Required Workday Break & Meal Periods 2024

Workday Meal Periods:


By Statute

Workday Rest Periods:

No Regulation

New York has regulations describing workday meal / lunch breaks to be provided to employees, but does not mandate that employees be provided additional, shorter break periods. This page provides details about New York's meal period requirements.

Mandatory Workday Lunch / Meal Breaks in New York

New York requires a 30 minute noonday lunch period for employees who work shifts of more than 6 hours that extend over the noon day meal period.

An additional 20 minute break is required between 5 p.m. and 7 p.m. for those employed on a shift starting before 11 a.m. and continuing after 7 p.m.

A 1 hour meal period must be provided in factories, 45 minutes in other establishments, midway in shift, for those employed more than a 6-hour period starting between 1 p.m. and 6 a.m.

Which employees are covered by New York's meal period regulations?

New York's meal break requirements apply to all establishments and occupations covered by the Labor Law. Special regulations apply to factories.

Additional Meal Period Information

The New York Labor Commissioner may give written permission for shorter meal periods under each standard.

Note: New York Has Special Regulations for Minor Employees

In addition to a general regulation requiring meal periods for employees, New York has special regulations that require meal periods for minors under age 18. These regulations, which require more frequent and / or longer meal / break periods, take precedence over the general regulations for minor employees. Learn more about New York's child labor regulations here.

Mandatory Workday Rest Periods in New York

While some states have labor regulations requiring that employees be allowed one or more workday rest periods, the New York government has no such regulations. Therefore, in New York, any breaks or rest periods are provided to employees at the discretion of the employer.

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