My boss recently was reviewing my work since he's still teaching me a few new things. He was reviewing my work on his computer with me sitting next to him, and the time I usually take lunch every day came. So I asked him if I could go to lunch and he got all irritated and was even talking mean to me. I said "If you want me to stay, I'll stay" in the end.

Then he says "I would expect you too." Still with his voice raised. Hence I didn't go to lunch and held me there for another hour.

Our company has a policy that you can take lunch at any hour during your 8 hours of work from Monday through Friday.

Was this legal for him to do this here in New York? I felt that it wasn't right, but I don't know too much about the laws of labor here. Any input would be appreciated. Thanks!

So long as you get 30 minutes to have lunch at some point in the day that is not close to the start or close to the finish of work, usually within the first or last hours is not acceptable. Other than that, your company is not required to allow you to decide when those 30 minutes are.

So long as you get 30 minutes to have lunch at some point in the day that is not close to the start or close to the finish of work, usually within the first or last hours is not acceptable. Other than that, your company is not required to allow you to decide when those 30 minutes are.

Yeah I was reading a bit in the Labor website of NYS.

"Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter shall be allowed at least thirty minutes for the noonday meal, except as in this chapter otherwise provided. The noon day meal period is recognized as extending from eleven o'clock in the morning to two o'clock in the afternoon. An employee who works a shift of more than six hours which extends over the noonday meal period is entitled to at least thirty minutes off within that period for the meal period."

That was an excerpt from here:

http://www.labor.state.ny.us/workerprotection/laborstandards/employer/meals.shtm

It is still, however, unclear as if this was unlawful or not. I have read the Policy of my employer and nowhere in there says that I cannot take my lunch at the usual time I take it, which is normal lunch time (1:00 PM). I was held there until 2:00 PM. I'm salaried and work as an Engineer.

EDIT: I also a few months back broke my ankle (not work related) and have been on and off work since that happened for physical therapy. I had to leave early some days, and I have a doctor's note allowing me to do so. So I am covered under the FMLA law to date. It seems to me that this has upset my boss somewhat and he's changed his behavior towards me since then. I was thinking this could be considered discrimination due to my disability, however it would probably be hard to link up his change in behavior to my injury. Although I have a witness who oversaw his attitude towards me on that day he held me there from taking my lunch.

It is still, however, unclear as if this was unlawful or not. I have read the Policy of my employer and nowhere in there says that I cannot take my lunch at the usual time I take it, which is normal lunch time (1:00 PM). I was held there until 2:00 PM. I'm salaried and work as an Engineer.


Not only is it lawful, it is questionable whether this law even applies to exempt employees, who are expected to work whatever hours are necessary to get the job done. I'm assuming here that as an Engineer paid on a salaried basis, the employer is treating you (and properly so, in my opinion) as an exempt employee.