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1 break per 6-8 hour shift New York

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  • 1 break per 6-8 hour shift New York

    I work at a local fast food restaurant in Rome, NY. I have worked there for about 2 1/2 years. One thing that has always made me wonder is the way they give out breaks.

    To be entitled to a break, you have to be scheduled for at least 6 hours. You must take your break at approx 2 hours after you arrived.

    For example:
    If I were to work 7a-3p, my break would be given at 9a. I would then have to work until 3 without any breaks. The way the place is ran, I'm not even entitled to sit down. Nobody is besides managers.

    I am leaving this place to become an LPN when I pass the state boards, I just wanted to know my legal rights until then.


    Thanks!

    -Alicia

  • #2
    NY break law is, without question, the most complicated in the US as it is different for different industries. However, you are not in one of the industries where the law dictates WHEN you get a break, only that you get one.

    The only time an employee is entitled to more than one break in NY state, is if your shift starts before 11:00 a.m. and ends after 7:00 p.m.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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