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  • breaks restaurant New York

    I work for a corporate restaurant in rochester and they are putting a new rule into place starting next month, any employee that wishes to smoke a cigarette must clock out for at least 15 minutes and sit in the vehicle. If working the morning shift you can do so only after 2pm and the night shift after 9pm. our shifts range from 9am-4,10am-9,4pm-1. the only time we are given meal breaks is when working a mid you can take it anytime between 2-4pm. if one must eat while working a night shift it is after 10pm and the manager says "do you have to?","ask the other cooks" and sometimes doesnt let you. could this be legal? I have worked a 12 hour shift w/o a break before. also I think our AC is broken and the are neglecting to fix it, because it has been 92deg and humid in the kitchen and certain items havent been keeping <40deg. I should have quit along time ago
    much appreciated

  • #2
    They have no legal obligation to give you any smoke breaks at all.

    Here is the state law regarding meal periods.

    http://www.labor.state.ny.us/workerp...rds/faq.shtm#7
    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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    • #3
      but shouldn't i be allowed to take a meal break during normal eating hours instead of right before leaving work when its convenient for them and just smoke then?

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      • #4
        Originally posted by nuddbud
        but shouldn't i be allowed to take a meal break during normal eating hours instead of right before leaving work when its convenient for them and just smoke then?
        Believe it or not, most states do not have legislation requiring meal or rest breaks. The answer to your question is a matter of company policy. If the boss says you can have a meal break, it is on his terms. He has no obligation to even offer it. You may think it's unfair, but this requirement is not mandated by federal or New York labor code. There is an industry specific exception for factories, but that does not apply here.

        http://www.dol.gov/esa/programs/whd/state/meal.htm
        http://www.dol.gov/esa/programs/whd/state/rest.htm

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        • #5
          Actually, robb71, New York does have some specific requirements regarding when a meal period must be taken. See here:
          http://www.labor.state.ny.us/workerp...yer/meals.shtm
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Pattymd, it appears that you are correct. I was only aware of the factory exception. Seems DOL needs to update their website.

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