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  • Wage & Hour

    Is there a New York State law that requires more than a 30 minute lunch break in an 8 hour day?

  • #2
    New York

    New York requires a meal period of a half hour for those who work over 6 hours; an additional 20 minutes for persons who begin a shift after 11:00 am and 45 minutes for persons who work at least 6 hours between 1:00 pm and 6:00 am. It also requires that persons working in a factory receive a one hour lunch period.

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Are we within NY State Law

      I do have another question. My company is planning to implement a few
      changes. Can you please tell me if they are within New York State Law.

      Hours worked Breaks

      Less than 5 hrs No Break
      Between 5 & 6 hours Optional minute unpaid break
      More than 6 30 minute unpaid meal break and optional 15
      minute unpaid break

      Also, our work week is 37.50 hours per week. Is it within the NY State law
      that OT will begin after 40 hours?

      Thank you in advance.

      Mary Ellen

      Comment


      • #4
        New York

        New York requires overtime to be paid for hours worked over 40 in a week. Breaks are not required. So, the rules regarding the timing of a break is at the employer's discretion. The only rule that may apply is that employees must be paid for the time if the break is 20 minutes or less.

        Let me know if you have any other questions.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          I understand your reply in regards to the over time after 40 hours, but
          slightly confused on your reply to breaks. You mentioned that breaks are not
          required and are at the employer's discretion. Then you wrote "the only rule
          that may apply is that employees must be paid for the time if the break is
          20 minutes or less".
          Can we offer the employees and optional 15 minute unpaid break?

          Comment


          • #6
            Breaks

            No, breaks in work that are 20 minutes or less must be paid, per federal law. So, while you can make the break optional, it must be paid unless it lasts for more than 20 minutes. That is one of the reasons why lunch periods (which are typically unpaid) are usually 30 minutes or more in length.

            Let me know if you have any other questions.
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment

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