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New York City and working 10 Hr days

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  • New York City and working 10 Hr days

    I work for a small Retail establishment where we are salaried plus commission.

    What are the Laws regarding mealtimes or breaks when you are scheduled to work the following hours?


    Also are these Companies required by any State Law to account for the actual times,Taken or Not?

    In NY are Mealtimes or Breaks considered Paid or Unpaid?

  • #2
    New York Break Laws

    New York states:

    Are employees entitled to breaks?

    Certain employees are entitled to have meal periods. Absent an agreement to the contrary, an employee need not be paid for these periods. The noon meal break- factory employees shall be allowed at least sixty minutes for the noon meal. All employees in mercantile or other establishments who work a shift of more than six hours which extends over the period between 11:00 A.M. and 2:00 P.M. are entitled to a half-hour meal break . The dinner break-an additional twenty minute break between the hours of five and seven P.M. shall be allowed to all employees whose work shift begins before 11:00 A.M. and ends after 7:00 P.M. Night shift meal break-persons employed for a shift in excess of six hours commencing between 1:00 P.M. and 6:00 A.M. shall be entitled to a meal period of at least sixty minutes if employed in a factory or forty-five minutes if employed in a mercantile or other establishment. The meal period must be scheduled at a time midway between the beginning and end of the shift.

    Let us know if this statement does not answer your questions.
    Lillian Connell

    Forum Moderator


    • #3
      Thank you!

      I understand the concept but meals are not "scheduled" on paper in advance of any particular workday.Mealtimes are neither planned or accounted for either verbally or in writing by the Employer.What do you suggest? I've been asked "we are busy can you wait?" We get "so" busy that meal times are not taken.I've been asked "do you have to?"



      • #4
        New York

        You can file a complaint with the state. I don't know if there are any penalties for non-compliance in New York. Howeverk the state could certainly say. The link to the appropriate agency is:
        Lillian Connell

        Forum Moderator


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