Nyc Lunch Laws

While an employer is not allowed to force you to eat lunch at your office or workplace while you work, nothing in New York State`s lunch break law requires an employee to be allowed to leave workspaces for mealtimes. As long as the employee is fully relieved of duties during meal times, an employer may require you to stay on site during your lunch break. For example, an employer may require employees to bring their own lunch or eat in an on-site cafeteria or designated break room. Most ordinary workers know that there are New York State lunch break laws, but many are often confused about the scope of their rights under the law. New York`s meal break laws protect workers by requiring their employers to give them at least 30 minutes of meal breaks. Not everyone always takes a meal break. Sometimes we are so absorbed in our work that we voluntarily skip lunch. Sometimes a work schedule is so busy that we barely find a minute or two to take a sip of coffee, let alone sit down and have a full-fledged lunch. As employment lawyers in New York, we are asked the same questions over and over again, so we hope that by addressing many of these common confusions here, we can give you a quick answer without having to seek advice from a lawyer. Unfortunately, the practice of depriving employees of the lunch breaks they deserve is widespread, and we`d love to hear your stories.

Know your rights under New York law and don`t neglect them. If you feel you have been unfairly denied a meal break, you should take action to protect your rights and hire an experienced employment lawyer to assess your claim. There are also special considerations for people who work alone. If only one person is on duty, they can eat while working. If only one employee has a certain profession, he can also do without his lunch break. The employer must provide uninterrupted meals if the employee so wishes, even if only one employee is on duty. While many employers give employees time for lunch, a lunch break isn`t necessarily a requirement. Federal and New York state laws differ in what employers must do. Even when it is mandatory, there are different rules about how and when breaks are granted. If you work in New York City and your employer breaks the law by not granting you a meal break, it can be assumed that your employer may also violate other labor laws, such as anti-discrimination laws and/or wage and hours laws. Fact: All categories of employees are eligible for meal times in New York, including those considered exempt from overtime. Keep in mind that you cannot deduct an exempt employee`s salary for meal times, even if they extend lunch breaks without permission.

New York`s lunch break laws apply to all New York public and private employers and their employees who work in the state. In addition, the New York Department of Labor asserts that Section 162 applies to anyone who works in blue-collar, white-collar and managerial occupations that fall under state labor laws. This means that employers must provide meal breaks for employees and hourly workers. Federal law does not require employers to provide employees with lunch and/or meal breaks. However, if employers choose to offer their employees meal breaks of twenty (20) minutes or less, the Fair Labour Standards Act requires employers to pay employees for that time. If a lunch and/or lunch break lasts thirty (30) minutes or more, the employee does not have to be paid for the break time. At first glance, Section 162 of the New York State Lunch Break Act seems very simple and easy to understand. As long as employees are entitled to a lunch break of at least 30 minutes, the employer has met the requirements of the law. However, many unexpected circumstances can arise in the workplace, and it is often difficult to know how lunch break laws in New York are applied to a particular situation. Although New York does not require breaks, many employers still offer them.

Short rest periods, if provided, must be counted and remunerated as working time. Employers violate wage laws when they deduct rest periods or compensate for them with compensable waiting times, on-call hours, or other hours of work. In some cases, when only one person is on duty or the only person has a particular occupation, it is common for the employee to eat at the workplace without relief. For example, many security guards eat their lunch at their desks so they can continue to monitor the workplace and protect other employees. The Ministry of Labour accepts these particular situations as compliance with section 162 if the employee voluntarily accepts the agreements. However, any employee who requests it from an employer must be granted an uninterrupted hour of meals. Section 162 of the New York Labor Code specifically requires employers to provide meal breaks to all employees who work at least 6 hours.