Breaks and meal periods - New York

Summary of differences between federal and state regulations

Breaks

Federal law does not require that employers provide rest periods or coffee/snack breaks.  However, when employers do offer short breaks, usually lasting between five to 20 minutes, the breaks must be considered work time and employees are paid for the time.

New York does not address breaks for all employees.

Prior to June 19, 2024, employers must provide reasonable unpaid break time or permit an employee to use paid break time or meal time each day to allow an employee to express breast milk for her nursing child for up to three years following child birth.

Effective June 19, 2024, employers must provide nursing employees with 30 minute paid breaks. They must also allow employees to use other paid breaks or meal time for purposes of expressing breast milk each time they have a reasonable need to do so in excess of 30 minutes.

Employees may take the paid breaks for breast milk expression for up to three years following childbirth.

Employers must make reasonable efforts to provide a room or other location where an employee can express breast milk in privacy.

The spaces are to be convenient and private, as well as include seating, access to running water and electricity, and a working space.

Employers must develop and implement a written policy regarding employee rights when breastfeeding in the workplace.

Meal periods

Federal law does not require that employers provide meal periods.  Bona fide meal periods, which typically last between 30 and 60 minutes, serve a different purpose than a break.  During meal periods, the employee must be completely relieved from duty.  Bona fide meal periods are not considered work time and are not compensable.  If an employee is not totally relieved of job duties during the time he or she is eating a meal, then the employee must be paid for that time.

New York provides that any person employed in or in connection with a factory shall receive at least 60 minutes for the noon meal period. Employees in other occupations who work a shift of more than six hours that extend over the noon meal period will receive at least 30 minutes for the noon meal. The noon meal period is that time between 11:00 a.m. to 2:00 p.m.  Factory employees who work at least 6 hours between the hours of  1:00 p.m. and 6:00 a.m. will receive a 60-minute meal period.  Employees of other occupations who work during those hours will receive 45-minute meal period.

State

Contact

New York State Department of Labor

Regulations

Chapter 31 of The Consolidated Laws, Article 7 General Provisions Labor Law, Title 1 - General

S 162. Time allowed for meals.

1. Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noon day meal.

2. Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter shall be allowed at least thirty minutes for the noon day meal, except as in this chapter otherwise provided. The noon day meal period is recognized as extending from eleven o’clock in the morning to two o’clock in the afternoon.  An employee who works a shift of more than six hours which extends over the noon day meal period is entitled to at least thirty minutes off within that period for the meal period.

3. Every person employed for a period or shift starting before eleven o’clock in the morning and continuing later than seven o’clock in the evening shall be allowed an additional meal period of at least twenty minutes between five and seven o’clock in the evening.

4. Every person employed for a period or shift of more than six hours starting between the hours of one o’clock in the afternoon and six o’clock in the morning, shall be allowed at least sixty minutes for a meal period when employed in or in connection with a factory, and forty-five minutes for a meal period when employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter, at a time midway between the beginning and end of such employment.

5. The commissioner may permit a shorter time to be fixed for meal periods than hereinbefore provided. The permit therefor shall be in writing and shall be kept conspicuously posted in the main entrance of the establishment. Such permit may be revoked at any time.

Labor Code Section 206-c. Right of nursing mothers to express breast milk

An employer shall provide reasonable unpaid break time or permit an employee to use paid break time or meal time each day to allow an employee to express breast milk for her nursing child for up to three years following child birth. The employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy. No employer shall discriminate in any way against an employee who chooses to express breast milk in the work place.

Federal

Contact

The US Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for hours worked can be found in CFR 29: Part 785 Rest Periods and Meal Periods.