New York State requires most private employers to provide employees meal and rest breaks as follows:
| Meal Breaks | 30-minute meal break between 11:00 a.m. and 2:00 p.m. for shifts 6 hours or longer that extend over that time period.45-minute meal break midway between the beginning and end of an employee’s shift, if the shift is more than 6 hours and starts between 1:00 p.m. and 6:00 a.m.Additional 20-minute meal break between 5:00 p.m. and 7:00 p.m. for workdays that extend from before 11:00 a.m. to after 7:00 p.m. |
| Rest Breaks | Not required, but if a break of up to 20 minutes is permitted, it must be counted as compensable hours worked. |
| Breastfeeding Breaks | Employers must: Provide reasonable unpaid break time, or permit nursing employees to use paid break time, each day to express breast milk for up to 3 years following childbirth; andMake reasonable efforts to provide a room or area in close proximity to the work area where employees can express breast milk in privacy.In addition, New York City employers with at least 4 employees must provide lactation rooms, as well as refrigerators, in reasonable proximity to work areas for employees to express and store breast milk. These employers are also required to implement a written lactation room accommodation policy to be distributed to all new employees. Click here to download model policies and a request form. |
| Day of Rest Requirement | Employees working in the following establishments generally must be allowed a rest period of at least 24 consecutive hours each calendar week: Factories;Hotels;Restaurants; andOffice and apartment buildings. |
Additional requirements and exceptions to the information above may apply, including to factory employers. For additional information, contact the New York Division of Labor Standards at 1-888-469-7365.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.