New York: Meal and Rest Break Requirements
The short answer
New York requires meal periods, but not short rest breaks. The meal length depends on whether the employee is a factory worker, whether a shift exceeds six hours and crosses the 11 a.m.–2 p.m. window, whether it starts between 1 p.m. and 6 a.m., and whether the workday runs from before 11 a.m. to after 7 p.m.
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This is the general rule in New York. Ezel applies current New York law to your specific facts and answers with citations to the statutes.
| Governing law | N.Y. Lab. Law § 162 (meal periods); § 218 (Labor Commissioner enforcement); no state short-rest mandate |
|---|---|
| Required meal break | Nonfactory: 30 min on >6h shift crossing 11-2; factory: 60 min noon; late/night >6h: 60 min factory/45 min others; +20 min on before-11-to-after-7 day (§ 162) |
| Required paid rest break | No required short rest break; if provided, 5-about 20 minutes counts as paid work (NYSDOL FAQ; 29 C.F.R. § 785.18) |
| Paid or unpaid? | Compliant off-duty meal may be unpaid; interrupted/on-duty meal is paid; provided short rests are paid |
| Waiver and on-duty meals | Commissioner may issue posted written permit for shorter meals; narrow knowing CBA waiver and voluntary one-employee-shift exception recognized by NYSDOL |
| Who is covered or exempt | § 162 covers persons working in New York; different factory/nonfactory schedules; commissioner's written permits may shorten periods |
| Separate rule for minors | No separate minor schedule in § 162; its 'every person employed' meal rules apply to covered minors and adults alike |
| Remedy for a missed break | Labor Commissioner order to comply; non-wage civil penalty up to $1,000 first, $2,000 second, $3,000 later (§ 218(1)) |
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Requirements one by one
The meal schedule
New York uses several clocks rather than one universal lunch rule. Under
§ 162(2), a nonfactory employee whose shift exceeds six hours and crosses
the 11 a.m.–2 p.m. meal window gets at least 30 minutes within that window. A
factory worker has a 60-minute statutory noon meal under § 162(1).
For a shift longer than six hours that starts between 1 p.m. and 6 a.m.,
§ 162(4) requires a meal near the midpoint: 60 minutes for factory work and
45 minutes for mercantile or other covered work. A workday beginning before 11
a.m. and continuing after 7 p.m. also triggers an additional 20-minute meal
between 5 and 7 p.m. under § 162(3).
Short rests and pay
New York does not require an employer to schedule a short coffee/rest break.
The current Department of Labor FAQ says that if a short rest is provided or
taken, it must count as working time. That matches 29 C.F.R. § 785.18, which
treats rests of 5 minutes to about 20 minutes as paid hours worked.
A meal period that actually meets the statutory requirements may be unpaid. An
employee who works through an interrupted or on-duty meal must be paid for that
time.
Shorter meals and one-employee shifts
Under § 162(5), the Labor Commissioner may permit a shorter meal period by
a written permit posted at the establishment's main entrance. The Department's
FAQ says it generally permits a period of at least 30 minutes without an
application when employees suffer no hardship, while a period as short as 20
minutes requires special circumstances, investigation, and a permit.
The Department also recognizes a narrow one-employee-shift arrangement when
the employee voluntarily consents after the employer explains why the meal may
be interrupted. The employee retains the right to request an uninterrupted
meal before consenting, and time spent working through the meal is paid.
Enforcement
Labor Law § 218(1) directs the Commissioner to issue an order to comply for
a § 162 violation. For a violation that does not involve unpaid wages, the
civil-penalty ceiling is $1,000 for a first violation, $2,000 for a second, and
$3,000 for a third or later violation.
What trips people up
The familiar "30-minute lunch after six hours" is only the nonfactory midday
piece. Factory workers have a longer statutory default, late and overnight
shifts use a midpoint rule, and a long day spanning before 11 a.m. through
after 7 p.m. adds a second 20-minute meal.
Remaining at the workplace does not automatically make a meal paid. The
Department says the employee may stay on the premises if completely freed from
duties. What matters is work responsibility, not the building's exit door.
An employer and employee cannot routinely trade away the statutory meal merely
so the employee can leave early. The Department recognizes only narrow waiver
conditions, including good-faith negotiated arrangements that provide a real
employee benefit.
Common questions
Does New York require two paid 15-minute breaks?
No. State law does not require short rest breaks. If the employer provides
15-minute breaks, however, § 785.18 makes them paid working time.
Is a New York lunch break always 30 minutes?
No. Thirty minutes is the common nonfactory midday rule. Factory work and
certain late/night shifts have 45- or 60-minute statutory periods unless a
valid shorter-period rule or permit applies.
Can I be required to answer calls during an unpaid meal?
No. The Department's current FAQ says employees required to perform active or
inactive duties during the period are not completely relieved and must be paid.
Statutes and sources
- N.Y. Lab. Law § 162(1)-(5). The current official statute sets the meal
schedules and written-permit mechanism. Official text
(accessed July 11, 2026). - N.Y. Lab. Law § 218(1). The current official statute supplies the order-
to-comply and civil-penalty framework. Official text
(accessed July 11, 2026). - New York State Department of Labor, Meal and Rest Periods FAQ. Official
guidance addresses pay, permits, one-employee shifts, and provided short
rests. Official guidance
(accessed July 11, 2026). - 29 C.F.R. § 785.18. Short rests of 5 minutes to about 20 minutes count as
hours worked. Current eCFR text
(accessed July 11, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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