New York's Hours Of Labor Laws

The laws governing hours of labor and required meal breaks are found in article five of the labor law. These laws are enforced by the Attorney General.

One day rest in seven: With certain specified exceptions, most employers are required to permit manual employees at least one day, defined as a consecutive twenty-four hour period, off each week. Exceptions exist for small dairy industry employers, continuous manufacturing operations, seasonal resorts and employers who have obtained a variance from the Commissioner of Labor.

Time allowed for meals: Employers must permit the following meal breaks. Employees need not be paid for meal breaks, absent an agreement to the contrary.

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.