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Work & wages · Your right

Meal breaks in New York: when you get a lunch break and whether it's paid

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Under New York Labor Law § 162, most workers whose shift is more than six hours and runs through 11 a.m.–2 p.m. must get at least 30 minutes off for a meal within that window (factory workers: 60 minutes). If your day starts before 11 a.m. and goes past 7 p.m., you get another 20 minutes between 5 and 7 p.m. Shifts over six hours starting between 1 p.m. and 6 a.m. get a 45-minute meal break (60 in factories) midway through. Meal breaks can be unpaid if you're fully relieved of duty. Short rest breaks aren't required, but if given they must be paid.

Read on for the details, the exceptions and the sources.

In plain words

Meal period
Time off for a meal during which you are completely relieved from duty.
Factory worker
Someone who works in or in connection with a mill, workshop or other manufacturing establishment.
Shorter meal period permit
Written permission from the Commissioner of Labor allowing an employer to give shorter meal breaks; it must be posted at the main entrance.

What is it?

A legal right to time off for meals during long shifts, set by Labor Law § 162. It applies to private and public sector employers and employees working in New York State.

Who qualifies?

  • Non-factory workers on a shift of more than six hours that extends over 11 a.m.–2 p.m.: at least 30 minutes within that window (§ 162(2)).
  • Factory workers: at least 60 minutes for the noonday meal (§ 162(1)).
  • Anyone working a shift that starts before 11 a.m. and continues later than 7 p.m.: an additional meal period of at least 20 minutes between 5 and 7 p.m. (§ 162(3)).
  • A shift of more than six hours starting between 1 p.m. and 6 a.m.: 45 minutes (60 in factories), midway through the shift (§ 162(4)).

Exceptions

  • The Commissioner may allow shorter meal periods by written permit, which must be posted at the main entrance (§ 162(5)). The DOL says it allows a meal period of not less than 30 minutes as a matter of course where there's no hardship, and not less than 20 minutes only in special cases after investigation.
  • One-employee shifts: where only one person is on duty, the DOL accepts eating on the job if you voluntarily agree after the employer explains it — preferably in writing — and that meal time must then be paid. You can ask for an uninterrupted meal break before agreeing.
  • Waivers: the DOL says meal periods can be waived only in narrow circumstances, such as a negotiated union agreement that gives a real benefit in return; an option to leave early isn't enough.
  • Nursing employees: separately, Labor Law § 206-c requires 30 minutes of paid break time each time you reasonably need to express breast milk, for up to three years after childbirth, plus a private space that isn't a restroom.

How much?

Meal periods that meet the law don't count as hours worked and don't have to be paid. But if you must stay at your workstation, answer phones or do any duties, you aren't relieved and the time is work time that must be paid. New York doesn't require short rest breaks, but if your employer gives breaks of about 5 to 20 minutes, the DOL says they count as work time and must be paid.

How is it calculated?

Example: you work 9 a.m. to 5:30 p.m. in a store. Your shift is over six hours and covers 11 a.m.–2 p.m., so you get at least 30 minutes off between 11 and 2. If you work 9 a.m. to 8 p.m., you also get at least 20 minutes between 5 and 7 p.m. If you work 10 p.m. to 6 a.m. in an office or store, you get 45 minutes around the middle of the shift (about 2 a.m.).

What documents do you need?

  • Your schedule and time records showing meal punches
  • Notes of days you worked through lunch or were interrupted
  • Any posted shorter meal period permit
  • Messages requiring you to stay at your post during meals

How do you get it?

  1. Know your window

    Use the rules above to find which meal periods your shift requires.

  2. Ask in writing

    If you aren't getting them, ask your manager in writing for the required meal period, or for pay for meal times you worked through.

  3. Complain to the DOL

    File form LS223 with the Division of Labor Standards; it lists missed meal periods as a 'non-wage' item it handles.

What if they refuse?

The Commissioner can order the employer to comply and impose civil penalties for meal period violations (Labor Law § 218(1)): up to $1,000 for a first violation, $2,000 for a second and $3,000 for a third or later one, for violations other than failing to pay wages. If you worked through meals without pay, that unpaid time can be claimed as wages. Complaining is protected from retaliation (§ 215).

Deadlines

File with the DOL promptly; it accepts claims for up to three years back. Claims for unpaid wages for time worked during meal periods generally have a six-year court limit (§ 198(3), § 663(3)).

Frequently asked questions

Can my employer make me eat at my desk?

You can stay at your desk, but you must be completely relieved of duty. The DOL says employees required to remain at their workstation during meal periods generally aren't considered relieved, so the time would be work time.

Does New York require 10- or 15-minute breaks?

No. Only meal periods are required. But if your employer gives short breaks (up to about 20 minutes), they must be paid as work time.

Can I skip lunch and leave 30 minutes early?

Not as a regular arrangement. The DOL says an employer and employee can agree to this occasionally for the employee's needs, but not on a long-term, regular basis.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.