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Knowledgeable New York Employment Lawyers Serving Employees with Meal and Rest Break Concerns


We help employees obtain the breaks they are entitled to

New York Labor Law Section 162 provides clear direction over meal period and rest break requirements for all public and private sector employees. Unfortunately, understanding these laws and how they apply to each employee can be difficult as different guidelines apply to varying types of workers.

The New York employment lawyers at Hepworth, Gershbaum & Roth, leverage decades of experience and a detailed knowledge of New York and federal laws to support employees with concerns over meal and rest breaks. We provide the guidance you need to determine whether or not you are receiving the breaks you are entitled to by law.

Meals and rest break requirements for factory workers

Under Section 162, factory workers are considered as any individual employed in or in direct connection with a factory. Under the law, the term factory applies to a wide range of business types, including:

  • Mills

  • Workshops

  • Manufacturing plants

  • And more…

These workers are entitled to a 60-minute lunch break between the hours of 11:00 a.m. and 2:00 p.m. Workers employed on shifts beginning between 1:00 p.m. and 6:00 a.m. are entitled to another 60-minute meal break. 

All factory workers are entitled to an additional 20-minute break during shifts lasting more than six hours.

Meals and rest break requirements for non-factory workers

Employees of any type of business other than a factory are entitled to 30-minute lunch breaks between 11:00 a.m. and 2:00 p.m., provided that the shift lasts longer than six hours.

Non-factory workers are also entitled to an additional 20-minute break for shifts lasting longer than six hours.

Are employers required to pay employees for meal and rest breaks?

The laws governing wage payments for break periods are different for each type of respite.

  • Rest breaks: If rest breaks are provided to employees, they must be counted as working time. This means that any break of short duration, up to 20 minutes, must be paid at regular wage.

  • Meal breaks: Under labor laws, employers are not required to compensate employees for meal breaks lasting 30 minutes or longer. It is up to each employer, however, to develop their own specific policy regarding the payment of wages during meal breaks.

It is important to note that the rules governing the payment of wages may differ slightly for specific situations. Discussing your unique situation with a New York employment lawyer is the best way to gain information on your rights.

What do I do if I am denied my breaks?

If your employer has denied you meal or rest breaks, or refuses to pay for them, it may be necessary to file a complaint with the New York Department of Labor.

Schedule a free consultation to discuss your situation with our skilled New York employment lawyers

Understanding the meal and rest break statues and how they apply to you can be challenging. The New York employment law attorneys at Hepworth, Gershbaum & Roth aid employees during the search for resolutions to meal and rest break disputes.

To schedule a free consultation to discuss your case with one of our New York employment lawyers, contact us online or call 212-545-1199 today.




Contact an employment law attorney in New York today for a free initial consultation and determine whether you have a case. For a free initial consultation, you can contact us online or by phone.

CALL US TODAY! 212-545-1199