![]() Employees also cannot waive their meal period. Generally, employees who are required to remain at their desk or work area during meal periods are not considered to be completely relieved of their duties.Īs you can see in the chart above, the law is very specific as to the hours during which a meal break must be taken. Employees may choose to remain at their desk or in their work area during a meal period as long as they are not working. Legally required meal periods are not considered “hours worked” and employees are not required to be paid for such time – assuming the employees are completely free from work. For example, if you ask an employee to watch the front door during their lunch – even if no one uses the door – they are not completely relieved of their duties. The chart below lays out the meal period requirements for different types of workers.Įmployees must be completely relieved of their duties during their lunch/meal periods. However, the law differentiates between factory workers and non-factory workers. The requirements for employee meal periods are outlined in §162 of the New York Labor Law, and apply to public and private employers alike. That’s right, even if an employee protests having to take their lunch break, they have to take it. ![]() New York requires employers to give meal periods to employees working six hours or more – but there are specific times of day during which meal periods must be taken.Īlso, employees cannot opt out of their meal period. ![]() Employment Laws in New York You Might Not Know But Should! FOOD FOR THOUGHTīy Robert G.
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