New York has state-specific rules that require employers to provide meal periods to employees and set the conditions under which the meal periods must be provided. To help you understand these obligations, we address some common misconceptions about meal periods in New York.

Myth #1: Even though meal periods are required in New York, all employers may limit them to 30 minutes.

Fact: While New York employers must provide all employees time off for meals, factory workers are generally entitled to a 60-minute break and non-factory workers are generally entitled to a 30-minute break if they work shifts of more than six hours under state law. There are special rules for employees starting shifts between 1:00 p.m. and 6:00 a.m. (see below).

Myth #2: It doesn't matter when the meal periods are provided in New York.

Fact: Non-factory workers are entitled to a 30-minute lunch break between 11:00 a.m. and 2:00 p.m. for shifts six hours or longer that extend over that period. For all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m., non-factory workers are entitled to a 45-minute meal break midway between the beginning and end of their shift.

Factory workers are entitled to a 60-minute lunch break between 11:00 a.m. and 2:00 p.m. for shifts six hours or longer that extend over that period. For all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m., factory workers are entitled to a 60-minute meal break midway between the beginning and end of their shift.

Note: Despite the statutory requirements, the New York State Department of Labor has said that it will permit employers to offer a shorter, 30-minute meal period as long as it doesn't cause hardship to employees. Consult legal counsel when determining whether providing meal periods of less than 60 minutes/45 minutes would cause hardship to employees.

Myth #3: Unlike employees in some other states, New York employees aren't entitled to a second meal period during extended workdays.

Fact: For workdays that extend from before 11:00 a.m. to after 7:00 p.m., all workers are entitled to an additional 20-minute meal break between 5:00 p.m. and 7:00 p.m.

Myth #4: New York's meal period requirements don't apply to employees who are classified as exempt from overtime.

Fact: All categories of employees are entitled to meal periods in New York, including those classified as exempt from overtime. Keep in mind that you can't make deductions from an exempt employee's salary for meal periods, even if they extend lunch breaks without authorization.

Myth #5: Employers may require non-exempt employees to remain at their workstation during an unpaid meal period.

Fact: For a meal period to be unpaid, it must meet the statutory requirements outlined above, and the employee must be completely relieved from duties. An employee isn't relieved if they are required to perform any duties, whether active or inactive, during that period. In general, employees who are required to remain at their desk or workstation during meal periods aren't considered to be completely relieved of their duties.

Conclusion:

Make sure your company is complying with all applicable rules governing meal periods.