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Meal and Rest Break Laws in New York

New York requires a meal period of at least 30 minutes (60 minutes in factories) for shifts over 6 hours that extend over the 11 a.m. to 2 p.m. noon period, with extra meal periods for long and night shifts, and has no rest break rule for adults.

Last checked . General information, not legal advice.

New York at a glance

Meal break required
Yes
Meal break rule
30 minutes at midday for shifts over 6 hours
Factories: 60 minutes. Shifts from before 11 a.m. to after 7 p.m. get 20 more minutes between 5 and 7 p.m. Shifts over 6 hours starting 1 p.m. to 6 a.m.: 45 minutes (60 in factories).
Rest break required
No
Rest break rule
No state requirement for adults

Sources

Last checked

The rules in New York

Does New York law require meal breaks for adult employees?

Yes. Meal break required in New York: yes.

How long is the required meal break in New York, and when is it due?

Meal break rule in New York: 30 minutes at midday for shifts over 6 hours. Factories: 60 minutes. Shifts from before 11 a.m. to after 7 p.m. get 20 more minutes between 5 and 7 p.m. Shifts over 6 hours starting 1 p.m. to 6 a.m.: 45 minutes (60 in factories).

Does New York law require rest breaks for adult employees?

No. Rest break required in New York: no.

How long are required rest breaks in New York, and when are they due?

Rest break rule in New York: No state requirement for adults.

Where do the New York meal and rest break laws come from?

The rules above come from N.Y. Lab. Law 162. Each source is linked on this page. We last checked them in October 2026.

Good to know

The Commissioner of Labor may permit shorter meal periods by written permit posted at the workplace.

What this means in practice

Put the break schedule in writing, for example in an employee handbook, and apply it consistently. State rules often depend on shift length, so the policy should say when a break is due and how long it lasts.

Under federal rules, short rest breaks are generally counted as paid work time, while a bona fide meal period during which the employee is fully relieved of duty usually does not have to be paid. If an employee is asked to stay at the workstation or answer calls, the meal period may count as work time.

Check whether a state rule covers your industry and workforce. Break laws can treat minors, health care workers, nursing mothers or employees under a collective bargaining agreement differently, and city ordinances may add requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.