New York Break Laws: Labor Law 162 Meal Periods

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The answer

Meal periods yes, rest breaks no

Section 162 of the New York Labor Law sets meal periods by the time of day a shift covers. A worker outside a factory whose shift runs over six hours and spans the noonday period (11 a.m. to 2 p.m.) gets at least 30 minutes off within that window; factory workers get 60 minutes. The New York State Department of Labor (NYSDOL) adds that no coffee or rest break is required, but a break of up to 20 minutes that an employer allows is paid as work time. (NYSDOL, Guidelines for Meal Periods (LS 443), Labor Law section 162)

“30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period.”
New York statute (U.S. DOL WHD, Meal Period Requirements table) · dol.gov · verified Sep 27, 2026

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What it means for New York employers

Think of the rule as a clock face. The noonday meal belongs between 11:00 a.m. and 2:00 p.m. A shift that begins before 11:00 a.m. and runs past 7:00 p.m. adds a second meal of at least 20 minutes between 5:00 and 7:00 p.m. A shift of more than six hours that starts between 1:00 p.m. and 6:00 a.m. gets a meal midway through it: 45 minutes in stores, offices and other establishments, 60 minutes in factories. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

Coverage is wide. NYSDOL's guidelines (LS 443) say section 162 applies to every person in any covered establishment, including white-collar and management staff, so exempt status does not remove the meal period. (NYSDOL, Guidelines for Meal Periods (LS 443), Labor Law section 162)

The Department allows a shorter meal of at least 30 minutes as a matter of course, without an application, when there is no sign of hardship to employees; that is how the 45 and 60 minute periods can be cut to 30. Anything below 30 minutes, down to 20, requires an investigation and a special written permit from the Commissioner, posted at the main entrance and revocable at any time. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

Single-person shifts get practical treatment. Where only one employee is on duty, or the only one in an occupation, NYSDOL accepts eating on the job without relief if the employee voluntarily agrees, but anyone who asks for an uninterrupted meal period has to get one. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

Meal periods are not work time in New York, so they can be unpaid when the employee is actually relieved. Short breaks follow the opposite rule: under the U.S. Department of Labor's federal guidance, breaks of roughly 5 to 20 minutes count as hours worked, which is consistent with NYSDOL's advice to pay permitted breaks up to 20 minutes. (NYSDOL, Guidelines for Meal Periods (LS 443), Labor Law section 162)

Exceptions and special cases

Shorter meal periods by Commissioner permit (at least 30 minutes routinely, 20 minutes only by special permit). (New York statute (U.S. DOL WHD, Meal Period Requirements table))
Voluntary eat-on-the-job arrangements for lone workers, revocable by the employee's request for an uninterrupted meal. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

Worked examples

Office shift, 9:00 a.m. to 5:30 p.m.

The shift is over six hours and covers 11 a.m. to 2 p.m., so at least 30 minutes off for lunch inside that window. No evening meal, since the shift ends before 7 p.m. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

Factory day shift, 7:00 a.m. to 8:00 p.m.

A noonday meal of 60 minutes (or at least 30 under the Department's standing allowance) between 11 a.m. and 2 p.m., plus an additional 20 minute meal between 5 and 7 p.m. because the shift started before 11 a.m. and runs past 7 p.m. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

Retail overnight shift, 10:00 p.m. to 6:30 a.m.

More than six hours starting between 1 p.m. and 6 a.m.: a 45 minute meal around the midpoint, near 2:15 a.m., or at least 30 minutes under the Department's allowance. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

How to act on it

Attendance and meal period policySchedule meals by clock windows, not only by hours worked.Break laws by stateNew York next to New Jersey, Pennsylvania, Connecticut, Massachusetts and Vermont.New York employer rulebookPaid sick leave, pay frequency and final pay in New York.Written warningFor break policy issues, applied the same way to all staff.

Breaks: New York and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

State	Meal break	Rest break
New York	30 minutes	No state rule
New Jersey	No state rule	No state rule
Pennsylvania	No state rule	No state rule
Connecticut	30 minutes	Pending verification
Massachusetts	30 minutes	Pending verification
Vermont	Reasonable opportunities to eat, no fixed length	Verified: see rule

Questions about New York break rules

Are coffee breaks required in New York?

No. NYSDOL says rest or coffee breaks are not required, but a permitted break of up to 20 minutes should be paid.

Is the New York lunch break paid?

No, meal periods are not work time when the employee is relieved, so they can be unpaid.

Do managers get meal periods in New York?

Yes. NYSDOL applies section 162 to every person in a covered establishment, including white-collar management.

Can a New York meal period be shorter than 30 minutes?

Only with a special written permit from the Commissioner after an investigation, and never under 20 minutes.

When is an evening meal required?

When a shift starts before 11 a.m. and continues after 7 p.m.: at least 20 minutes between 5 and 7 p.m.

The verified rules behind this page (5)

Outside factories, employees who work a shift of more than 6 hours extending over the noonday meal period get at least 30 minutes off for the meal. (New York statute (U.S. DOL WHD, Meal Period Requirements table); verified Sep 27, 2026)
Factories: Factories: 1 hour (sixty minutes) noon-day meal period. (New York statute (U.S. DOL WHD, Meal Period Requirements table); verified Sep 27, 2026)
Night shift: For those employed more than a 6-hour period starting between 1 p.m. and 6 a.m.: 1 hour in factories, 45 minutes in other establishments, midway in the shift. (New York statute (U.S. DOL WHD, Meal Period Requirements table); verified Sep 27, 2026)
Additional evening meal: Employees on a shift starting before 11 a.m. and continuing later than 7 p.m. must be allowed an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m. (New York statute (U.S. DOL WHD, Meal Period Requirements table); verified Sep 27, 2026)
No state requirement: No state rest break requirement; if an employer permits a break of up to 20 minutes it should be paid as work time. (U.S. DOL WHD, Minimum Paid Rest Period Requirements Under State Law, footnote 1; verified Sep 27, 2026)

Sources (5)

Checked Sep 27, 2026 · How we verify every rule · Report an error

New York meal period rules under Labor Law section 162