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New York meal and rest break law

The short answer

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)) 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)) Factories: 1 hour (sixty minutes) noon-day meal period. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

Last verified Sep 24, 2026 · How we verify every rule

General information, not legal advice. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Every rule on this page links to its official source.

Meal breaks

Do adult employees get a meal break?30 minutesVerified Sep 24, 2026 · 2 official sources

  • 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))

    “An additional 20 minutes between 5 p.m. and 7 p.m. for those employed on a shift starting before 11 a.m. and continuing after 7 p.m.”

    New York statute (U.S. DOL WHD, Meal Period Requirements table) · dol.gov

    “Every person employed for a period or shift starting before eleven o’clock in the morning and continuing later than seven o’clock in the evening shall be allowed an additional meal period of at least twenty minutes between five and seven o’clock in the evening.”

    NY Labor Law section 162 (NYSDOL Guidelines for Meal Periods, LS 443) · forms.labor.ny.gov

    dol.gov · forms.labor.ny.gov · verified Sep 24, 2026 · 2 official sources

  • Factories: Factories: 1 hour (sixty minutes) noon-day meal period. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

    “New York 1 hour noon-day period Statute Factories”

    New York statute (U.S. DOL WHD, Meal Period Requirements table) · dol.gov

    “Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noonday meal.”

    NY Labor Law section 162 (NYSDOL Guidelines for Meal Periods, LS 443) · forms.labor.ny.gov

    dol.gov · forms.labor.ny.gov · verified Sep 24, 2026 · 2 official sources

  • 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))

    “1 hour in factories, 45 minutes in other establishments, midway in shift, for those employed more than a 6-hour period starting between 1 p.m. and 6 a.m.”

    New York statute (U.S. DOL WHD, Meal Period Requirements table) · dol.gov

    “Every person employed for a period or shift of more than six hours starting between the hours of one o’clock in the afternoon and six o’clock in the morning, shall be allowed at least sixty minutes for a meal period when employed in or in connection with a factory, and forty-five minutes for a meal period when employed in or in connection with a mercantile or other establishment or occupation coming under the provision of this chapter, at a time midway between the beginning and end of such employment.”

    NY Labor Law section 162 (NYSDOL Guidelines for Meal Periods, LS 443) · forms.labor.ny.gov

    dol.gov · forms.labor.ny.gov · verified Sep 24, 2026 · 2 official sources

  • General rule: 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))

    “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

    “An employee who works a shift of more than six hours, which extends over the noonday meal period, is entitled to at least thirty minutes off within that period for the meal period.”

    NY Labor Law section 162 (NYSDOL Guidelines for Meal Periods, LS 443) · forms.labor.ny.gov

    dol.gov · forms.labor.ny.gov · verified Sep 24, 2026 · 2 official sources

Rest breaks

Do adult employees get paid rest breaks?No state ruleVerified Sep 24, 2026 · 2 official sources

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)

“States not listed do not require paid rest periods.”

U.S. DOL WHD, Minimum Paid Rest Period Requirements Under State Law, footnote 1 · dol.gov

“Employers do not have to provide other "breaks", such as for "rest periods" or "coffee breaks." But, if an employer permits a break (of up to 20 minutes), then they should pay it as work time.”

NYS Department of Labor, Wages and Hours FAQ · dol.ny.gov

dol.gov · dol.ny.gov

What it means for an employer

  1. Write down the break schedule for each shift length and give it to your staff.
  2. Short breaks you offer (about 5 to 20 minutes) count as paid work time under federal rules (U.S. DOL).
  3. A meal period can be unpaid only when the employee is completely relieved from duty (29 CFR 785.19).
  4. Record meal periods in your time system so you can show when each one started and ended.

The federal default

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked.”

U.S. Department of Labor: Breaks and meal periods · dol.gov

“Bona fide meal periods are not worktime. Bona fide meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals.”

State rules can add to the federal default. The New York rules above are the ones we verified; for anything not covered, ask the state labor office.

Breaks: New York and its neighbors

StateMeal breakRest break
New York30 minutesNo state rule
New JerseyNo state ruleNo state rule
PennsylvaniaNo state ruleNo state rule
ConnecticutNot verifiedNot verified
MassachusettsNot verifiedNot verified
VermontVerified: see ruleVerified: see rule

Only verified rules are shown. "Not verified" means we have not checked that state's rule yet; open its rulebook for the official source.

New York employer rulebookEvery verified rule for the stateBreak laws by stateOne row per state, with sources

Questions about New York break laws

Do adult employees get a meal break in New York?

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)) Factories: Factories: 1 hour (sixty minutes) noon-day meal period. (New York statute (U.S. DOL WHD, Meal Period Requirements table)) 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)) 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))

Do adult employees get paid rest breaks in New York?

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)

Sources (6)

Checked Sep 24, 2026 · How we verify every rule · Report an error