Schedule of Mandatory Meal Periods for Nonexempt Employees

Meal Period Requirements

The following table provides meal period requirements, based on the length of the scheduled work day and times.

Work Day Length

Work Day Times(s)

Meal Period Length/Times

More than 6 hours

Beginning after 6:00 a.m. and extending beyond 2:00 p.m.

30 minutes*, taken between 11:00 a.m. and 2:00 p.m.

* Also refer to the paragraph Shorter Meal Periods from Doing Business in NY: Meal Period Guidelines:

"The Department will permit a shorter meal period of not less than 30 minutes as a matter of course, without application by the employer, so long as there is no indication of hardship to employees. A meal period of not less than 20 minutes will be permitted only in special or unusual cases after investigation and issuance of a special permit."

More than 6 hours

Extending between 1:00 p.m. and 6:00 a.m. (inclusive)

30 minutes, taken mid-shift

Additional Information

Doing Business in NY: Meal Period Guidelines on the New York State Department of Labor Web site.

Not all possible meal period questions can be anticipated, and the "Guidelines" may not cover all situations that might arise. For additional information or assistance, contact any of the Division of Labor Standards offices.

Division of Labor Standards District Offices on the New York State Department of Labor Web site (http://www.labor.state.ny.us).

 

 

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