New York Break Laws: Meal and Rest Break Rules

New York break law in short: Meal break: 30 min+ for shifts over 6 hrs. No required paid rest breaks.

Quick answer for New York
Meal / lunch break required?
Yes
30 min+ for shifts over 6 hrs
Paid rest breaks required?
No state law
Not required for adults

Meal and lunch breaks in New York

Employees working a shift of more than 6 hours that spans the noon meal period (11 a.m. to 2 p.m.) get at least 30 minutes off for lunch during that window. Shifts starting before 11 a.m. and running past 7 p.m. get an extra 20 minutes between 5 and 7 p.m. Shifts of more than 6 hours starting between 1 p.m. and 6 a.m. get 45 minutes midway through.

Rest breaks in New York

New York doesn't require paid rest breaks for adults. If your employer gives short breaks (usually 5 to 20 minutes), federal law says they must be paid.

Good to know

  • Factory workers get longer breaks: 1 hour at midday and 1 hour for night shifts.
  • The Labor Commissioner can approve shorter meal periods in writing.

What federal law says (applies in every state)

  • Federal law doesn't require employers to give meal or rest breaks.
  • If your employer does give short breaks (usually 5 to 20 minutes), they must be paid.
  • Meal breaks of 30 minutes or more can be unpaid, but only if you're fully relieved of work. If you have to keep working while you eat, that time must be paid.
  • Most employers must give reasonable break time and a private space (not a bathroom) for nursing employees to pump breast milk for up to a year after a baby's birth.

Work out your hours

Use the Lunch Break Calculator to see your hours worked after an unpaid lunch, or the Timesheet Calculator to add up your week.

Please note: This page is a plain-English summary for adult (18+) private-sector employees, last checked October 2026. Workers under 18, government employees and union members often have different rules. Laws change, so for an official answer check with your state labor department. This isn't legal advice.

Sources

← Break laws in all 50 states · New Mexico · North Carolina

Frequently asked questions

Do I get a lunch break in New York?

Yes. Employees working a shift of more than 6 hours that spans the noon meal period (11 a.m. to 2 p.m.) get at least 30 minutes off for lunch during that window. Shifts starting before 11 a.m. and running past 7 p.m. get an extra 20 minutes between 5 and 7 p.m. Shifts of more than 6 hours starting between 1 p.m. and 6 a.m. get 45 minutes midway through.

Are breaks paid in New York?

New York doesn't require rest breaks for adults. But if your employer gives you a short break of about 5 to 20 minutes, federal law says it must be paid. Meal breaks of 30 minutes or more can be unpaid if you're fully relieved of work.

Can my employer make me work 8 hours without a break in New York?

It depends on how long your shift is. In New York: 30 min+ for shifts over 6 hrs. Shorter shifts may not require a break.

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