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N.Y. Lab. Law § 162

Time allowed for meals

Applied in 3 court decisions — leading case Roach v. T.L. Cannon Corp. (2015)

Most recently applied in 136 F. Supp. 3d 304 - Hill v. City of New York (September 2015)

2014-09-22

§ 162. Time allowed for meals. 1. Every person employed in or in\nconnection with a factory shall be allowed at least sixty minutes for\nthe noon day meal.\n 2. Every person employed in or in connection with a mercantile or\nother establishment or occupation coming under the provisions of this\nchapter shall be allowed at least thirty minutes for the noon day meal,\nexcept as in this chapter otherwise provided. The noon day meal period\nis recognized as extending from eleven o'clock in the morning to two\no'clock in the afternoon. An employee who works a shift of more than\nsix hours which extends over the noon day meal period is entitled to at\nleast thirty minutes off within that period for the meal period.\n 3. Every person employed for a period or shift starting before eleven\no'clock in the morning and continuing later than seven o'clock in the\nevening shall be allowed an additional meal period of at least twenty\nminutes between five and seven o'clock in the evening.\n 4. Every person employed for a period or shift of more than six hours\nstarting between the hours of one o'clock in the afternoon and six\no'clock in the morning, shall be allowed at least sixty minutes for a\nmeal period when employed in or in connection with a factory, and\nforty-five minutes for a meal period when employed in or in connection\nwith a mercantile or other establishment or occupation coming under the\nprovisions of this chapter, at a time midway between the beginning and\nend of such employment.\n 5. The commissioner may permit a shorter time to be fixed for meal\nperiods than hereinbefore provided. The permit therefor shall be in\nwriting and shall be kept conspicuously posted in the main entrance of\nthe establishment. Such permit may be revoked at any time.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.