New York's time-based break rules
Unlike most states that trigger breaks solely by shift duration, New York Labor Law § 162 links meal period requirements to when the shift takes place. There are three distinct situations:
- Midday shifts: Employees who start before 11 AM and work past 2 PM are entitled to a 30-minute lunch break in that window.
- Evening and overnight shifts: Employees starting between 1 PM and 6 AM who work 6 or more hours are entitled to a 45-minute break.
- Extended shifts: Any shift of 11 or more hours requires an additional 20-minute break, taken between 5 PM and 7 PM if possible.
Worked examples
8-hour morning shift (start 8 AM)
7-hour evening shift (start 3 PM)
No general paid rest break requirement
New York Labor Law § 162 governs meal periods only. There is no statewide requirement for paid 10-minute or 15-minute rest breaks under New York law, unlike Colorado or Nevada. However, specific industry wage orders — including the Hospitality Wage Order (12 NYCRR Part 146), the Miscellaneous Industries Order, and the Building Service Industry Order — may impose separate rest break requirements for employees in those sectors.
What this does not determine
- Whether an applicable industry wage order (e.g., Hospitality, Farm Workers) imposes additional or different break rules.
- Whether actual breaks provided were compliant in timing, duration, or freedom from duties.
- The spread-of-hours premium under the Hospitality Wage Order (a separate rule — see the Split Shift & Reporting Time calculator).
- Overtime, minimum wage, or other rights under New York Labor Law.
Sources and verification
Rules are drawn from NY Labor Law § 162 and the NYSDOL Rest and Meal Periods guidance page. Industry-specific wage orders are available at dol.ny.gov/wage-orders. No automatic premium-pay remedy for a missed meal break exists under New York state law; complaints may be filed with the NYSDOL at labor.ny.gov.