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<blockquote data-quote="local804" data-source="post: 281935" data-attributes="member: 1123"><p>New York is one of just 11 U.S. states that require a meal period on each shift, but not shorter breaks under the New York lunch and break laws. A number of statutes cover required meal periods in New York. Factory workers, for example, are covered under a separate law requiring a daily 1-hour “noon-day” meal period. This meal period may be unpaid, but the employee must be relieved of all work duties. For those employed on a factory shift of 6 hours or longer, starting between 1 pm and 6 am, a 1-hour unpaid meal break must be given midway through the shift. Factory meal periods may be shorter only if written permission is obtained from the Labor Commissioner. </p><p></p><p>For all other establishments and occupations covered by state labor law, a 30-minute unpaid meal period must be provided for each employee who works more than 6 hours, if the shift extends over the noonday meal period. An additional 20-minute meal break between 5 pm and 7 pm is required for all industries and occupations on any shift starting before 11 am and extending after 7 pm. For employees in all industries who work a shift of 6 or more hours beginning between 1 pm and 6 am, a 45-minute meal period must be given midway in the shift. The meal period for each statute may be shorter, only with written permission from the Labor Commissioner.</p><p></p><p>The New York lunch and meal break laws are more extensive than nearly any other state, yet they address only meal periods. Although 8 states have statutes or policies requiring shorter rest breaks during the day as well as a meal break, New York does not. There is no provision under the New York law for employees to take smoke breaks, coffee breaks or shorter rest breaks. Instead, along with Minnesota, Massachusetts, Nebraska, New Hampshire, North Dakota, Rhode Island, Tennessee, West Virginia, Connecticut and Delaware, New York mandates a meal period only.</p></blockquote><p></p>
[QUOTE="local804, post: 281935, member: 1123"] New York is one of just 11 U.S. states that require a meal period on each shift, but not shorter breaks under the New York lunch and break laws. A number of statutes cover required meal periods in New York. Factory workers, for example, are covered under a separate law requiring a daily 1-hour “noon-day” meal period. This meal period may be unpaid, but the employee must be relieved of all work duties. For those employed on a factory shift of 6 hours or longer, starting between 1 pm and 6 am, a 1-hour unpaid meal break must be given midway through the shift. Factory meal periods may be shorter only if written permission is obtained from the Labor Commissioner. For all other establishments and occupations covered by state labor law, a 30-minute unpaid meal period must be provided for each employee who works more than 6 hours, if the shift extends over the noonday meal period. An additional 20-minute meal break between 5 pm and 7 pm is required for all industries and occupations on any shift starting before 11 am and extending after 7 pm. For employees in all industries who work a shift of 6 or more hours beginning between 1 pm and 6 am, a 45-minute meal period must be given midway in the shift. The meal period for each statute may be shorter, only with written permission from the Labor Commissioner. The New York lunch and meal break laws are more extensive than nearly any other state, yet they address only meal periods. Although 8 states have statutes or policies requiring shorter rest breaks during the day as well as a meal break, New York does not. There is no provision under the New York law for employees to take smoke breaks, coffee breaks or shorter rest breaks. Instead, along with Minnesota, Massachusetts, Nebraska, New Hampshire, North Dakota, Rhode Island, Tennessee, West Virginia, Connecticut and Delaware, New York mandates a meal period only. [/QUOTE]
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