<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=690758617926394&amp;ev=PageView&amp;noscript=1">

Breaks and Rest Periods - New York

From the Complete Payroll Labor Law Library.

 

Overview of Law

New York requires that employers provide employees meal periods as follows:

  • Employees are entitled to a 30-minute break between 11 a.m. and 2 p.m. for shifts that cover that time span and are more than 6 consecutive hours.
  • Employees are entitled to a 45-minute break for shifts more than 6 consecutive hours that begin between 1 p.m. and 6 a.m. The break must be in the middle of the employee’s shift.
  • Employees are entitled to an additional 20-minute break between 5 p.m. and 7 p.m. for all shifts that begin before 11 a.m. and continue after 7 p.m.
  • Factory workers are entitled to a 60-minute break between 11 a.m. and 2 p.m.
  • Factory workers are entitled to an additional 60-minute break in the middle of their shift for all shifts that are more than 6 consecutive hours and begin between 1 p.m. and 6 a.m.

Note: Federal law requires that lactating women be provided with reasonable breaks to express milk for up to one year after the birth of a child. For additional information, see Recommended content. New York has special requirements for this.

Lactation Accommodations

New York law requires that accommodations be made for nursing mothers. Reasonable unpaid break time (or paid break time, meal time, or both) must be provided to employees to express breast milk for their nursing children. Employers must provide a place (other than a bathroom) that is reasonably close to the employee’s workplace and is shielded and private. This must be provided each day for up to three years after the child’s birth. No employer shall discriminate in any way against an employee who chooses to express breast milk in the workplace.

Employers must provide written notice of the New York lactation accommodation rules to employees who are returning to work following the birth of a child, and their right to take unpaid leave to express breast milk. Notice may be provided individually to employees, or to all employees generally by including the notice in an employee handbook. Posting of the notice in a central location is also permitted.

Employees wishing to make use of this benefit must give the employer reasonable notice. Notice should be given to the employer prior to the employee’s return to work following the birth of a child to allow the employer an opportunity to establish a location and schedule leave time among multiple employees if needed.

Under the Fair Labor Standards Act, employers also are required to provide reasonable break time for employees to express breast milk for their nursing child, as frequently as needed, for up to one year after the child’s birth. Employers are also required to provide a place (other than a bathroom) that is shielded from view and free from intrusion from coworkers and the public.

Ask a labor law question

Got a labor law question?

Our team helps employers with labor law compliance every day. Complete the form below to ask a question or request some help.

Request an HR Software Demo

General Disclaimer

The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice.  The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis.  Please consult an attorney to obtain advice with respect to any particular question or issue. 

In the current business climate, owning a small business is very difficult. Having a payroll company that can eliminate all my potential headaches and concerns in one facet of the business is so important. I cannot imagine using anyone other than Complete Payroll.

Kevin Casey.png

Kevin Casey, Chief Operating Officer, Mead Square Pharmacy

What I love most about Complete Payroll is the quick resolution and response. There are not many issues, but like anything in life, issues happen and the way they are dealt with is the true testament of a person or company. And Complete Payroll is the best at acknowledging the issue and resolving the problem quickly. My rep is fantastic to work with and I refer Complete Payroll whenever I can!

Nancy Woolver.png

Nancy Woolver, Financial Adviser, The Financial Service Company

The team at Complete Payroll does an amazing job taking care of all our payroll needs. The Evolution Software is so user-friendly and whenever I do have a question Andrea is right there to help me. I have worked with several payroll companies over the past 31 years and moving to Complete Payroll back in 2011 was one of my best decisions. It’s difficult to find an organization that is so dedicated to their clients but Complete Payroll never disappoints. I would highly recommend that everyone head over to Payroll Country. You’ll be glad you did.

George Emerling.png

George Emerling, Vice President, Emerling Agency

Hunt Hollow Ski Club has been using Complete Payroll Processing for all our payroll needs for many years. We've tried other companies from time to time but always return to Complete Payroll. The main reason is because we have an assigned payroll specialist who knows our needs inside and out, is knowledgeable, easy to reach and very responsive. My questions and concerns are addressed in a VERY timely manner and I never feel that I have to handle sticky issues alone.

Arden Neubauer.png

Arden Neubauer, Business Manager, Hunt Hollow Ski Club

Recent Articles

If it's relevant or interesting and it relates to taking care of your people, we're publishing it.

Preventing Sexual Harassment in the Workplace - A 2019 Update

In 2018, over 13,000 sex-based harassment claims were filed with the Equal Employment Opportunity Commission (EEOC). This number doesn’t include charges filed with state and local agencies or

The Top Complaints About Certified Payroll

When it comes to Certified Payroll, we have helped a lot of companies with a lot of different problems.  Because we work with both large and small construction businesses, we understand the ins and

Why Is Certified Payroll So Complicated?

Construction companies, the waste management industry, and manufacturing all face a shared common problem: Certified Payroll penalties.  Out of all industries with federal construction contracts,

bottom-cta-bg.jpg

Learn what a life in Payroll Country could mean for your business.

Request a quote
Get more information