Do I have a right to a noon meal break at work?

Full question:

I work a shift with the hours of 6am-2pm. My employer does allow me a unpaid 30min. lunch break. The half hour lunch break used to start at 11am-11:30am. My employer changed the hours to 10:30am-11am. I now no longer can order out lunch or run any where to get lunch because lunch time hours start at 11am for franchises. I looked up the labor management law and it says I have the right for a noon time meal between the hours of 11am-2pm is this the law?

  • Category: Employment
  • Date:
  • State: New York

Answer:

In New York, labor laws provide specific meal break rights. According to New York Labor Law § 162:

  1. If you work a shift longer than six hours that extends over the noon meal period (11am-2pm), you are entitled to at least thirty minutes for a meal break during that time.
  2. The law recognizes the noon meal period as extending from 11am to 2pm.
  3. For shifts starting before 11am and ending after 7pm, an additional meal period of at least twenty minutes is required between 5pm and 7pm.

Therefore, your employer's change to a lunch break from 10:30am to 11am does not comply with the law, as it does not allow you a meal break during the designated noon meal period. You have the right to a meal break during the hours of 11am to 2pm.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, an 8-hour workday does not include a lunch break. Employers are not required to pay for meal breaks, but they must provide them if the employee works a shift longer than six hours. In New York, if your shift extends over the noon meal period (11am-2pm), you are entitled to at least a 30-minute unpaid meal break during that time.