New York Meal and Rest Break Laws (2026)

The rule

	New York
Noon meal, most workplaces	At least 30 minutes between 11 a.m. and 2 p.m. for a shift of more than 6 hours that extends over that period (mercantile and all non-factory establishments)
Noon meal, factories	At least 60 minutes between 11 a.m. and 2 p.m.
Long day	An additional 20 minutes between 5 p.m. and 7 p.m. for a workday that starts before 11 a.m. and continues later than 7 p.m.
Afternoon, evening, and night shifts	Shifts of more than 6 hours starting between 1 p.m. and 6 a.m.: 45 minutes (60 in factories) at a time midway between the start and end of the shift
Rest breaks	Not required. If an employer permits a break of up to 20 minutes, it should be paid as work time
Pay and waivers	Meal periods are unpaid and not counted as work time. The Commissioner may permit a shorter meal period by written permit posted at the workplace

Which rule applies to a typical shift

Most small teams fall under the 30-minute rule. A retail, restaurant, clinic, or office employee who works more than 6 hours across the 11 a.m. to 2 p.m. window must get at least 30 uninterrupted minutes inside that window. A factory employee on the same shift gets 60.

The 20-minute addition is easy to miss. An opener who starts at 9 a.m. and closes at 8 p.m. has a workday that begins before 11 a.m. and ends after 7 p.m., so on top of the noon meal they are owed another 20 minutes between 5 and 7 p.m. Evening shifts have their own rule: a 3 p.m. to 11 p.m. shift gets 45 minutes near 7 p.m., not 30.

Uninterrupted means off duty

The meal period has to be free of work to be unpaid. If an employee is called back to the floor after 12 minutes, that meal period was interrupted and the time is work time. The Department can permit shorter meal periods for particular employers by written permit, which must be posted at the main entrance and can be revoked; do not assume a shorter break is allowed without one.

Worked example: a 25-person restaurant

A server works a double: 10 a.m. to 9 p.m. with a 30-minute break at 1 p.m. Under Labor Law 162 she is owed two things that day.

A noon meal period of at least 30 minutes between 11 a.m. and 2 p.m. The 1 p.m. break satisfies this if it is uninterrupted.
An additional 20-minute meal period between 5 p.m. and 7 p.m., because the workday started before 11 a.m. and continued past 7 p.m. A manager who only schedules the lunch has missed the second one.
If the 1 p.m. break is cut short by a rush at the 15-minute mark, those 30 minutes are paid work time, and the day's hours go up accordingly.

How to track it

New York's rule is about timing and duration, so the record needs start and end punches for every meal period, plus the shift start and end times that decide which rule applies. An auto-deducted 30 minutes cannot show that the break fell inside the 11 a.m. to 2 p.m. window or that the evening 20 minutes happened.

ClockOut captures meal breaks as separate punches, applies the company's break rules to each shift, and puts short or missing breaks in the exception inbox before payroll runs, so interrupted breaks get paid and the pattern gets fixed.

New York meal and rest breaks FAQ

Does New York require rest breaks or coffee breaks?

No. Employers do not have to provide rest periods. If an employer allows a short break of up to 20 minutes, it should be paid as work time.

Is a 30-minute lunch enough in New York?

For most non-factory workplaces, yes, as long as it is uninterrupted and falls between 11 a.m. and 2 p.m. on a shift of more than 6 hours. Factories must give 60 minutes, and shifts starting between 1 p.m. and 6 a.m. need 45 minutes.

Do employees have to be paid for the meal period?

No. Meal periods do not count as work time when the employee is completely free of duty. If the employee works during it, the time is paid.

Can an employer shorten the meal period?

Only with a written permit from the Commissioner of Labor, which must be posted at the main entrance and can be revoked at any time.

Sources, checked September 9, 2026

This is general information, not legal advice. Rules change; check the linked source.