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Federal Laws
While federal law does not require meal or rest breaks for employees, it does consider any break lasting between 5 to 20 minutes as compensable. Thus, breaks lasting 20 minutes or less factor into one’s total working time and are typically paid. Breaks 30 minutes or more are typically meal breaks and do not factor into total work time. The type of work and length of one’s shift help determine the type of break an employee must receive under federal and state labor laws.
Fair Labor Standards Act (FLSA)
Congress initially passed the Fair Labor Standards Act in 1938. This act established the Wage and Hour Division of the US Department of Labor, responsible for enforcing specific national, state, and local labor laws. In 1941, the US Supreme Court confirmed FLSA’s status, allowing the division to have an even broader reach and expanding what the act covers. The FLSA defines the legal definition of “working” and dictates the basic necessities for workplace standards. This includes minimum wage, exempt vs. non-exempt employees, workplace reporting procedures, basic worker protections, and the breaks an employee must receive.
What it does not cover:
- Pay raises
- Fringe benefits
- Vacation or sick pay
- Meal breaks or rests
- Notices of discharge or immediate pay to terminated employees
- W-2 forms
- Pay stubs
The FLSA also does not restrict the amount of hours employees may work in a day or overtime pay if the employee in question is over 16. However, states have their own laws regarding all of the abovementioned matters.
New York Labor Law Section 162: Meal and Rest Breaks
New York’s Labor Law Section 162 provides employees with certain rights:
- If the work shift starts before 11 A.M. and will extend beyond 7 P.M., then all workers are entitled to an additional 20-minute break between 5 P.M. and 7 P.M.
- Non-factory workers:
- If an employer extends non-factory workers’ shifts beyond six hours from 11 A.M. to 2 P.M., workers are entitled to a 30-minute break. If the working hours are longer than six and are between 1 P.M. and 6 A.M, workers are also entitled to an additional 45-minute break at the midway point.
- Factory Workers:
- If a factory worker’s shift is longer than six hours and extends through 11 A.M. and 2 P.M, the worker is entitled to a 60-minute break. If the shift is longer than six hours and extends between 1 P.M. and 6 A.M, they are entitled to an additional 60-minute break.
Who is a Factory Worker?
Any employee working in a manufacturing establishment, mill, or workshop is considered a “factory worker.” However, this does not include dry dock plants for ship repair and powerhouses.
Who else Does Section 162 Cover?
All employees and employers in the private or public sectors are covered by the Labor Law Section 162. These meal breaks differ depending on whether an employee is a factory or non-factory worker. The law requires employees to offer meal breaks to all who meet the criteria based on their hours. However, the employee doesn’t need to take it. The law requires employers to offer employees the opportunity to take this break without suffering any penalties.
Do Employees get Paid for Meal Breaks?
Typically, meal periods do not count as part of the hours worked unless under unique circumstances. However, the law typically considers breaks taken under 30 minutes as part of an employee’s working hours.
Are All Employees Paid for Rest Breaks?
The Labor Law does not require short rest breaks, but if an employer allows for short rest breaks, it is necessary to include that time in the total hours worked. Employers commonly provide rest breaks between 5 to 20 minutes, given that they increase the efficiency and productivity of the employees.
Do I get a Meal or Rest Break if I am Working Alone?
If there is only one employee on duty during the shift, the employer is still required to be able to offer a complete meal break. However, the employee should voluntarily consent to the conditions set forward by signing an agreement at the time of hiring. The employer, in return, needs to explain to the employee the one-person work environment and the conditions where they may not be able to have a complete, uninterrupted meal break. It may violate the law if an employer requires this without stipulating the requirement in one’s contract during the hiring process.
What are “Brown Bag Lunches”?
“Brown bag lunches” are “breaks” where employees can eat lunch during an event. These events may be work-related or not. It is not compensable if the employees cannot leave the event anytime and have an uninterrupted meal break. Therefore, if attendance is voluntary, it is considered a meal break. However, if the employer requires them to attend the event (that is typically work-related), it should count as hours worked under the New York Labor Law.
Rest and Meal Breaks for Nursing Mothers
Under federal law, all employers must provide break accommodations for nursing mothers for up to one year after childbirth. They must also provide a private place (other than a bathroom) for the nursing employee.
Is the Bathroom a Private Space for Nursing Mothers?
Under the law, the bathroom is not sufficient space for nursing mothers. The employer may create a temporary private area or privatize an already established room for nursing employees.
Do Nursing Employees get Paid Breaks?
Under the Federal Labor Standards Act (FLSA), employers do not necessarily have to pay their employees for breaks taken for breastfeeding and nursing purposes. Breaks for nursing will only count towards an employee’s total hours if it falls within the same breaks an employer affords all employees.
Contact Pride Legal
If you or a loved one have questions regarding meal and rest breaks in New York, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.