What is included in New York State law for breaks for hourly workers?

[dana]

I work at a Thruway rest stop in the state of New York. My boss is extremely demeaning, though that may just be a side note to consider. The employees (us) get one half-hour break if we work seven or more hours a day, or one fifteen-minute break if we work six hours or less. Isn't it New York State law that an employer gives two fifteen-minute breaks and a half-hour 'lunch' for an 8-hour day? The one break that we have is paid, though she has said herself that it's so that if we get a bus of people, we can put our break on hold until after the shop has cleared out. If this is against the law, a link to a form that can be filled out online, or printed up, would be very helpful. Other than that, any thoughts?

[chen12]

This is a very 'grey' area, and one where bosses often shortchange workers.

If you make a big deal of it, you will probably lose the job - for 'other reasons' of course.

I would try to do the work that needs to be done and take a break then. That's is all she probably wants - the work to get done.

[orson19]

The New York Department of Labor regulates the time and manner in which employers in New York State are required to offer meal breaks and other breaks to their employees. This is regulated by Labor Law section 162, which specifies how long lunch breaks are required to be, regulations for other non-meal breaks, and exceptions to the meal break rules.
Required Meal Periods for Daytime Shifts
The general rule under Section 162 is that if an employee works at least six hours, with her shift beginning before 11 a.m. until at least 2 p.m., then she is entitled to a lunch break of at least 30 minutes between 11 a.m. and 2 p.m. However, Section 162 expands this rule to workers employed in factories. If an employee works in or in connection with a factory, then the employer is required to provide at least a one-hour lunch break. Additionally, if an employee's shift starts before 11 a.m. and continues after 7 p.m., then he is entitled to an additional 20-minute meal period between 5 p.m. and 7 p.m.

Required Meal Periods for Afternoon and Night Shifts
Section 162 draws a distinction between workers who begin their shifts during the day and workers who begin their shifts in the afternoon, evening, or early morning. If an employee begins a shift between 1 p.m. and 6 a.m., she will be entitled to a one-hour lunch break if she works in a factory, or 45 minutes if she does not work in a factory. Section 162 does not specify the time in which the lunch break must occur, but does say that it should be in the middle of the shift

Required Break Periods
Unlike other states, the New York labor law does not require employers to offer breaks, such as coffee or smoking breaks, beyond the mandatory meal breaks as described above. Therefore, an employer who does not offer any breaks outside of a lunch break is not in violation of any provision of the New York labor law. However, the New York Department of Labor does state that if employers offer these types of breaks voluntarily, then those breaks should be paid as if the employee was working.

Shorter Lunch Periods Allowed
The New York Department of Labor has also developed guidelines that allow for a shorter meal period in some situations. For example, the Department of Labor allows employers to shorten meal periods to 30 minutes, without applying for a permit, providing that there is no indication of any employee hardship. Additionally, the Department of Labor allows employers to apply for a permit that allows them to offer 20-minute lunch periods. The permit is issued only in unusual cases, and the Department of Labor will conduct an investigation prior to issuing the permit, which can be revoked at any time.

One Employee Shifts
The Department of Labor also has addressed situations in which there is only one employee on duty during a lunch period. In this case, the employee can voluntarily consent to eat on the job. However, an employee is not required to consent to this arrangement, and an uninterrupted lunch break must be given when employees request them.

Q: Must an employer give meal periods and "breaks" to workers?

A: Employees who: .
• Work a shift of more than six hours starting before 11 AM
AND .
• Continue until 2 PM
MUST .
• Have an uninterrupted lunch period of
AT LEAST .
• Half an hour between 11 AM and 2 PM
For meal period requirements, go to: .
http://www.labor.ny.gov/formsdocs/wp/LS443.pdf.
Meal periods do not count as work time, thus employers need not pay for that time.
Employers do not have to provide other "breaks", such as for "rest periods" or "coffee breaks." But, if an employer permits a break (of up to 20 minutes), then they should pay it as work time