Being forced to stay on task nonstop for your full shift can add stress and sap your overall productivity. An employer that refuses reasonable breaks can create a hostile work environment, making workers dread coming into the office and raising their risk of burnout.
Unfortunately, no federal law mandates that employers provide reasonable breaks to employees during their shifts. However, many states, including New York, do require employee breaks, and violating those laws can force companies to pay penalties or back pay.
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What Are the Laws Around Meal and Rest Breaks?
Whether it’s legal to not give breaks to employees depends on the specific laws of your state and the nature of your job. New York has no laws requiring rest breaks, but if an employer allows them, it must pay workers for any breaks that are 20 minutes or less under Federal law.
In New York, employers must provide unpaid meal periods each day for a certain amount of time, depending on the type of job the employee has. Factory workers must be allowed an hour-long lunch break between 11 a.m. and 2 p.m. and an additional meal break for shifts of six hours or more that start between 1 p.m. and 6 a.m.
Non-factory workers must get similar breaks, but the minimum length is reduced to 30 minutes for lunch breaks and 45 minutes for late shift meal breaks. Regardless of occupation, all workers must receive a 20-minute meal break in the evening if their shift starts before 11 a.m. and extends to after 7 p.m.
As of June 2024, all New York employers must also provide 30 minutes of paid break time for mothers to pump breast milk.
Can Your Employer Deny You a Break?
Under New York law, the Commissioner of Labor may grant permits for shorter meal periods, but doesn’t allow companies to forgo them entirely. Required meal periods are typically unpaid under the law but count as paid work time if the employee works through them.
Federal law considers “bona fide” meal periods to be rest breaks where the worker is completely relieved of any job-related duties. Your employer cannot force you to work or remain available for work while taking your meal period, and if you consent to perform any work-related tasks while on your lunch break, it is not considered a meal period, and you must be paid for that time.
The New York Department of Labor observes a “One-Employee Shift” exception, where an employer can force an employee to work through a meal period if they are the only worker present at the business or in a specific role. However, the employee must voluntarily agree to this arrangement.
What Are Common Break Violations by Employers?
Employers too often take advantage of employees who aren’t aware of their legal rights regarding breaks. Common ways employers violate break laws in New York include:
- Failing to provide mandated meal breaks
- Forcing employees to work through meal breaks without pay
- Keeping an employee working through lunch under the “One-Employee Shift” exception without first getting their informed consent
- Allowing short coffee, snack, or rest breaks, but treating them as unpaid time
- Taking the full required meal break time out of an employee’s payroll when they did not take the full time of.
In Which Industries are Break Violations the Most Common?
Occupations with hourly schedules tend to have higher rates of wage and hour violations. Industries where meal and rest break violations may be common include:
- Retail
- Restaurants and food service
- Manufacturing
- Agriculture
- Hospitality
- Construction
What Should You Do If You Are Denied a Break at Work?
In many circumstances, your employer has the right to deny you short breaks during your shift. However, if you think your employer might be violating labor laws, such as by forcing you to work through your lunch break, you might be able to take legal action.
It’s important to document every instance. Take thorough notes every time you experience a potential violation. Maintain any written communications about the situation and get contact information from any witnesses who can corroborate verbal conversations.
If you’re confident your employer is not following the law, meet with your supervisor and an HR representative. Bring your evidence and have relevant sections of the law ready to explain how and why your employer’s actions violate it. If the violations continue, you may be entitled to back pay and other penalties.
An experienced New York employment lawyer can help you gather evidence, understand your legal options, and demonstrate your employer’s liability under New York law.
Contact Joseph & Norinsberg For Your Employment Law Cases
If you believe your employer is illegally preventing you from taking breaks at work, you don’t have to fight alone. The dedicated New York employment law attorneys with Joseph & Norinsberg have more than 100 years of collective experience fighting for the rights of workers like you.
Contact us online or call 212-227-5700 today for a free consultation.
