Unpaid Lunch Hours

With most occupations, working six to eight hours a day can be very tiresome. We, as people and as workers, look forward to rest breaks and lunch breaks because we all need a moment to recuperate so that we can continue thriving at our work. Though we all dream of taking breaks while continuing to get paid, that is not reality, especially when it comes to lunch breaks. The federal law as well as New York state law determines whether a person is afforded breaks and whether or not they are paid or unpaid. If you or a loved one is concerned about the treatment that you are receiving from an employer based on paid and unpaid breaks, it is in your best interest to contact The Law Offices of Joseph & Norinsberg LLC to determine whether you have a case.

Are You Entitled to Paid Breaks and Lunches?

Under federal law, employers are not legally required to allow breaks throughout the workday. However, New York State’s law is different. According to federal law, an employer is not required to give an employee lunch or coffee breaks. However, if an employer does offer an employee a rest break, no longer than 20 minutes, the federal law states that an employer must continue to pay the employer for that rest break. Though the federal law requires that rest breaks are compensable, lunch breaks are not because they serve a different purpose than a rest break or coffee break and they last longer – usually 30 minutes to an hour.

According to New York State’s law, employers are required to provide a lunch break, but employers are not required to give rest breaks. If an employer decides to give a rest break, unlike lunch breaks, rest breaks must be compensated, as they are considered work time. Though employers are required to provide lunch breaks for employees, the length of time that a lunch break will consist of depends on the industry as well as the shift. For example, employees who work a shift of more than six hours starting before 11 a.m. and continue to work until 2 p.m. must have an uninterrupted lunch period of at least half an hour between 11 a.m. and 2 p.m.

Need Legal Advice About Paid Breaks and Lunches?

At some point during the work day we all need to have a rest period, and though employers are not required to do so, they have an interest in allowing employees to go on breaks because not doing so slows up productivity if an employee is hungry and/or tired. According to New York State’s law, a lunch break is required depending on the shift that an employee is working and if a lunch break is not given, an employer can be held in violation of New York’s laws. If you or a loved one has not received adequate breaks during long shifts, you should contact a wage and hour lawyer at The Law Offices of Joseph & Norinsberg at 212-JUSTICE or info@employeejustice.com for an initial consultation to determine whether you have a case. We are dedicated to fighting for your rights.

2020-11-12T20:35:22+00:00December 7th, 2015|Wage & Hour Violations|

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

TESTIMONIALS

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.
Ysaac G
Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 
D.F.
To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!
Karleen L.
This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 
Isaiah B.
I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.
Kate P.

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