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 [email protected] for an initial consultation to determine whether you have a case. We are dedicated to fighting for your rights.
