If the work day is 8 hours long, is the required 30 minute lunch break included or excluded in those 8 hours?

UPDATED: Sep 30, 2022

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If the work day is 8 hours long, is the required 30 minute lunch break included or excluded in those 8 hours?

And for break times, if the company allows for 2 10 minute breaks in the morning and the afternoon, those break have to be paid, correct?

Asked on August 2, 2016 under Employment Labor Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In NY, if an employee is provided with a 30 minute meal break, it can be unpaid. However, workers must be paid for any breaks less than 20 minutes. Further,there is no right to rest breaks, so to the extent that they are provided by a company, the employer can set the conditions under which they are given (i.e. they can decide whether or not to pay for them).

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