Can an employer force an employee to take a lunch longer than 45 minutes if the employee agrees to only taking 45?

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Can an employer force an employee to take a lunch longer than 45 minutes if the employee agrees to only taking 45?

This is in regards to the employee also being made to take an additional lunch per the state while working 11 am-7 pm. Can employer schedule employee for 1 hour

lunch and additional 30 minute meal period instead of the required 45 and 20?

Asked on September 27, 2018 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, the employer can do this. The law sets certain minimum breaks--not maximums. The employer, not the employee, determines schedule and when and how much the employee workes. What you describe is well within the employer's authority or power, unless the employee has an actual written employment contract setting or specifying his schedule (if there is a contract, the employer must follow it).


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