What are my rights ifI am being denied alunch break?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What are my rights ifI am being denied alunch break?

My employer will not allow me a 1/2 hour lunch on a 8 hour shift. Can I sue them for this?

Asked on December 4, 2010 under Employment Labor Law, New York

Answers:

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

Answered 11 years ago | Contributor

As far as federal law is concerned, an employer does not need to offer a lunch break.  State labor laws vary.  Some states require lunch periods, while others expect it but do not actually have laws mandating them. Those that do require lunch breaks typically require that 1 be given every shift (generally between 6 and 8 hours).

In NY, employees who work a shift of more than 6 hours starting before 11 am and continuing until 2 pm must have an uninterrupted lunch period of at least 1/2 hour between 11 am and 2 pm.  For more information regarding meal period requirements, go to: www.labor.state.ny.us/business_ny/employer_responsibilities/employer/meals.html

Note:  Meal periods are not counted as work time, therfore an employer need not pay for that time.  Other "Breaks", such as for "rest periods" or "coffee breaks," are not legally required.  If, however, a break (of up to 20 minutes) is permitted, then it should be paid as working time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption