What are my rights ifI am being denied alunch break?

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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 13 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.


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