Labor Law Section 162 sets forth the required meal periods for employees in New York State
.
Factory Workers are entitled to a 60-minute lunch break between 11:00 a.m. and 2:00p.m. and a 60
-minute meal break at the time midway between the beginning and end of the shift for all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m. and lasting more than six hours.
Non-Factory Workers are entitled to a 30-minute lunch break between 11:00 a.m. and 2:00 p.m. for shifts six hours or longer that extend over that period and a 45-minute meal break at the time midway between the beginning and end of the shift for all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m.
All Workers are entitled to an additional 20-minute meal break between 5:00 p.m. and 7:00 p.m. for workdays that extend from before 11:00 a.m. to after 7:00 p.m.
Who is covered by Section 162 of the Labor Law?
All private and public sector employers and their employees who work in New York State are covered by the law.
Are ‘brown bag lunches’ permissible in New York State?
“Brown bag lunches” are where employees eat their lunch while listening to a speaker or some
sort of presentation. The topics of such lunches may be work-related or not related to work (e.g. related to health and wellness issues, personal finances, retirement). Employees must be allowed an uninterrupted meal period and must be free to leave their work area(s) and engage in other pursuits. If employees are required by their employers to attend such working or brown bag lunches (typically on topics related to work), they do not count as a meal period and must also be
counted as time worked. Employees who voluntarily choose to attend such lunches on topics,
are receiving a meal period under the law.