Short answer. At least 30 minutes off between 11 a.m. and 2 p.m. for a shift of more than 6 hours that spans that window (60 minutes in factories). Shifts over 6 hours that start between 1 p.m. and 6 a.m. get 45 minutes midway (60 in factories).
New York breaks at a glance
- Meal break
- At least 30 minutes off between 11 a.m. and 2 p.m. for a shift of more than 6 hours that spans that window (60 minutes in factories). Shifts over 6 hours that start between 1 p.m. and 6 a.m. get 45 minutes midway (60 in factories).
- Law
- NY Labor Law 162
- Agency
- New York State Department of Labor, Division of Labor Standards
In New York's words
Meal break
"at least thirty minutes for the noonday meal"
Breaks by shift length in New York
For an adult working the hours in one stretch, the state’s rule as we read it calls for:
| Shift | Meal break | Rest breaks |
|---|---|---|
| 4 hours | None yet | Not confirmed |
| 6 hours | None yet | Not confirmed |
| 6½ hours | 30 minutes | Not confirmed |
| 8 hours | 30 minutes | Not confirmed |
Other shift lengths: open the checker set to New York.
Who the New York rule covers
Every person in covered establishments, including white-collar management staff.
Waivers and exceptions in New York
The Commissioner may permit a shorter meal period by a posted permit; 30 minutes is allowed as a matter of course, 20 minutes only in special cases. An employee working alone may eat on the job if they voluntarily consent, but must get an uninterrupted period on request.
Worth knowing in New York
Workers on a day that starts before 11 a.m. and runs past 7 p.m. get an additional meal period of at least 20 minutes between 5 and 7 p.m.
Not stated on the New York pages we read: a rest break rule, a separate rule for minors, a penalty.
Official New York sources
- NYSDOL: Guidelines for meal periods (LS443) (checked November 2026)
The state rules as published on the pages above, checked November 2026. General information, not legal advice; we are not lawyers. A union contract, an industry order or a city ordinance can add to them.
New York break questions
When is a meal break required in New York?
At least 30 minutes off between 11 a.m. and 2 p.m. for a shift of more than 6 hours that spans that window (60 minutes in factories). Shifts over 6 hours that start between 1 p.m. and 6 a.m. get 45 minutes midway (60 in factories). New York State Department of Labor, Division of Labor Standards puts it as "at least thirty minutes for the noonday meal."
Can a New York employee skip or waive a break?
The Commissioner may permit a shorter meal period by a posted permit; 30 minutes is allowed as a matter of course, 20 minutes only in special cases. An employee working alone may eat on the job if they voluntarily consent, but must get an uninterrupted period on request.
Who is covered by the New York break rule?
Every person in covered establishments, including white-collar management staff.
All states: meal and rest break laws by state · Nevada · Oregon