--- title: "New York Meal and Rest Break Laws | MCC Solutions" description: "New York break rules: 30 min, over 6 hrs for meals, no state rule for rest breaks, with New York's own wording and a shift-length table." url: "https://mcc-solutionsnj.com/bookkeeping/meal-break-laws-new-york" --- Breaks · New York # New York meal and rest break laws When New York requires a meal break, whether short rest breaks are required, the rule for young workers, and what the state’s official pages say about waivers and who is covered. [![Intuit ProAdvisor Gold tier badge](/img/credentials/intuit-proadvisor-gold.png)](https://proadvisor.intuit.com/app/accountant/search?searchId=matthew-coleman77)Gold tier in Intuit's ProAdvisor program. [See my Intuit listing](https://proadvisor.intuit.com/app/accountant/search?searchId=matthew-coleman77) Keeping your own books? Tallyfinch does invoices, bank import and reports on your computer. [See Tallyfinch](/bookkeeping/mcc-books-downloadable-bookkeeping-software) **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). No separate short rest breaks are required. ## 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). Rest breaks No state rest-break requirement: New York isn't in the US DOL table of state paid rest-period rules (revised January 1, 2023), which says states not listed don't require paid rest periods. Minors (under 18) NYSDOL's Youth Worker Information Hub tells young workers that 6 or more hours in a row earns at least one 30-minute break. It gives no separate meal rule only for workers under 18. Law NY Labor Law 162 Agency New York State Department of Labor, Division of Labor Standards ## In New York's words **Meal break** Hiring in another state? [Employer registration in New York, done for you](/bookkeeping/out-of-state-employer-registration), or [a free bookkeeping health check](/bookkeeping/health-check). "at least thirty minutes for the noonday meal" **Rest breaks** "States not listed do not require paid rest periods." **Minors** "If you work 6 hours or more in a row, you have the right to at least one 30-minute break." ## 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 | No state rule | | 6 hours | None yet | No state rule | | 6½ hours | 30 minutes | No state rule | | 8 hours | 30 minutes | No state rule | Other shift lengths: [open the checker set to New York](/bookkeeping/meal-and-rest-break-checker?state=ny). ## 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 penalty. ## Official New York sources - [NYSDOL: Guidelines for meal periods (LS443)](https://dol.ny.gov/ls443-guidelines-meal-periods) (checked November 2026) - [NYSDOL: Youth Worker Information Hub](https://dol.ny.gov/youthworkers) (checked November 2026) - [U.S. Department of Labor: Minimum Paid Rest Period Requirements under State Law for Adult Employees in Private Sector (revised January 1, 2023)](https://www.dol.gov/whd/state/rest.htm) (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." **Does New York require short rest breaks?** No state rest-break requirement: The state isn't in the US DOL table of state paid rest-period rules (revised January 1, 2023), which says states not listed don't require paid rest periods. **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. **What breaks do minors get in New York?** NYSDOL's Youth Worker Information Hub tells young workers that 6 or more hours in a row earns at least one 30-minute break. It gives no separate meal rule only for workers under 18. (Ages: under 18.) All states: [meal and rest break laws by state](/bookkeeping/meal-and-rest-break-laws-by-state) · [New Hampshire](/bookkeeping/meal-break-laws-new-hampshire) · [Oregon](/bookkeeping/meal-break-laws-oregon) Tallyfinch ### Books you keep on your own computer Tallyfinch does invoices, bills, bank import, reconciliation and the main reports, in a file you own. $99 once, then $5 a month for updates; the app keeps working if you stop the plan. It does not do payroll or sales tax filing. 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