New York Break Laws (2026)
Last updated: 2026-10-07 · Checked against the statute text and state agency guidance · Meal break required
| Adult meal break | 30 min (60 in factories) in the 11 a.m.–2 p.m. window for 6+ h shifts; more for long/night shifts |
|---|---|
| Adult rest break | Not required (short breaks you give must be paid) |
| Minors | No separate rule — adult rules (if any) apply |
| Lactation | Paid 30-minute breaks for up to 3 years |
| Enforcing agency | New York State Department of Labor, Division of Labor Standards |
New York break scheduler
Pick a state and enter the shift. You'll get every break the law requires, the latest time each can start, a suggested schedule, and — if you enter the breaks actually taken — a compliance check with California premium pay.
New York · Adult (18+) · 8:00 AM–6:00 PM
On site 10 h · hours worked 9 h 30 min (unpaid meal time excluded)
- Meal break 1 · 30 min · unpaid if fully relievedSuggested: 12:00 PM
Not before 11:00 AM. Must start by 1:30 PM.
Shift of more than 6 hours that extends over 11 a.m.–2 p.m.: 30-minute noonday meal within that window.
Scheduling aid, not legal advice. Industry wage orders, union contracts and employer-specific exemptions can change the rules — see the New York break law page for citations.
New York meal break law
Mercantile and other establishments: at least 30 minutes for the noonday meal; the noonday meal period runs from 11 a.m. to 2 p.m., and an employee who works a shift of 'more than six hours' extending over that period is entitled to at least 30 minutes off within it. Factories: at least 60 minutes for the noonday meal. Shifts of more than 6 hours starting between 1 p.m. and 6 a.m.: 45 minutes (60 in factories) at a time midway between the beginning and end of the shift.
- Who's covered
- Every 'person' in any establishment or occupation covered by the Labor Law, including white-collar, management, professional and executive staff. Separate durations for factories vs. mercantile/other establishments.
- Longer shifts
- Every person employed for a shift starting before 11 a.m. and continuing later than 7 p.m. gets an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m.
- Paid or unpaid
- Statute silent; meal periods of 30+ minutes when relieved of duty may be unpaid. NY Industrial Board of Appeals: breaks under 30 minutes must be compensated (consistent with federal law).
- Waivers
- NYSDOL accepts a voluntary arrangement where only one person is on duty (or the only one in an occupation) and it is customary to eat on the job without relief; an uninterrupted meal period must still be given to any employee who requests it.
- Exemptions
- Commissioner may permit shorter meal periods by written, posted permit (§162(5)). NYSDOL permits a shorter period of not less than 30 minutes as a matter of course (no application) absent hardship (relevant to the 45/60-minute requirements); 20-minute periods only in special cases after investigation and a special permit.
Source: N.Y. Labor Law §162
New York rest break law
No state rest-break requirement (only meal periods under Labor Law §162). Short breaks given (under 30 minutes per NY appeals board; 5-20 minutes federally) must be paid.
Breaks for minors in New York
No separate minor-specific meal or rest rule found; Labor Law §162 meal periods apply to all employees, including minors.
Source: N.Y. Labor Law §162 (general)
Lactation breaks in New York
Since June 19, 2024, ALL employers, regardless of size or industry, must give employees 30 minutes of PAID break time each time they reasonably need to express breast milk, for up to three years following the child's birth; employees may take as many 30-minute paid breaks as needed and may use existing paid breaks or meal time for additional time (employers must continue to pay customarily paid breaks). Employers must provide a private room or other location close to the work area (not a restroom or toilet stall; a temporarily vacant room or, as a last resort, a fully enclosed cubicle with walls at least 7 feet tall), with a chair, a table/flat surface, good lighting, an electrical outlet (if the workplace has electricity), and a clean water supply; employees may use an existing refrigerator. Employers must give employees the NYSDOL Policy on the Rights of Employees to Express Breast Milk at hire, annually, and on return from childbirth.
Pay: PAID: 30 minutes of paid break time per pumping session (Labor Law §206-c as amended eff. June 19, 2024).
Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.
Source: N.Y. Labor Law §206-c
Recent changes
- Jun 19, 2024Labor Law §206-c amended to require 30 minutes of paid break time to express breast milk (in addition to existing breaks), for all employers, for up to 3 years after birth.
Frequently asked questions
Are breaks required by law in New York?
Shifts over 6 hours spanning 11 a.m.–2 p.m.: 30-minute noonday meal (60 in factories); +20 minutes between 5 and 7 p.m. for days running 11 a.m.–7 p.m.; night shifts: 45 minutes midway. 30-minute paid pumping breaks. Federal law requires no breaks, but short breaks that are given must be paid and unpaid meal periods must be duty-free.
How many breaks do you get for an 8-hour shift in New York?
For an 8:00 a.m.–4:30 p.m. shift (8 hours worked plus an unpaid meal), New York requires 1 meal period (the first starting by 1:30 PM) for adult employees.
Do minors get breaks in New York?
No separate minor-specific meal or rest rule found; Labor Law §162 meal periods apply to all employees, including minors.
Are lactation breaks required in New York?
Since June 19, 2024, ALL employers, regardless of size or industry, must give employees 30 minutes of PAID break time each time they reasonably need to express breast milk, for up to three years following the child's birth; employees may take as many 30-minute paid breaks as needed and may use existing paid breaks or meal time for additional time (employers must continue to pay customarily paid breaks). Employers must provide a private room or other location close to the work area (not a restroom or toilet stall; a temporarily vacant room or, as a last resort, a fully enclosed cubicle with walls at least 7 feet tall), with a chair, a table/flat surface, good lighting, an electrical outlet (if the workplace has electricity), and a clean water supply; employees may use an existing refrigerator. Employers must give employees the NYSDOL Policy on the Rights of Employees to Express Breast Milk at hire, annually, and on return from childbirth. The federal PUMP Act also applies: reasonable break time and a private, non-bathroom space for one year after birth.
Official New York sources
Figures checked against these sources on 2026-10-07Compare
Also “Meal break required”: Connecticut, Delaware, Illinois, Maine, Massachusetts, New Hampshire, North Dakota, Rhode Island, Tennessee, Vermont, West Virginia
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Helpful guides
General information, not legal advice. Industry rules, union contracts and agency exemptions can change these requirements. Confirm with New York State Department of Labor, Division of Labor Standards.