Why Hire Lipsky Lowe LLP?
- We have decades of hands-on experience handling wage and hour disputes.
- We know the strategies employers use to minimize or deny pay and build cases that anticipate those defenses.
- We’ve recovered millions for employees through litigation, negotiation, and administrative actions.
- We take the time to craft an approach based on the specifics of your case.
- We listen and communicate clearly so you know your rights and options at every step.
- We offer a free consultation so you can move forward with confidence.
Federal Meal and Rest Break Laws
The Fair Labor Standards Act (FLSA) does not require employers to provide meal or rest breaks to employees. If employers do provide rest or meal breaks, however, then certain FLSA rules apply. First, rest breaks that last 20 minutes or less, must be compensated; that time must also be included in the total hours worked for purposes of determining overtime.
Additionally, meal breaks that last 30 minutes or more are not required to be paid as long as the employee is relieved of all work duties. If an employee works through a meal break, however, that time must be paid, regardless of whether the employer refers to this time as a lunch break. Examples include:
- A receptionist who must cover the phones or wait for deliveries during lunch
- A paralegal who eats lunch at his desk while working
- A repair person who grabs a quick bite while driving from job-to-job
In any event, these rules only come into play if an employer chooses to provide breaks, which the FLSA does not require.
New York Meal And Rest Break Laws
Generally, New York law requires employers to provide a meal break, but not rest breaks, differentiates between factory and non-factory workers, and also considers the length of the shift. In particular, factory workers are allowed a one hour break between 11 a.m. and 2 p.m., while all other employees who work 6 hours or longer are entitled to a 30-minute break during the 11-2 time window.
In addition, an employee whose shift starts before 11 a.m. and ends after 7 p.m. is entitled to an addition 20-minute rest break between 5 p.m. and 7 p.m. Finally, an employee who works for more than 6 hours between 1 p.m. and 6 a.m. must be allowed a 45-minute meal break in the middle of the shift. New York also has rules covering breaks for home health care aides, breastfeeding breaks, and day of rest breaks:
- Home Health Care Attendants — Home health care aides who work at a residence in a 24-hour shift do not reside there must only be paid for 13 hours, provided they have 5 hours of uninterrupted sleep and are allowed 3 breaks lasting one hour.
- Breastfeeding Breaks — Employers must provide reasonable break time for women to pump breast milk, who can either use time from their paid breaks or take an unpaid break. Employers are required to give employees at least 20 minutes for each break and must give nursing mothers a break once every three hours.
- Day of Rest — Factory, retail, hospitality, and other employees must be given a day of rest of at least 24 hours each calendar week.
Despite the foregoing requirements, employees often work through their meal or rest breaks without pay. Nonetheless, employers are required to pay employees for their work, and can only deduct pay for time actually spent on a break.
Call Our NYC Wage & Hour Lawyers
At the end of the day, meal and rest breaks are not only good for employees but good for business as well. Tired, hungry workers are usually not productive and denying breaks to employees can be dangerous, since fatigued workers are at a higher risk of being injured in accidents. Nonetheless, meal and rest break violations are far too common.
At Lipsky Lowe, we have a proven history of successfully pursuing wage and hour claims inside and outside of the courtroom. Whether through litigation or negotiation, we leverage our skills and experience to help our clients obtain the compensation they have earned. If you have been denied a meal or rest break or have not been compensated for unused break time, you may have a viable wage and hour claim.
Although employers have an unfair advantage over employees, we know how to level the playing field and fight back. When you work with our meal and rest break attorneys, we will be the strength in your corner. Please contact our office today for a free evaluation of your claim.