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Employers in New York State must provide all employees time off for meals, after working a certain number of hours. In general, employers must provide at least 30 minutes of unpaid time off if an employee works more than 6 hours. The Meal Period Guidelines outline the requirements.
If your hours of work are split (not consecutive), or if your shift lasts more than 10 hours, you may be entitled to one additional hours pay for the day, at the minimum wage hourly rate for New York.
Some workers would prefer to skip their lunch or other meal break to allow them to go home earlier. This is generally not allowed under New York law. However, an employer can choose to allow this arrangement on an occasional basis if employee needs require it.
Can employees have the option of either having meal break or leaving work earlier at the end of a shift? As discussed above, employees may waive their rights to a meal period under Section 162 only if the requirements of the waiver set forth by New York courts are met.
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