New York break laws are set out in Labor Law section 162, and they're about meal periods. Workers in shops, offices and most other workplaces get at least 30 minutes for the noon day meal, between 11am and 2pm, if their shift runs more than six hours across that window. Factory workers get 60 minutes. Shifts that start before 11am and run past 7pm get an extra 20 minutes between 5pm and 7pm.
Section 162 is short, but it's built around the clock rather than a count of hours, which trips up a lot of employers. I've worked through it section by section using the statute text, with examples of real shift patterns.
The four meal rules in section 162
| Who and when | Meal period | Where in the law |
|---|---|---|
| Factory workers, noon meal | At least 60 minutes | Section 162(1) |
| Mercantile and other workplaces, shift of more than 6 hours spanning 11am to 2pm | At least 30 minutes within that window | Section 162(2) |
| Shift starting before 11am and running past 7pm | An extra 20 minutes between 5pm and 7pm | Section 162(3) |
| Shift of more than 6 hours starting between 1pm and 6am | 60 minutes in a factory, 45 minutes elsewhere, midway through the shift | Section 162(4) |
How the noon day meal period works
Section 162(2) says every person employed in a mercantile or other establishment or occupation under the Labor Law gets at least 30 minutes for the noon day meal. The law recognises the noon day meal period as running from 11 o'clock in the morning to 2 o'clock in the afternoon.
The key test is the shift. An employee who works a shift of more than six hours that extends over that noon window is entitled to at least 30 minutes off within it. So the break has to land inside 11am to 2pm, not at 10am or 3pm.
- A 9am to 5pm office shift: more than six hours, covers the window, so 30 minutes off between 11am and 2pm.
- An 8am to 1pm shift: only five hours, so no meal period is required by section 162.
- A 1pm to 9pm shift: starts at 1pm, so the late-shift rule in section 162(4) applies instead.
Factory workers get longer
Section 162(1) gives every person employed in or in connection with a factory at least 60 minutes for the noon day meal. On a night shift of more than six hours starting between 1pm and 6am, a factory worker also gets 60 minutes, while other workers get 45 minutes, taken midway between the beginning and end of the shift.
The extra evening meal
Long days that straddle both lunch and dinner get a second break. Section 162(3) says anyone employed for a shift starting before 11am and continuing later than 7pm gets an additional meal period of at least 20 minutes between 5pm and 7pm. A retail worker on a 10am to 8pm day, for example, is owed the 30-minute noon meal and 20 more minutes in the early evening.
Night and late shifts
Section 162(4) covers anyone on a shift of more than six hours starting between 1pm and 6am. Instead of the noon window, the meal falls at a time midway between the start and end of the shift. For a 10pm to 6am shift, that's around 2am. The length is 60 minutes in a factory and 45 minutes in a mercantile or other workplace.
Five shift patterns and what each one's owed
Because the rules key off the clock, it's easiest to check real rotas. Here's how section 162 reads for some common patterns outside factories:
| Shift | What it's owed under section 162 |
|---|---|
| 9am to 5pm | 30 minutes between 11am and 2pm |
| 7am to 1pm | Nothing required, because it's not more than six hours |
| 10am to 8pm | 30 minutes between 11am and 2pm, plus 20 minutes between 5pm and 7pm |
| 2pm to 10pm | 45 minutes, midway through the shift |
| 11pm to 7am | 45 minutes, midway through the shift |
In a factory, the noon and night-shift figures become 60 minutes. If you're not sure which rule applies, start with when the shift begins, then check whether it crosses 11am to 2pm and whether it runs past 7pm. That's the order the statute works in, and it's what I'd use to build a rota.
Shorter meal periods by permit
Section 162(5) lets the Commissioner of Labor permit shorter meal periods than the statute sets. The permit must be in writing and kept conspicuously posted at the main entrance of the establishment, and it can be revoked at any time. If your business wants a shorter break than the law's default, that permit is the route, not an informal agreement with staff.
Want AI doing the heavy lifting in your marketing?
I build the systems that handle the boring 80 percent, so you get your week back. Done properly, with the human kept in.
If building rotas around these windows eats your week, an AI consultant in New York can set up the scheduling and reminders so they run without you.
What about short rest breaks?
Section 162 deals only with meal periods. It doesn't mention short coffee or rest breaks. Where an employer chooses to give them, federal rules on paid short breaks still apply, and the lunch break laws guide explains how they work across states.
My take for New York employers: plan breaks against the clock, not just the shift length. Check whether each shift crosses 11am to 2pm, starts before 11am and ends after 7pm, or starts in the afternoon or overnight, and schedule the right meal for each. For the wider employment rules, see the New York labor laws overview.
Frequently asked questions
How long is a lunch break in New York?
At least 30 minutes for most workers on a shift of more than six hours that spans 11am to 2pm, and at least 60 minutes for factory workers, under Labor Law section 162.
When does a lunch break have to be taken in New York?
Between 11am and 2pm, which section 162 recognises as the noon day meal period, for shifts of more than six hours that cover that window.
Do you get two breaks on a long shift in New York?
Yes, if the shift starts before 11am and runs past 7pm. Section 162 adds a meal period of at least 20 minutes between 5pm and 7pm.
What are the meal rules for night shifts in New York?
For a shift of more than six hours starting between 1pm and 6am, the meal is 45 minutes outside factories and 60 minutes in factories, midway through the shift.
Can a New York employer give a shorter lunch break?
Only with a written permit from the Commissioner of Labor, which must be posted at the main entrance and can be revoked at any time.
