New York Meal Period Rules
Most non-factory shifts over 6 hours get 30 minutes. Factory shifts get 60.
The rule
New York Labor Law section 162 gives factory employees at least 60 minutes for the noon meal. Other employees get at least 30 minutes. The noon meal period runs from 11 a.m. to 2 p.m. An employee whose shift is more than six hours and extends over that period gets at least 30 minutes inside it. A shift that starts before 11 a.m. and continues past 7 p.m. gets an extra meal period of at least 20 minutes between 5 p.m. and 7 p.m. A shift of more than six hours that starts between 1 p.m. and 6 a.m. gets 60 minutes in a factory and 45 minutes otherwise, near the middle of the shift. The Department's short page says that, in general, employers provide at least 30 minutes of unpaid time off if an employee works more than 6 hours. The Commissioner may permit a shorter meal period in writing.
What employers must do
Match the break to the shift, not to a single 30-minute habit. Factory work is the 60-minute rule. Post any written permit for a shorter period.
Effective dates
Section 162 is the current statute. The Department FAQ reviewed here is dated 2026. No January 1, 2027 change was on those pages.
What this means for BOSS partners and associates
BOSS is often the employer of record for the associate. Wage, break, leave, posting, and tax rules usually follow the state where the associate works. Tell BOSS that state before the assignment starts. Associates should record every hour worked on the timesheet. Do not promise a pay practice, a leave bank, or a posting the statute does not require.
Questions? Contact BOSS Support at support@backofficenow.com.
Sources
This article is general information, not legal advice. Laws change; check with BOSS Support or your own counsel for your situation.