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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Every person in New York employed in or in connection with a factory shall be allowed at
least sixty minutes for the noonday meal.
Every person employed in or in connection with a mercantile or other establishment or
occupation coming under the provisions of this chapter shall be allowed at least thirty
minutes for the noonday meal, except as in this chapter otherwise provided. The noon day
meal period is recognized as extending from eleven o'clock in the morning to two o'clock in
the afternoon. An employee who works a shift of more than six hours which extends over the
noonday meal period is entitled to at least thirty minutes off within that period for the meal
period.
Every person employed for a period or shift starting before eleven o'clock in the morning
and continuing later than seven o'clock in the evening shall be allowed an additional meal
period of at least twenty minutes between five and seven o'clock in the evening.
Every person employed for a period or shift of more than six hours starting between the
hours of one o'clock in the afternoon and six o'clock in the morning, shall be allowed at
least sixty minutes for a meal period when employed in or in connection with a factory, and
forty-five minutes for a meal period when employed in or in connection with a mercantile or
other establishment or occupation coming under the provision of this chapter, at a time
midway between the beginning and end of such employment.
The commissioner may permit a shorter time to be fixed for meal periods than provided.
The permit therefore shall be in writing and shall be kept conspicuously posted in the main
entrance of the establishment. Such permit may be revoked at any time.
In administering this statute, the Department applies the following interpretations and
guidelines:
Section 162 of the New York State Labor Law.
Every person in New York employed in or in connection with a factory shall be allowed at
least sixty minutes for the noonday meal.
Every person employed in or in connection with a mercantile or other establishment or
occupation coming under the provisions of this chapter shall be allowed at least thirty
minutes for the noonday meal, except as in this chapter otherwise provided. The noon day
meal period is recognized as extending from eleven o'clock in the morning to two o'clock in
the afternoon. An employee who works a shift of more than six hours which extends over the
noonday meal period is entitled to at least thirty minutes off within that period for the meal
period.
Every person employed for a period or shift starting before eleven o'clock in the morning
and continuing later than seven o'clock in the evening shall be allowed an additional meal
period of at least twenty minutes between five and seven o'clock in the evening.
Every person employed for a period or shift of more than six hours starting between the
hours of one o'clock in the afternoon and six o'clock in the morning, shall be allowed at
least sixty minutes for a meal period when employed in or in connection with a factory, and
forty-five minutes for a meal period when employed in or in connection with a mercantile or
other establishment or occupation coming under the provision of this chapter, at a time
midway between the beginning and end of such employment.
The commissioner may permit a shorter time to be fixed for meal periods than provided.
The permit therefore shall be in writing and shall be kept conspicuously posted in the main
entrance of the establishment. Such permit may be revoked at any time.
In administering this statute, the Department applies the following interpretations and
guidelines:
- Employee Coverage: Section 162 applies to every "person" in any establishment or
occupation covered by the Labor Law. Accordingly, all categories of workers are
covered, including white collar management staff.
- Shorter Meal Periods: The Department will permit a shorter meal period of not less
than 30 minutes as a matter of course, without application by the employer, so long
as there is no indication of hardship to employees. A meal period of not less than
20 minutes will be permitted only in special or unusual cases after investigation
and issuance of a special permit.
One Employee Shift: In some instances where only one person is on duty or is the
only one in a specific occupation, it is customary for the employee to eat on the job
without being relieved. The Department of Labor will accept these special situations
as compliance with Section 162 where the employee voluntarily consents to the
arrangements. However, an uninterrupted meal period must be afforded to every
employee who requests this from an employer.
Section 162 of the New York State Labor Law.
Vacation
In New York, an employer is not required to provide employees with vacation benefits,
either paid or unpaid. NY Dept. of Labor FAQs. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract. NY
Labor Law § 198-c.
Neither New York’s Legislature nor its court have explicitly stated whether an employer may
implement a policy or enter into employment contracts requiring employees to forfeit
accrued vacation upon separation from employment, regardless of the reason. However,
an employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they fail to comply
with specific requirements, such as giving two weeks notice or being employed as of a
specific date of the year. Employees must be provided adequate notice of any such policy
for it to have effect. See Gennes v. Yellow Book of NY, 23 A.D.3d 520, 806 N.Y.S.2d 646 (NY
Sup. Ct. App. 2005); Mahoney v. Olean General Hospital, 277 A.D.2d 1046, 716 N.Y.S.2d
174 (NY Sup. Ct. App. 2000); Glenville Gage Co. v. Industrial Board of Appeals of NY, 52 N.
Y.2d 777, 417 N.E.2d 1009 (NY Ct. App. 1980); NY Labor Law § 195(5).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. NY Labor Law § 198-c.
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. NY Dept.
of Labor FAQs.
An employer may cap the amount of vacation leave an employee may accrue over time, so
long as employees are given prior notice of the policy. See Glenville Gage Co. v. Industrial
Board of Appeals of NY, 52 N.Y.2d 777, 417 N.E.2d 1009 (NY Ct. App. 1980); NY Labor Law
§ 195(5).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it, so long as employees are given prior notice of the policy. See
Glenville Gage Co. v. Industrial Board of Appeals of NY, 52 N.Y.2d 777, 417 N.E.2d 1009
(NY Ct. App. 1980); NY Labor Law § 195(5).
In New York, an employer is not required to provide employees with vacation benefits,
either paid or unpaid. NY Dept. of Labor FAQs. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract. NY
Labor Law § 198-c.
Neither New York’s Legislature nor its court have explicitly stated whether an employer may
implement a policy or enter into employment contracts requiring employees to forfeit
accrued vacation upon separation from employment, regardless of the reason. However,
an employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they fail to comply
with specific requirements, such as giving two weeks notice or being employed as of a
specific date of the year. Employees must be provided adequate notice of any such policy
for it to have effect. See Gennes v. Yellow Book of NY, 23 A.D.3d 520, 806 N.Y.S.2d 646 (NY
Sup. Ct. App. 2005); Mahoney v. Olean General Hospital, 277 A.D.2d 1046, 716 N.Y.S.2d
174 (NY Sup. Ct. App. 2000); Glenville Gage Co. v. Industrial Board of Appeals of NY, 52 N.
Y.2d 777, 417 N.E.2d 1009 (NY Ct. App. 1980); NY Labor Law § 195(5).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. NY Labor Law § 198-c.
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. NY Dept.
of Labor FAQs.
An employer may cap the amount of vacation leave an employee may accrue over time, so
long as employees are given prior notice of the policy. See Glenville Gage Co. v. Industrial
Board of Appeals of NY, 52 N.Y.2d 777, 417 N.E.2d 1009 (NY Ct. App. 1980); NY Labor Law
§ 195(5).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it, so long as employees are given prior notice of the policy. See
Glenville Gage Co. v. Industrial Board of Appeals of NY, 52 N.Y.2d 777, 417 N.E.2d 1009
(NY Ct. App. 1980); NY Labor Law § 195(5).
Severance
New York law does not require employers to provide employees with severance pay. NY
Dept. of Labor FAQs. If an employer chooses to provide severance benefits, it must comply
with the terms of its established policy or employment contract.
New York law does not require employers to provide employees with severance pay. NY
Dept. of Labor FAQs. If an employer chooses to provide severance benefits, it must comply
with the terms of its established policy or employment contract.
Holidays
New York law does not require employers to provide employees with either paid or unpaid
holiday leave. In New York, employers can require employees to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
New York law does not require employers to provide employees with either paid or unpaid
holiday leave. In New York, employers can require employees to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
New York's current minimum wage is $7.25. NY Dept. of Labor: Minimum Wage. Some
exceptions apply to New York's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
New York's current minimum wage is $7.25. NY Dept. of Labor: Minimum Wage. Some
exceptions apply to New York's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
New York requires an employer to pay overtime to employees, unless otherwise exempt, at
the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of
40 hours in a workweek. NY Dept. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
New York requires an employer to pay overtime to employees, unless otherwise exempt, at
the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of
40 hours in a workweek. NY Dept. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
Sick Leave
New York law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. NY Dept. of Labor FAQs. If an employer chooses to provide sick
leave benefits, it must comply with the terms of its established policy or employment
contract.
An employer in New York may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
New York law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. NY Dept. of Labor FAQs. If an employer chooses to provide sick
leave benefits, it must comply with the terms of its established policy or employment
contract.
An employer in New York may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
One Day Rest in Seven
New York requires certain employers to provide their employees at least 24 consecutive
hours rest in any calendar week. Employers covered by this law include those operating
factories, mercantile establishments, hotels, and restaurants. Other employers are
covered as well. NY Labor Law § 161.
New York requires certain employers to provide their employees at least 24 consecutive
hours rest in any calendar week. Employers covered by this law include those operating
factories, mercantile establishments, hotels, and restaurants. Other employers are
covered as well. NY Labor Law § 161.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer who employs more than (10) employees must pay an employee the first $40
of the employee's regular daily wages for the first three (3) days of jury service. In all other
instances, an employer is not required to pay an employee for time spent serving on a jury.
An employer may not discharge or penalize an employee who is summoned to serve as a
juror and who notifies the employer to that effect prior to the commencement of a term of
service.
New York Judiciary Code 519
An employer who employs more than (10) employees must pay an employee the first $40
of the employee's regular daily wages for the first three (3) days of jury service. In all other
instances, an employer is not required to pay an employee for time spent serving on a jury.
An employer may not discharge or penalize an employee who is summoned to serve as a
juror and who notifies the employer to that effect prior to the commencement of a term of
service.
New York Judiciary Code 519
