State laws (statutes and regulations) generally govern the number and length of breaks and meal periods employers must provide employees—usually based on the number of consecutive hours the employee has worked that day. These laws vary from state to state and many states have separate provisions requiring meal periods specifically for minors (when minors are covered by two provisions, employer must observe the higher standard).
Federal law does not require lunch or coffee breaks for employees, but if employers do offer short breaks (usually lasting about 5 to 20 minutes) federal law considers the breaks compensable work hours that must be included in the number of hours worked when calculating overtime pay. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and that any extension of the break will be punished. Bona fide meal periods (typically lasting at least 30 minutes) serve a different purpose than coffee or snack breaks, are not work time, and are not compensable.
In New York State, labor laws require employers to provide employees with meal periods, but the specifics depend on the industry and the shift. For most private sector employees, the New York State Labor Law mandates a 30-minute meal break for shifts that exceed six hours and occur over the lunch period (11 am to 2 pm). Additionally, factory workers are entitled to a 60-minute lunch break between 11 am and 2 pm. For shifts starting before 11 am and continuing after 7 pm, an additional 20-minute meal period is required between 5 pm and 7 pm. For shifts of more than six hours that extend over the dinner hour (from 5 pm to 1 am), an additional meal period of at least 20 minutes is mandated. Employers must also provide an additional 45-minute meal period between 1 am and 6 am for shifts that extend over that period. Separate provisions apply for minors, with more stringent requirements. For example, minors are generally entitled to a 30-minute meal period after six hours of work. Employers in New York must adhere to these state regulations, which are more specific than federal law. Federal law does not mandate meal or coffee breaks but requires that short breaks be compensated and included in overtime calculations, while bona fide meal periods (usually 30 minutes or more) are not considered work time and are not compensable.