Skipped Lunch? No Rest? Your Boss Might Be Breaking the Law.

The Law Says You Deserve a Real Break.

If you're working in New York and you’ve ever wondered whether your boss can really keep you on your feet all day without a break you’re not alone. A lot of workers aren’t sure what they’re legally entitled to when it comes to meal and rest periods. Some get told to eat on the go. Others get pressured to skip breaks entirely. Sound familiar?

Here’s the truth: New York labor law protects your right to take proper breaks, and it holds employers accountable when they don’t follow the rules. If your employer denies you the rest you deserve, interrupts your meal break, or simply ignores state regulations it might be illegal.

At Horn Wright, LLP, we help New York workers who’ve been shorted their legal rights on the job. Our employment law team knows exactly how these violations happen, and more importantly, how to hold employers responsible. If you’ve missed breaks, been misclassified, or were forced to work through lunch, we’re here to help you get compensated and take that stress off your shoulders.

Who Is Covered by New York Meal and Rest Break Laws

New York’s break laws don’t apply to everyone, but they do cover most hourly and non-managerial employees. If you're “nonexempt,” you likely have the right to certain meal breaks under state law. That term — nonexempt — means you’re eligible for overtime pay and legal break protections.

“Exempt” employees, on the other hand, typically include people in executive, professional, or administrative roles. These positions often involve high-level duties, independent judgment, and a salary that exceeds a certain threshold. But here’s the catch: Just because your job has a fancy title doesn’t mean you’re automatically exempt. Employers have to prove it.

To legally classify someone as exempt, employers must meet specific criteria:

You must earn a weekly salary above a set limit.
Your duties must include significant decision-making or supervision.
You must consistently use independent judgment.

Misclassification is incredibly common. Some employers assign a title like “manager” just to get around the law, even if the worker doesn’t manage anyone. If you’ve been denied meal breaks and aren’t sure if you’ve been classified correctly, it’s worth having a legal team review your role.

What the New York Break Laws Require

New York Meal Break Laws

Under New York Labor Law §162, employers must provide meal breaks depending on when and how long you work. The standard rule is this:

If you work more than six hours and your shift includes the noon-to-2 p.m. window, you’re entitled to a 30-minute, uninterrupted meal break. This break must be off-duty, meaning you can’t be required to work or remain on call during it.

But that’s just the baseline. Here are other key scenarios:

If your shift starts before 11 a.m. and runs past 7 p.m., you must get an extra 20-minute break between 5 p.m. and 7 p.m.
If you work a shift that begins before noon and lasts over six hours, but doesn’t include the 11 a.m.–2 p.m. window, you’re still entitled to a 30-minute meal break.
Factory workers have slightly stricter rules, with mandatory 60-minute meal breaks in some cases.

Employers must allow these breaks. They can’t discourage them, make you feel guilty for taking one, or interrupt your time. If they do, they’re violating state law.

New York Rest Break Laws

Unlike meal breaks, New York law does not require employers to provide rest breaks during a shift. But many companies do so voluntarily or because of union agreements or federal guidelines.

If your employer offers short rest breaks (typically 5 to 20 minutes), federal labor law requires that they be paid. These aren’t off-the-clock. And they can’t be lumped in with your lunch break.

Important distinctions:

Meal breaks (30 minutes or more, off-duty) are unpaid unless your employer requires you to keep working during them.
Rest breaks (under 20 minutes) must be paid, and cannot be subtracted from your hours.

Your employer also can’t combine your paid rest time with an unpaid meal break to save time or money. Each has to be treated separately.

Common Violations of New York Break Laws

Break law violations aren’t always obvious. Some employers bend the rules. Others ignore them entirely. These are some of the ways we’ve seen violations happen on the job:

Failing to schedule anyone to cover your shift during lunch.
Telling workers to eat while working or answer phones during breaks.
Assigning misleading job titles to avoid granting breaks.
Interrupting a 30-minute lunch with work requests or questions.
Not paying employees for short rest periods they’re legally owed.

Some employers also use subtle pressure like making workers feel guilty for stepping away, which can discourage people from using their breaks at all. That’s a red flag.

What You Can Recover for Break Law Violations

If your employer has violated New York break laws, you may be entitled to back pay and more. These laws come with real financial consequences.

You could be eligible to recover:

Unpaid wages for time you should’ve been compensated.
Penalties for each day your rights were violated.
Interest on the money you’re owed.
Attorney’s fees, so legal costs don’t fall on your shoulders.

You can file a complaint through the New York Department of Labor, or you can take your case directly to court. And the burden of proof? That’s on your employer. If they claim you took breaks or were exempt from the rules, they have to prove it.

Just keep the timeline in mind. You typically have six years to file a claim for wage violations under New York law. Don’t wait until it’s too late.

Talk to a New York Meal and Rest Break Lawyer

When you’re not getting the breaks you’ve earned, the last thing you should do is stay silent. Our team at Horn Wright, LLP stands up for workers across New York who’ve been denied their rights. We understand the pressure employees face, and we know how to challenge employers who cut corners.

We’ve helped clients recover lost wages and put an end to illegal workplace practices. If you think your employer violated break laws or misclassified your role, we’re here to talk and our consultations are completely free.

You deserve to rest. We’ll help you fight for that right. Contact our office today for a FREE consultation.