Meal & Rest Break Violations

They Skipped Your Break and Pocketed Your Time 

When your day runs non-stop and there’s no real chance to eat or catch your breath, something’s wrong. Breaks aren’t just perks, they’re protected under New York labor law. If you’ve been working through meals or constantly pushed to stay on the clock, you may have a case.

At Horn Wright, LLP, our employment law attorneys help workers across New York hold employers accountable for stolen time. From fast food counters to factory floors, we’ve seen how break violations stack up fast, and how hard that hits your pay and energy. 

Under New York Labor Law §162, most employees working more than six hours that include the noon period are entitled to at least a 30-minute meal break. Workers on shifts starting before 11 a.m. and lasting past 7 p.m. must get a second meal break.

When those breaks don’t happen, or when you’re forced to stay on-site, answer phones, or keep working during your lunch, that’s time you should be paid for. If your employer doesn’t pay you for that time, or pressures you to clock out while you’re still working, that’s a wage violation.

What New York Law Requires for Meal and Rest Breaks

New York doesn’t guarantee short rest breaks the way it does meal periods. But once an employer allows a break of 20 minutes or less, that time must be compensated as part of your workday. That includes bathroom breaks, coffee runs, or short pauses in your shift.

The full meal break, when required, doesn’t have to be paid, unless your employer forces you to stay available for work. Answering calls, staying on the premises, or even keeping a walkie-talkie nearby can turn an unpaid meal break into compensable time.

The Fair Labor Standards Act (FLSA) aligns with these principles, requiring employers to pay for short breaks and any “on-duty” meal periods. But it’s New York Labor Law §162 that really gives local workers extra protection. And when employers ignore it, penalties can pile up.

Industries Where Missed Breaks Are Most Common

Certain jobs just don’t allow breathing room. And in those industries, missed breaks are not only common, they’re expected. But just because something happens a lot doesn’t mean it’s legal.

• Food service workers often prep, serve, clean, and close, all in one chaotic shift. Breaks vanish when things get busy.
• Retail employees may be the only staff on site, forced to stay on the floor without relief or cover.
• Warehouse and delivery staff are expected to meet strict quotas, making them skip breaks just to keep up.

In healthcare, aides and nurses often eat while charting or tending to patients. In factories, supervisors may discourage downtime to keep production moving. These “working lunches” aren’t breaks. They’re unpaid labor, and they can trigger claims under both federal and state law.

What Happens When You Are Forced to Eat While Working

This scenario comes up a lot: You’re told you can take a break, but you’re still answering calls, greeting customers, or doing paperwork while eating. Maybe you never actually clocked out. Or worse, you were told to clock out and then “just help out quickly.”

Legally, that’s not a break. That’s unpaid work. And in New York, courts don’t take kindly to this kind of pressure. Under the FLSA and state law, meal breaks must be uninterrupted and duty-free. If they aren’t, the time must be paid, no matter what your employer calls it.

It also creates a paper trail issue. If your timesheet says you took a break, but coworkers saw you working, we can help establish a pattern of dishonest record-keeping. And that often leads to broader wage and hour violations.

How to Prove You Were Denied a Legal Break

Proving a missed break starts with details. You don’t need fancy records. You need honest notes about what happened and when. Jotting down your actual start and stop times, noting when you were interrupted, and even texting yourself short updates can help.

If you’re allowed to take a break but never get the chance, log it. If you’re told to clock out and still work, write that down. Screenshots, messages, even eyewitnesses—all of it helps build a clear timeline.

New York Labor Law §195 also requires employers to provide accurate wage statements. If your pay stub shows a break that never really happened, that’s one more layer we can use to support your claim.

How Missed Breaks Can Lead to More Than One Violation

When breaks are missed, it often signals deeper problems. Maybe you’re not getting paid for prep time before shifts. Maybe overtime’s not calculated correctly because breaks are faked or overstated. The violations can stack up fast.

In many cases, we find:

• Unpaid off-the-clock work: You’re clocked out but still doing tasks.
• Inaccurate timekeeping: Software rounds time or auto-fills break periods.
• Failure to pay overtime: Because break time is deducted, total hours look lower.

Each of those violations can trigger separate claims under state and federal law. And in New York, the penalties for these issues include full back pay, liquidated damages, and attorney’s fees, all recoverable if your case succeeds.

What New York Courts Award for Break Violations

When a break policy leads to unpaid labor, courts can award significant damages. It’s not just about the 30 minutes you lost, it’s about the ripple effect across your paycheck, your hours, and your stress level.

Under New York Labor Law §198, workers can recover:

• Back pay for every missed or unpaid break
• Liquidated damages, which double what you’re owed
• Interest, plus coverage for legal costs and fees

These awards aren’t rare. Judges know missed breaks are a widespread problem, especially in low-wage and fast-paced industries. That’s why New York offers a six-year lookback period for these claims, far longer than many other states.

How New York’s Break Time Laws Differ from New Hampshire’s Protections

Compared to New Hampshire, New York gives workers stronger protections when it comes to break enforcement. New Hampshire requires a 30-minute break for every five-hour shift, but doesn’t mandate multiple breaks on longer shifts.

New York, on the other hand, provides more structure. Labor Law §162 demands multiple meal periods depending on the shift length and timing. And when those aren’t honored, New York allows for higher penalties and longer recovery periods.

Also, New York courts are more aggressive in granting double damages for unpaid time. That means workers who speak up here may walk away with far more than just lost wages.

What to Do If You Are Afraid to Speak Up About Missed Breaks

It’s totally normal to feel nervous. Calling out a break violation can feel like rocking the boat, especially in a job where hours are tight and management is strict. But retaliation is illegal, and you’re not without protection.

New York Labor Law §215 prohibits any retaliation for asserting wage rights, including filing a break claim. That means your employer can’t fire, demote, or harass you just because you raised concerns.

At Horn Wright, LLP, our employment law attorneys have helped many workers move forward without risking everything. We’ve been recognized nationally for the strength of our advocacy, and we’ll stand beside you every step of the way.