Labor Law Experts: Workday starts at 9:30a. Lunch hour is at 3:00p. Legal? (New York City, )

[stuyguy]

I am a F/T employee. My normal workday begins (clock-in) at 9:30a, and ends (clock-out) at 5:00p (sometimes 6:00p).

I am part of a work team that covers a variety of posts at our workplace. At the start of the day our supervisor shows the team an hour-by-hour schedule for that day; we move to a different assignment or post each hour. Usually each of us will be assigned a lunch hour at noon, 1:00p or 2:00p. But sometimes, if it's a nutty day, one or two of us will have a 3:00p lunch hour -- something we all hate.

I don't want to be a workplace troublemaker, but I recently got to thinking: Is it legal to have such a late lunch hour (5.5 hours after clock-in)? I know there are federal and state laws that govern things like breaks and lunch hours, so I'm wondering if there is a law that addresses this particular question. I'm in NYC, New York State, btw.

Thanks all, in advance.

[don't ask]

In Australia one of the fundamental work laws is that you can't ask people to work for more than 5 hours without a break.

[Hello Again]

Apparently not - the NYS Labor Law 162 defines the meal period during which you are required to have a meal break as lasting from 11am to 2 pm unless specific shift work exceptions apply. However, under the same law, they do not have to give you an hour - a 1/2 hour is allowed, so be careful when you go waving Labor Law 162 around.

[don't ask]

From the New York Department of Labor:

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.

Bolding mine.

[Waenara]

Originally Posted by don't ask

From the New York Department of Labor:

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.

Bolding mine.

And highlight added by me. So even if you only get a 30 minute lunch between 11am and 2pm, it has to be within that period, so it needs to start by 1:30pm.

[Skammer]

Out of curiosity, do the regulations distinguish between exempt and non-exempt employees (or salaried vs. hourly paid)?

[kanicbird]

Originally Posted by don't ask

From the New York Department of Labor:

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.

Bolding mine.

This almost can be taken as the employee had a right to take lunch from 11am to 2pm but at the very least must take a 1/2 hour break.

[butler1850]

Originally Posted by Skammer

Out of curiosity, do the regulations distinguish between exempt and non-exempt employees (or salaried vs. hourly paid)?

In my experience, exempt employees are exempt from all the "hour keeping" regulations, such as breaks, lunch and total hours. Thankfully, this has never been a huge problem on my end, but I could see the potential abuses. There may be a law, but they tend to be relatively unenforceable on exempt employees due to the lack of official time-keeping (such as a punch clock).

[Hello Again]

Originally Posted by skammer

Out of curiosity, do the regulations distinguish between exempt and non-exempt employees (or salaried vs. hourly paid)?

The New York State law does not make that distinction. "All" employees are entitled to a meal break, consistent with the distinctions the law does recognize (for example, "every person employed" in connection with a factory gets an hour vs. mercantile/professional occupations get a 1/2 hour).

To provide less than the minimum half hour to "every person employed", the employer must get a permit from the NYS Dept of Labor and post it conspicuously.

Note however, there is no private right of action for a violation of Section 162 (cite). That means you cannot sue your employer directly. You must complain to the Department of Labor.