Latham, NY asked in Employment Law for New York

Q: I am a 6 hour day contracted employee scheduled to work 6.5 for a break. Do I have to take that break?

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1 Lawyer Answer
Christopher Marlborough
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  • Lynbrook, NY
  • Licensed in New York

A: Your question is not entirely clear. First, an employer can require you to take a break.

Second, the employer cannot knowingly permit you to work through a required break period without pay.

Third, New York State law (Labor Law Section 162) requires most employers to provide a 30-minute break for each 6-hour shift with very limited exceptions. Employees cannot generally opt out of this requirement. The employer can apply for a waiver from the state under limited circumstances.

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