Latham, NY asked in Employment Law for New York

Q: If I only work 6 hours a day why do I have to work 6.5 for a break?

I am a contracted employee, hired to work 6 hours a day. My assigned schedule is for 6.5 hours. The half-hour is for a break I don't care to take or need.

As stated in my contract: Teacher Aides - The length of the work day for teacher aides shall be as follows: for aides

working in the District as of June 30, 1996, the day shall be 6 hours exclusive of lunch.

I was hired in 1993. I feel like I am giving extra time to my employer.

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1 Lawyer Answer
Christopher Marlborough
Christopher Marlborough pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Lynbrook, NY
  • Licensed in New York

A: New York law requires employers to provide most employees a thirty-minute meal break when working more than six hours a day. See Since you state that you are working no more than six hours a day (and if you are not occasionally working over six hours a day), the employer may not be required to provide you with a thirty-minute break.

However, the employer is permitted to determine your schedule. The employer might have another reason why it requires the break. You might consider pointing out to your employer that they are not required by law to give you the break when working 6 hours or less and ask if they will accommodate your request to work without a meal break. Best of luck to you.

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