Q: Is it illegal that my employer is purposely scheduling me 6 hour shifts on certain days so she doesn’t haveto givebreaks
I’m 19 and I work at a Byrne Dairy in NYS as a sales associate, on the 27th of may I was scheduled an 8am to 2pm shift, which is a 6 hour shift, so around the middle of my shift I asked my employer when I would be receiving my break, in return she told me I don’t get one because I’m only working 6 hours, I asked isn’t it required that every 6 hour shift you get a half hour meal break? And she said no, that she gave me this shift purposely so I can continually work instead of stopping for my break. I didn’t sign a meal waiver or anything, I read through everything I sign. And now she’s continually scheduling me these shifts so I can work 6 hours straight without a break, so it benefits the way the store runs. Is this illegal? At other jobs I worked at, I always got a meal break during 6 hour shifts, so I’m confused.
A:
It is unfortunate that your employer will not voluntarily honor your request. Because you do not work more than six hours in a shift, your employer can require you to work the shift without a meal break.
Here is NY State DOL statement on the issue.
"Employers in New York State must provide all employees time off for meals, after working a certain number of hours. In general, Employers must provide at least 30 minutes of unpaid time off if an employee works more than 6 hours." Here is a link to the DOL Fact Sheet on the issue. https://dol.ny.gov/system/files/documents/2021/03/meal-and-rest-periods-frequently-asked-questions.pdf Good luck.
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