Pulaski, NY asked in Employment Law for New York

Q: Is it required my employer give me a break during my 6 hour shift? I work usually 8 hours most days NYS.

I work at Byrne dairy, I usually work 8 hour shifts but she gives me a 6 hour shift at least once a week so she “doesn’t have to give me a break” but I thought it was required that a 30 minute break be given to someone who works a 6 hour shift? I’m getting mixed answers.

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

A: The break is only required when a shift is more than six hours. Since your shift is exactly six hours, no break is required.

The applicable statute is NYLL 162(2).

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