Expands the period of time for taking the noon day meal for employees in restaurants and other food service establishments

BILL NUMBER:S5958

Title of bill

An act to amend the labor law, in relation to expanding the period of time for taking the noon day meal for employees in restaurants and other food service establishments

Purpose

To extend the noon day meal period from ten o'clock a.m. until three o'clock p.m. for persons employed in restaurants and other food service establishments.

Summary of provisions

Section 1. Adds a new subdivision 2-a to Section 162 of the Labor law, to expand the noon day meal period from 10 a.m. until 3 p.m. for employees in restaurants and other food service establishments. Notwithstanding the provisions of this subdivision to the contrary, the noon day meal period may be established through the collective bargaining process.

Justification

Current law requires a meal period between the hours of 11 a.m. and 2 p.m. The unique characteristics of the restaurant industry make this requirement impractical, as it usually coincides with the highest level of food service activity.

This burdensome requirement reduces the number of staff available to serve the public, and, more importantly, limits an employees earning capacity.

Flexibility in scheduling that allows for meal breaks during "down" times would be beneficial to both patrons and employees of food establishments, by ensuring adequate staffing levels at peak hours and maximizing employees' ability to increase earnings.

Legislative history

S.4213A/A.8379 of 2004, S.2162/A.4250 of 2005-2006. A2189/S1060 of 2007-08, A7929 of 2009-10, A6828 of 2011-12.

Fiscal implications

None.

Effective date

This act shall take effect immediately.