Relates to meal and rest breaks for employees who work a certain amount of hours in a day

Title of bill

An act to amend the labor law, in relation to meal and rest breaks for employees who work a certain amount of hours in a day

Purpose

To ensure employees who work four or more consecutive hours are entitled to a ten minute rest break and employees who work five or more consecutive hours are entitled to a meal break of at least thirty minutes.

Summary of provisions

Section 1 amends section 162 of the labor law by adding two new subdivisions 6 and 7 providing every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter who works four or more consecutive hours shall be entitled to a ten minute rest break, which shall be counted towards hours worked, and every such person who works five or more consecutive hours shall be entitled to a meal break of at least thirty minutes. If the work period for the day is six consecutive hours or less, the employee and employer may waive the meal break by mutual consent.

Section 2 provides this act shall take effect immediately.

Existing law

Such employees are entitled to a thirty minute "noon day meal" between the hours of 11 AM and 2 PM when working a shift of more than six hours, and a forty-five minute meal break during the midpoint of a greater than six hour shift starting between 1 PM and 6 AM. There are other provisions relating to employees in factories, late shifts and permits for shorter time periods.

Justification

Work productivity is greater when employees are properly rested and given adequate time for meals. This should be provided without regard to the time employees begin and end work.

Legislative history

New bill

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect July 1, 2016.