What's happening
This bill requires New York employers to provide a 10-minute rest break for four consecutive hours worked and a 30-minute meal break for five or more consecutive hours, with some exceptions.
Why it matters
Guarantees short paid rest breaks. By requiring a 10-minute paid rest break for every four consecutive hours worked, the bill aims to reduce fatigue and improve employee well-being, especially in jobs with few natural pauses.
Standardizes meal break entitlements. Mandating a 30-minute meal break after five or more consecutive hours of work creates a uniform baseline across workplaces, helping ensure all employees have protected time to eat and recharge.
Introduces flexibility for shorter shifts. The provision allowing meal break waivers by mutual agreement when shifts are six hours or less gives both workers and employers room to adapt the policy to practical operational needs.
Could impact workplace productivity and compliance. Employers will need to adjust scheduling and track breaks more closely, potentially increasing administrative responsibilities but also possibly improving morale and reducing burnout or turnover.
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Who cares
Employees working four or more consecutive hours
Covered workers would gain a ten-minute rest break counted as hours worked.
Employees working five or more consecutive hours
Covered workers would be entitled to a meal break of at least thirty minutes, with a mutual-consent waiver available when the day's work period is six consecutive hours or less.
Retailers and other covered employers
They would need to accommodate the new rest and meal breaks and count rest-break time as hours worked.
Headline styles
Guarantee Employee Breaks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1466
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 162 of the labor law is amended by adding two new subdivisions 6 and 7 to read as follows:
6. Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter that works four or more consecutive hours shall be entitled to a ten minute rest break. The time spent by the employee on the rest break shall be counted as hours worked.
7. Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter that works five or more consecutive hours shall be entitled to a meal break of at least thirty minutes, except 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05362-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 consec- utive 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 subdivi- sions 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
03/29/16 - Referred to Labor
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.