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The sacred lunch break, a time to refuel, relax, and rejuvenate during the workday, is a
fundamental right for employees. However, what happens when an employer cuts your lunch
break short? Are they obligated to compensate you for the lost time?
In the state of New York, where labor laws are well-defined, the answer is not as straightforward
as one might think. In this article, our New York City wage and overtime attorneys at The
Samuel Law Firm explore the legal aspects surrounding lunch breaks and employercompensation in New York.

I. Lunch Breaks in New York: An Overview

A. Length and Requirements

1. Under New York labor laws, employers must provide a meal break to employees who
work for more than six consecutive hours.
2. The duration of the meal break must be at least 30 minutes, but the employer may offer
a longer break if they choose.

B. Unpaid vs. Paid Breaks

1. In New York, lunch breaks are typically unpaid unless the employer offers paid breaks
as a company policy or collective bargaining agreement.
2. If an employer provides paid breaks, the employee is entitled to receive compensation
for the entire break duration

II. Shortened Lunch Breaks: Legal Considerations

A. Employer's Right to Modify Break Duration

1. While employers have the authority to set the length of lunch breaks, they must ensure
that the minimum required duration is met.
2. If an employer consistently shortens lunch breaks below the required duration, it may be
considered a violation of labor laws.

B. Impact on Compensation

1. In general, if an employer cuts a lunch break short within the required duration, they are
not required to compensate the employee for the lost time.
2. However, if an employee is unable to take a full lunch break due to work-related
demands, they may be entitled to compensation for the time worked during the
shortened break.

III. Exceptions and Special Circumstances

A. Union Contracts and Collective Bargaining Agreements

1. Unionized employees may have specific lunch breaks and compensation provisions in
their collective bargaining agreements.
2. These agreements supersede the general labor laws, and employers must adhere to the
terms outlined in the contract.

B. Non-Exempt vs. Exempt Employees

1. Non-exempt employees, who, for the most part, are generally entitled to overtime pay,
may be eligible for compensation if their shortened lunch break results in exceeding the
standard working hours for a day.
2. Exempt employees, such as certain salaried employees, are not typically entitled to
overtime pay and may not be eligible for compensation due to a shortened lunch break.