Jump to Navigation

The law regarding workplace breaks and meals

New York employees may be surprised to learn that their employers may be required to compensate them for the time they spend taking breaks or eating their meals. The federal Fair Labor Standards Act provides some guidance with respect to these matters.

According to the FLSA, employers must compensate their employees for the time they are required or permitted to work. When employees take a break or eat a meal, the Department of Labor requires them to be compensated, unless they are not engaged in their employment at all.

However, the employees must meet certain criteria if they want to be paid during their breaks. The employee must remain on the employer's premises, refrain from running personal errands, and be on call and readily available to perform any job-related duties, among other requirements.

Most courts when ruling on these matters in wage and hour cases apply a totality of the circumstances test. This is based on a number of factors, such as whether the terms of a collective bargaining agreement applies to the circumstances, the amount and length of interruptions employees face and the restrictions imposed on the activities of employees who must remain on the employer's premises.

Employees who believe they have not been fully compensated for their work hours might wish to discuss their wage disputes with an employment law attorney. The attorney could work to determine if they should have been paid for all the hours they spent while engaged in work duties, even during break and meal periods.

No Comments

Leave a comment
Comment Information

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Subscribe To This Blog's Feed
Contact

Nassau County Address
Richard V. Rappaport and Associates
1900 Hempstead Turnpike
Suite 200
East Meadow, NY 11554
Phone: 516-368-0409
Fax: 516-222-5262

Map and Directions

Suffolk County Address
Court House Corporate Center 
320 Carleton Ave.
Suite 6200
Central Islip, NY. 11722
Phone: 631-234-0660

Manhattan Address
112 Madison Avenue 
6th Floor
Manhattan, NY 10016
212-685-8999

Facebook Logo google plus Twitter Logo linkedIn

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.

FindLaw Network