Day of Rest
Employers in New York State must provide certain employees with at least 24 consecutive hours of rest in any calendar week. This is referred to as a day of rest, and the Guidelines (below) provide more specific details.
Employers may apply for a variance from the day of rest requirement. The variance will only be granted if the application is approved, and the employer agrees to certain conditions.
Variance - Day of Rest (LS137)
An employer may petition the Commissioner of Labor for a variance from the requirements of Section 161 (One Day Rest in Seven) of the New York State Labor Law.
Employers with Day-of-Rest Variances
Updated 6/1/2023. The NYS DOL maintains this list of employers that have approved day-of-rest variances.
Employers in New York State must provide all employees time off for meals, after working a certain number of hours. In general, employers must provide at least 30 minutes of unpaid time off if an employee works more than 6 hours.
The Meal Period Guidelines outline the requirements.
Meal and Rest Period Frequently Asked Questions.
LS443 Guidelines for Meal Periods
Information on time allowed for meals, employee coverage, shorter meal periods, and more.
Employers with Shorter Meal Period Permits
The NYS DOL maintains this list of employers permitted to have shorter meal periods.
Application for Meal Period of Less than Thirty Minutes (LS284)
A meal period of less than 30 minutes but not less than 20 minutes will be permitted only in special or unusual cases after investigation and issuance of a special permit.
File a Complaint
If their employer fails to provide a required day of rest or a required meal period, employees may file a complaint (LS 223) with the Department of Labor by completing a form and mailing it in.
Complaints can be mailed to:
Division of Labor Standards
State Office Campus
Building 12, Room 266B Albany, NY 12226