Day of Rest
Employers in New York State must provide most employees with a day of rest once per calendar week. The Day of Rest Guidelines outline the requirements.
Employers who apply for and agree to certain conditions, may be granted a variance from the day of rest requirement.
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Variation - 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.
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Meal Periods
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.
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LS443 Guidelines for Meal Periods
Information on time allowed for meals, employee coverage, shorter meal periods, and more.
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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:
NYS DOL
Division of Labor Standards
State Office Campus
Building 12, Room 266B Albany, NY 12240