Day of Rest and Meal Periods

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. 

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

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 12240