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.
Applications for Day of Rest Variance are now online.
For easier and faster service, apply for your certificate online through MPWR. This completely online system speeds up the application process and makes information about applications readily available, so we encourage all applicants to use MPWR for all their application needs. Using MPWR, you can:
- Submit and upload the required documentation
- Receive real-time updates about the status or issues with respect to their application
To access MPWR, create an ID at NY.gov and log in to the MPWR homepage.
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Employers with Day-of-Rest Variances
Updated 12/09/2025. The NYS DOL maintains this list of employers that have approved day-of-rest variances.
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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.
Applications for Meal Periods Less Than 30 Minutes are now online.
For easier and faster service, apply for your certificate online through MPWR. This completely online system speeds up the application process and makes information about applications readily available, so we encourage all applicants to use MPWR for all their application needs. Using MPWR, you can:
- Submit and upload the required documentation
- Receive real-time updates about the status or issues with respect to their application
To access MPWR, create an ID at NY.gov and log in to the MPWR homepage.
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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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Employers with Shorter Meal Period Permits
The NYS DOL maintains this list of employers permitted to have shorter meal periods.
Updated 01/05/2026
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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
Harriman State Office Campus
Building 12, Room 185B
Albany, NY 12226