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.

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
Harriman State Office Campus
Building 12, Room 185B
Albany, NY 12226