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.
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Day-of-Rest Variance from Section 161 New York State Labor Law (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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Employers with Day-of-Rest Variances
Updated 4/1/2024. 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.
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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.
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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.
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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