Is there a certain time in the day that I can legally take my lunch break?
Full Question:
I work a shift with the hours of 6am-2pm. My employer does allow me a unpaid 30min. lunch break. The half hour lunch break used to start at 11am-11:30am. My employer changed the hours to 10:30am-11am. I now no longer can order out lunch or run any where to get lunch because lunch time hours start at 11am for franchises. I looked up the labor management law and it says I have the right for a noon time meal between the hours of 11am-2pm is this the law?
11/10/2007 |
Category: Employment |
State: New York |
#12000
Answer:
The following are New York statutes:
§ 162 Lab. Time allowed for meals.
1. Every person employed in or in connection with a factory shall be
allowed at least sixty minutes for the noon day meal.
2. Every person employed in or in connection with a mercantile or other
establishment or occupation coming under the provisions of this chapter
shall be allowed at least thirty minutes for the noon day meal, except as
in this chapter otherwise provided. The noon day meal period is recognized
as extending from eleven o'clock in the morning to two o'clock in the
afternoon. An employee who works a shift of more than six hours which
extends over the noon day meal period is entitled to at least thirty
minutes off within that period for the meal period.
3. Every person employed for a period or shift starting before eleven
o'clock in the morning and continuing later than seven o'clock in the
evening shall be allowed an additional meal period of at least twenty
minutes between five and seven o'clock in the evening.
4. Every person employed for a period or shift of more than six hours
starting between the hours of one o'clock in the afternoon and six o'clock
in the morning, shall be allowed at least sixty minutes for a meal period
when employed in or in connection with a factory, and forty-five minutes
for a meal period when employed in or in connection with a mercantile or
other establishment or occupation coming under the provisions of this
chapter, at a time midway between the beginning and end of such employment.
5. The commissioner may permit a shorter time to be fixed for meal
periods than hereinbefore provided. The permit therefor shall be in writing
and shall be kept conspicuously posted in the main entrance of the
establishment. Such permit may be revoked at any time.
§ 2 Lab. Definitions.
Whenever used in this chapter:
1. "Department" means the department of labor of the state of New York.
2. "Commissioner" means the commissioner of labor of the state of New
York.
3. "Board," as determined by the context, shall mean either the
workmen's compensation board or the industrial board of appeals of the
state of New York.
4. "Rule" means any rule or regulation made by the industrial
commissioner and any amendment or repeal thereof.
5. "Employee" means a mechanic, workingman or laborer working for another
for hire.
6. "Employer" means the person employing any such mechanic, workingman or
laborer, whether the owner, proprietor, agent, superintendent, foreman or
other subordinate.
7. "Employed" includes permitted or suffered to work.
8. "Person" includes a corporation or a joint-stock association.
8-a. "Agent" of a corporation includes, but is not limited to, a manager,
superintendent, foreman, supervisor or any other person employed acting in
such capacity.
9. "Factory" includes a mill, workshop or other manufacturing
establishment where one or more persons are employed at manufacturing,
including making, altering, repairing, finishing, bottling, canning,
cleaning or laundering any article or thing, in whole or in part, and
includes all buildings, sheds, structures or other places used for or in
connection therewith, except (a) dry dock plants engaged in making repairs
to ships and (b) power houses, generating plants and other structures owned
or operated by a public service corporation or a municipal corporation
other than construction or repair shops, subject to the jurisdiction of the
public service commission and (c) structures, operated as refrigerated
warehouses for the handling, packing, refrigeration and storage of fruits
and vegetables and which are subject to the jurisdiction of or licensed by
the department of agriculture and markets, also structures used in cleaning
or packing celery. The provisions of this chapter affecting structural
changes and alterations shall not apply to factories or to any buildings,
sheds or other places used for or in connection therewith where less than
six persons are employed at manufacturing except as otherwise prescribed by
the rules.
10. "Factory building" means a building, shed or structure which, or any
part of which, is occupied by or used for a factory, and in which at least
one-tenth or more than twenty-five of all the persons employed in the
building are engaged in work for a factory, but shall not include a
building in a city having a population of more than one million, used
exclusively by one employer and in which not more than one-tenth of all the
persons employed therein are engaged in work for a factory and which,
except for such factory work, would be classified as a mercantile
establishment. The provisions of this chapter shall apply to any part of a
building occupied or used as a factory, except as otherwise provided by
this subdivision.
11. "Mercantile establishment" means a place where one or more persons
are employed in which goods, wares or merchandise are offered for sale and
includes a building, shed or structure, or any part thereof, occupied in
connection with such establishment. The provisions of this chapter
affecting structural changes and alterations shall not apply to mercantile
establishments where less than six persons are employed except as otherwise
prescribed by the rules.
12. "Place of public assembly" shall include (1) a theatre, (2) moving
picture house, (3) assembly halls maintained or leased for pecuniary gain
where one hundred or more persons may assemble for amusement or recreation,
except (a) halls owned by churches, religious organizations, granges, and
public association and free libraries as defined by section two hundred
fifty-three of the education law, and (b) hotels having fifty or more
rooms.
13. "Public building" shall include a factory building, an office
building, a mercantile building, a hotel building, a theatre building, a
warehouse building, an apartment building, a state or municipal building, a
school, a college or university building, a building containing a place of
public assembly maintained or leased for pecuniary gain, or any other
building more than one story high except a dwelling house less than three
stories high or occupied by less than three families.
14. All references to male employees in this chapter shall be deemed to
include female employees.
15. "Minor" means any person who has not attained the age of eighteen
years.
