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March 1999

Q. Are employers required to set aside time for lunch periods for their employees?

A. Yes. Section 162 of the New York State Labor Law requires employers designate at least a 30 minute uninterruped meal period for employees who work more than a six hour shift. The "day" shift meal period falls between 11:00 a.m. and 2:00 p.m. while the "evening" or "night" shift periods occur at approximately mid-shift. The meal period need not be paid but special rules apply to "one employee shift." This meal period requirement applies to all employees, including white collar management and office staff.

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