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SEPTEMBER 2005 HR QUESTION OF THE MONTH

Q. As an employer, am I required to provide coffee breaks and a meal period?

A. Breaks for coffee, smoking or rest are not required by federal or New York State law. However, if you do grant short breaks, they must be counted as time worked if they are less than 20 minutes long.

In New York State, a minimum of a 30 minutes, uninterrupted meal period is required to be given to employees and employers should insure that employees actually take it. This meal period need not be paid as long as the employee is not performing duties for the employer.

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This question was an actual inquiry received by our Resourceline from a Business Council member.

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