FunemployedNYC
Member
I'm located in NYC.
From Section 162 of the NYS Labor Laws:
"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 noonday meal, except as in this chapter otherwise provided. The noonday 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 noonday meal period, is entitled to at least thirty minutes off within that period for the meal period."
My understanding of this section is that we must have a lunch break within those hours or it does not constitute an unpaid lunch break. I was scheduled 8.5 hours per day, clocked out for lunch, but it was mandated that this lunch fall 5 hours after the start of our shift. All shifts started before 11am. There was only one shift, starting at 8am, where the lunch would fall at the prescribed time. Most commonly the lunch would fall at 2:30 or later.
My question is, what is the general interpretation around this situation? I'm planning a call to the Board of Labor tomorrow (they have crap hours) to see if they'll tell me anything prior to filing a complaint. What I'm wondering about is:
1) Am I entitled to any sort of compensation regarding the breaks not being within 11am-2pm?
2) Does the unpaid break after the period still count as time legally unpaid, or does the lack of compliance mean that half hour should have been paid?
3) Does being terminated recently have any bearing on this? I understand the reasons for my termination to be lawful and within my employer's discretion.
From Section 162 of the NYS Labor Laws:
"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 noonday meal, except as in this chapter otherwise provided. The noonday 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 noonday meal period, is entitled to at least thirty minutes off within that period for the meal period."
My understanding of this section is that we must have a lunch break within those hours or it does not constitute an unpaid lunch break. I was scheduled 8.5 hours per day, clocked out for lunch, but it was mandated that this lunch fall 5 hours after the start of our shift. All shifts started before 11am. There was only one shift, starting at 8am, where the lunch would fall at the prescribed time. Most commonly the lunch would fall at 2:30 or later.
My question is, what is the general interpretation around this situation? I'm planning a call to the Board of Labor tomorrow (they have crap hours) to see if they'll tell me anything prior to filing a complaint. What I'm wondering about is:
1) Am I entitled to any sort of compensation regarding the breaks not being within 11am-2pm?
2) Does the unpaid break after the period still count as time legally unpaid, or does the lack of compliance mean that half hour should have been paid?
3) Does being terminated recently have any bearing on this? I understand the reasons for my termination to be lawful and within my employer's discretion.
