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Bellaocchi
Hope Faith Love
Member since 2/07 5694 total posts
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Does anyone know about NYSDOL Break/Meal laws?
What is the law on break time when you work more than 8 hours a day? TIA
I tried looking the information up on the site, however it's not so clear...thanks..
Message edited 10/19/2009 6:12:25 PM.
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Posted 10/19/09 5:58 PM  |
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Long Island Weddings
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Does anyone know about NYSDOL Break/Meal laws?
NYS DOL Meal Period Guidelines
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| Posted 10/19/09 7:35 PM |
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itkocak
Member since 7/07 7639 total posts
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Re: Does anyone know about NYSDOL Break/Meal laws?
Message edited 11/29/2011 2:40:09 PM.
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| Posted 10/19/09 10:11 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Does anyone know about NYSDOL Break/Meal laws?
Posted by imthekevinofcindyandkevin
there is no law, only guidelines.
I thought an employee who worked 6 hour HAD to have a 30 minute break.
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| Posted 10/20/09 9:40 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Does anyone know about NYSDOL Break/Meal laws?
Posted by smdl
Posted by imthekevinofcindyandkevin
there is no law, only guidelines.
I thought an employee who worked 6 hour HAD to have a 30 minute break.
There is no such law, especially if you are considered at-will. The guidelines posted above say they *should* give a 30 minute break. But it is not guaranteed, and it definitely doesn't have to be paid.
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| Posted 10/20/09 10:50 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Does anyone know about NYSDOL Break/Meal laws?
I work 10 hours straight sometimes without a break and I'm non-exempt. Definitely not a law.
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| Posted 10/20/09 11:44 AM |
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OStewarts
LIF Adult
Member since 11/07 1096 total posts
Name:
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Re: Does anyone know about NYSDOL Break/Meal laws?
Actually, these guidelines are not simply guidelines. The law REQUIRES employers to provide employees a 30 minute unpaid meal break if you work more than six hours (both hourly and salary, in any industry). I have no idea why the website calls them guidelines, since they are legally required and I agree, it is confusing.
6 hours =30 minutes unpaid
8 hours =30 minutes unpaid
However, if you work more than 8 hours, and your shift starts before 11 am and you work past 7pm, then you are also entitled to an ADDITIONAL 20 minutes of PAID MEAL TIME.
Finally, if you're represented by a union, there may be additional breaks and/or language in the contract providing that you be paid for some or all of your meal periods.
You can always call the NYS DOL in Garden City if you have a complaint. Their number is 516-794-8195.
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| Posted 10/20/09 11:49 AM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
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They call me "Tater Salad"
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Re: Does anyone know about NYSDOL Break/Meal laws?
Posted by ave1024
Posted by smdl
Posted by imthekevinofcindyandkevin
there is no law, only guidelines.
I thought an employee who worked 6 hour HAD to have a 30 minute break.
There is no such law, especially if you are considered at-will. The guidelines posted above say they *should* give a 30 minute break. But it is not guaranteed, and it definitely doesn't have to be paid.
Not true at all. First, there is a law - that link is to the NY statute. Additionally, it says SHALL, not SHOULD. There is a huge difference legally speaking between those two words. Shall = required.
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| Posted 10/20/09 3:01 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Does anyone know about NYSDOL Break/Meal laws?
well now I want a break!
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| Posted 10/20/09 3:11 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Does anyone know about NYSDOL Break/Meal laws?
Posted by Kara
Posted by ave1024
Posted by smdl
Posted by imthekevinofcindyandkevin
there is no law, only guidelines.
I thought an employee who worked 6 hour HAD to have a 30 minute break.
There is no such law, especially if you are considered at-will. The guidelines posted above say they *should* give a 30 minute break. But it is not guaranteed, and it definitely doesn't have to be paid.
Not true at all. First, there is a law - that link is to the NY statute. Additionally, it says SHALL, not SHOULD. There is a huge difference legally speaking between those two words. Shall = required.
Hmmm... I never knew this was an actual law. Good to know.
Too bad what happens in the real world is a lot of times, totally different. I am sure there are plenty of people out there that would have no problem not taking their lunch break if it meant keeping their job.
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| Posted 10/20/09 6:04 PM |
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Bellaocchi
Hope Faith Love
Member since 2/07 5694 total posts
Name:
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Re: Does anyone know about NYSDOL Break/Meal laws?
It is a law. The employer must give a 30 minute break if you work 6 hours and if you work for example over 10 hours starting in the morning and working until night, you are to be given a half hour break (unpaid) and another half hour break during evening hours as your "dinner" break. NOONE can be forced to work overtime. I just spoke to a friend of the family who works for them. He confirmed.
Thanks everyone for your responses.
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| Posted 10/20/09 8:10 PM |
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