• All workers in New York City are entitled to a lunch break.lunch wagon construction image by Greg Pickens from Fotolia.com
  
  The labor laws of New York City concerning break times are governed by the New York State Department of Labor, which monitors the proper application of these statutes for the entire state. These labor laws aim to prevent abuse of the labor force and to guarantee the rights of workers.
  
  

The Noonday Meal Period

• The New York State Department of Labor mandates a 60-minute meal break over the noonday meal period for all factory workers. This break may take place for a continuous 60-minute period between the hours of 11 a.m. and 2 p.m. Employees involved in the mercantile industry also fall under the provisions of this labor law and must be granted at least a 30-minute meal break during the noonday meal period. Other workers in New York City who are scheduled to work shifts longer than six hours are entitled to a continuous 30-minute meal break.
  
  

Evening Workers

• Workers in New York City who are scheduled for shifts that start before 11 a.m. and extend after 7 p.m. are required to have an additional meal break of at least 20 minutes. All employees involved in factory work who are scheduled for shifts for more than six hours beginning at 1 p.m. and extending through 6 a.m. are entitled to a meal period of at least 60 minutes. A 45-minute meal period is guaranteed for workers engaged in work for, or in connection with, the mercantile industry.
  
  

Shorter Meal Periods

• No agreement may be entered into between employers and employees that violates New York State labor law. It is illegal for an employer to refuse an employee his or her state-mandated meal break for any reason. An employee may voluntarily forgo his meal break when he is fully informed of his rights and in the absence of any duress by the employer. Employees may receive breaks shorter than the minimum of 30 minutes only upon written approval from the New York State Department of Labor.
  
  

One Employee on Duty

• When only one employee is on duty at any given time, employees are allowed to eat while on the job, according to the New York State Department of Labor. The state and city of New York accept these special circumstances only when the employee voluntarily agrees to the terms. An uninterrupted meal period must still be provided should the employee request it.