How early into my shift can my boss assign me for lunch

Editorial Team / Admin · May 15, 2017

My guess would be yes. Most laws only specify that one must be given a 30 minute break, not when that break must occur. However, I am not familiar with NY and if there are other specifics.

SDboyy · May 15, 2017

Really need to know when your shift begins. NewYork state has a noonday meal for most employees, which extends from 11 to 2. For most 8 hr day shifts, your lunch break should fall in that window.

Murse_82 · May 15, 2017

Thank you, that is all I could find during labor relations laws.

Murse_82 · May 15, 2017

SDboyy shift starts at 4pm ends at 12am

SDboyy · May 15, 2017

You can access the guidlines for NY here: Meal Period Guidelines - New York State Department of Labor. Hopefully that link works. If not just copy until the .gov and then the statute should be there. Basically it says for anyone starting after 1300 the meal period must be in the middle of the shift. Sounds like you have a legitimate complaint if you choose to pursue it.

Meriwhen, ASN, BSN, MSN, RN · May 15, 2017

Good Day
I work in New York state as a Registered Nurse.
I work 8hrs but get paid for 7.5hrs
My question is, can my boss make me take a break only after 2 hours of work?

NY state law may allow it. Review the state law and/or consult with attorney versed in NY employment law to see what your employer should be doing.

Keep in mind state laws vary. In California, I am required to have my break no later than 5 hours after the start of the shift. If I don't get it, my employer is penalized and has to pay me extra for taking a late lunch. So employers bend over backwards to make sure we get our breaks within that time period...and yes, sometimes this means I have to take a break 2 hours into my shift.

The only exception is if I'm working only 6 hours; then lunch can be skipped without penalty.

Here.I.Stand, BSN, RN · May 16, 2017

I don't know legally, but one would think professionals are capable of working out your own break schedule. I mean I see managers at Walmart telling employees "you can go on break now," but nurses?

brownbook · May 16, 2017

I don't know legally, but one would think professionals are capable of working out your own break schedule. I mean I see managers at Walmart telling employees "you can go on break now," but nurses?

I had exactly the same thought. But I hear so frequently co-workers whining to the charge nurse about their lunch or break time. So the management solution is to micro manage the staff and say who gets a break at what time!

It drives me crazy, I'm not a time management expert yet I always manage to get the lunch and break times I need. Sure on crazy/busy days they may not be ideal.

Cat365 · May 16, 2017

We often have a floater that covers for you. We get a break when they are free.