S T A T E O F N E W Y O R K
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7929
2009-2010 Regular Sessions
I N A S S E M B L Y
April 28, 2009
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Introduced by M. of A. ABBATE, SCHROEDER -- read once and referred to
the Committee on Labor
AN ACT to amend the labor law, in relation to expanding the period of
time for taking the noon day meal for employees in restaurants and
other food service establishments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 162 of the labor law is amended by adding a new
subdivision 2-a to read as follows:
2-A. FOR EVERY PERSON EMPLOYED IN OR BY A RESTAURANT OR FOOD SERVICE
ESTABLISHMENT SUBJECT TO THE PROVISIONS OF THIS CHAPTER, THE NOON DAY
MEAL PERIOD IS RECOGNIZED AS EXTENDING FROM TEN O'CLOCK IN THE MORNING
UNTIL THREE O'CLOCK IN THE AFTERNOON. AN EMPLOYEE IN SUCH ESTABLISHMENT
WHO WORKS A SHIFT OF MORE THAN SIX HOURS WHICH EXTENDS OVER THE NOON DAY
MEAL PERIOD IS ENTITLED TO AT LEAST THIRTY MINUTES OFF WITHIN THAT PERI-
OD FOR THE MEAL PERIOD.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY,
THE NOON DAY MEAL PERIOD MAY BE ESTABLISHED THROUGH THE COLLECTIVE
BARGAINING PROCESS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11479-01-9