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I own and operate a restaurant in nassau county NY. our

Customer Question
I own and operate...

I own and operate a restaurant in nassau county NY. our shift times are unusual sometimes starting 11an until 7pm and a second shift going from 7pm until 2am. how do we provide breaks legally?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

The job is hourly not a union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is there a waiver for employees to sign if they are willing to take a short paid break at end of 6 hour shift? again we are in NY

Submitted: 2 months ago.Category: Employment Law
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Answered in 14 minutes by:
6/2/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,954
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

NY does not allow an employee to waive their mandatory lunch period. If they work less than 6 hour shifts you do not have to provide a mandatory lunch period, if they work more than 6 hours, you must provide a lunch break sometime during the middle of the shift as business provides and you can stagger employee breaks.

However, you cannot get them to sign any waivers, you have to schedule breaks into their shifts I am afraid or you need to hire more employees and overlap them so none work more than 6 hours.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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