Expands the period of time for taking the noon day meal for employees in restaurants and other food service establishments.
TITLE OF BILL: 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
PURPOSE: To extend the noon day meal period from ten o'clock a.m. until three o'clock p.m. for persons employed in restaurants and other food service establishments.
SUMMARY OF PROVISIONS: Section 1. Adds a new subdivision 2-a to Section 162 of the Labor law, to expand the noon day meal period from 10 a.m. until 3 p.m. for employees in restaurants and other food service establishments. Notwithstanding the provisions of this subdivision to the contrary, the noon day meal period may be established through the collective bargaining process.
JUSTIFICATION: Current law requires a meal period between the hours of 11 a.m. and 2 p.m. The unique characteristics of the restaurant industry make this requirement impractical, as it usually coincides with the highest level of food service activity.
This burdensome requirement reduces the number of staff available to serve the public, and, more importantly, limits an employees earning capacity.
Flexibility in scheduling that allows for meal breaks during "down" times would be beneficial to both patrons and employees of food establishments, by ensuring adequate staffing levels at peak hours and maximizing employees' ability to increase earnings.
LEGISLATIVE HISTORY: S.4213A/A.8379 of 2004, S.2162/A.4250 of 2005-2006. A2189/S1060 of 2007-08, A7929 of 2009-10, A6828 of 2011-12.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5958 2013-2014 Regular Sessions IN SENATE October 16, 2013 ___________Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD11939-01-3