I was recently asked the following: 
 
Q. Is my staff allowed to work through lunch if they want to? My new manager
wants me to have them clock out for 30 min each day for lunch. There is a
break scheduled which we often run into due to patient issues, and the
telephones go on service. The staff much prefers to keep working while
eating and leave earlier. I know by law they are supposed to get a break,
but am really wondering if an employee can refuse the break and if I'm
supposed to "force" it on them.
 
A. Yes.  Staff can work through lunch, so long as it is the employee who
chooses to work and not the employer requiring same.  
 
Labor Laws require that employees who work a shift of more than 6 hours be
allowed at least 30 minutes for lunch, which is recognized as extending from
11AM to 2PM.  For an employee to forgo the required lunch break, such a
waiver must be "freely, knowingly and openly made, without taint of coercion
or duress, that the waiver was in return for a benefit and that there was no
bad faith involved."[1]   The gist: the legislature has worked hard to
implement policies to protect the health and welfare of individual workers.
If an individual worker knowingly and willingly wishes to waive their right
to a lunch break then that is the employee's choice. 
 
Should you have any questions or wish for me to expand on the above, please
do not hesitate to contact me. 
 

The above information is for education and discussion purposes only.  Missed
a prior article or looking for previously posted information, check out
https://www.kirschenbaumesq.com/healthcarearticles.htm. 

 
 
Jennifer Kirschenbaum, Esq.
Kirschenbaum & Kirschenbaum, P.C.
200 Garden City Plaza
Garden City, New York 11530
(516) 747-6700 (tel)
(516) 747-6781 (fax)
www.kirschenbaumesq.com 
 

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[1] Matter of American Broadcasting Cos. v. Roberts (61 NY2d 244)