NY Lab L § 161 (2021)
2021 New York Laws LAB - Labor Article 5 - Hours of Labor Title 1 - General 161 - One Day Rest in Seven.

§  161.  One day rest in seven. 1. Every employer operating a factory,   mercantile establishment, hotel, restaurant,  or  freight  or  passenger   elevator  in  any  building  or  place shall, except as herein otherwise   provided, allow every person employed in such establishment  or  in  the   care,  custody  or  operation of any such elevator, at least twenty-four   consecutive hours of rest in any calendar week. Every employer operating   a place in which motion pictures are shown shall allow the projectionist   or operator of the motion picture  machine  and  engineers  and  firemen   therein  at  least twenty-four consecutive hours of rest in any calendar   week. Every employer operating  a  place  in  which  legitimate  theatre   productions  such  as  dramatic  and  musical  productions  are shown or   exhibited shall allow all employees, including  the  performers  in  the   cast therein and engineers and firemen, at least twenty-four consecutive   hours  of rest in each and every calendar week, but this shall not apply   to any place wherein motion pictures,  vaudeville  or  incidental  stage   presentations  or  a  combination thereof are regularly given throughout   the week as the established policy of such place; except that  engineers   and firemen employed in such place shall be allowed at least twenty-four   consecutive  hours  of  rest  in  any  calendar  week. No employer shall   operate such establishment, place or elevator on Sunday unless he  shall   comply  with subdivision three. This section does not authorize any work   on Sunday not permitted now or hereafter by law.Every owner, lessee and operator of a dwelling,  apartment,  loft  and   office  building, garage, storage place and building, wherein or whereat   a watchman or watchmen or engineer or fireman are employed, shall  allow   such  person  or  persons  so  employed at least twenty-four consecutive   hours of rest in each and every calendar week.Every owner, lessee or operator of a warehouse, storagehouse,  office,   dwelling,  apartment, loft and any other building or structure wherein a   janitor, superintendent, supervisor or manager or engineer or fireman is   employed, shall allow such  person  or  persons  so  employed  at  least   twenty-four consecutive hours of rest in each and every calendar week.Every  person  employed as a domestic worker as defined in subdivision   sixteen of section two of  this  chapter,  shall  be  allowed  at  least   twenty-four  consecutive  hours of rest in each and every calendar week.   No provision of this paragraph shall prohibit  a  domestic  worker  from   voluntarily  agreeing  to  work  on  such  day  of rest required by this   paragraph, provided that the worker is compensated at the overtime  rate   for  all  hours  worked  on such day of rest. The day of rest authorized   under this subdivision should,  whenever  possible,  coincide  with  the   traditional  day  reserved by the domestic worker for religious worship.   In addition, after one year of work with the same  employer  a  domestic   worker shall be entitled to at least three days of rest in each calendar   year at the regular rate of compensation.Every  person  employed  as  a  farm laborer shall be allowed at least   twenty-four consecutive hours of rest in each and every  calendar  week.   Twenty-four  consecutive  hours  spent at rest because of circumstances,   such as weather or crop conditions, shall be deemed  to  constitute  the   rest  required  by  this paragraph. No provision of this paragraph shall   prohibit a farm laborer from voluntarily agreeing to work on such day of   rest required by this paragraph,  provided  that  the  farm  laborer  is   compensated at an overtime rate which is at least one and one-half times   the  laborer's  regular  rate of pay for all hours worked on such day of   rest. The term "farm labor" shall  include  all  services  performed  in   agricultural  employment  in connection with cultivating the soil, or in   connection with  raising  or  harvesting  of  agricultural  commodities,   including the raising, shearing, caring for and management of livestock,   poultry  or  dairy.  The  day  of rest authorized under this subdivision    should, whenever possible, coincide with the traditional day reserved by   the farm laborer for religious worship.2. This section shall not apply to:a. Foreman in charge;b.  Employees  in milk condenseries, milk powder factories, milk sugar   factories, milk shipping stations,  butter  and  cheese  factories,  ice   cream manufacturing plants and milk bottling plants, where not more than   seven persons are employed;c.  Employees,  if the board in its discretion approves, engaged in an   industrial or manufacturing process necessarily continuous, in which  no   employee is permitted to work more than eight hours in any calendar day;d.  Employees  whose duties include not more than three hours' work on   Sunday in setting sponges in  bakeries,  maintaining  fires,  or  making   necessary repairs to boilers or machinery.e.  Employees  in  resort  or seasonal hotels and restaurants in rural   communities and in cities and villages having a population of less  than   fifteen  thousand  inhabitants, excluding that portion of the population   of a third class city residing outside of its corporation  tax  district   where  such  city embraces the entire area of a former township. As used   in this subdivision, the term "resort" shall apply to any  establishment   enumerated  herein which operates for not more than four calendar months   and fifteen days in each year, and the term "seasonal"  shall  apply  to   any  establishment enumerated herein in which the number of employees is   increased by at least one hundred per cent from the slack to the busiest   season.f. Employees in dry dock plants engaged in making repairs to ships.3. Before operating on Sunday, every employer shall designate a day of   rest, consisting of at least twenty-four consecutive hours  of  rest  in   each  and  every  calendar week for each employee, and shall notify each   employee in advance of his or her designated day of  rest.  No  employee   shall be permitted to work on his designated day of rest.4.  Every  employer  shall  keep  a  time  book  showing the names and   addresses of his employees and the hours worked by each of them in  each   day.5. If there shall be practical difficulties or unnecessary hardship in   carrying  out  the  provisions  of this section or the rules promulgated   hereunder, the commissioner may make a variation therefrom if the spirit   of the act be observed and  substantial  justice  done.  Such  variation   shall  describe  the  conditions  under  which it shall be permitted and   shall apply to substantially  similar  conditions.  A  properly  indexed   record of variations shall be kept by the department.6.  In case of violation of any of the provisions of this section, the   commissioner shall issue an order directing  compliance  therewith,  and   upon  failure  so  to comply shall commence a prosecution as provided by   law.