2023 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.