Meal Break - A non-compensable meal break of at least one-half hour to one hour shall be provided to employees who work more than five consecutive hours, near. Whether or not you're given rest and meal breaks depends on where you're employed.If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. Employers must provide a second meal break of no fewer than 30 minutes for all workdays on which an employee works more than 10 hours. Employee meal breaks are required to be at least 30 minutes if an employee works six hours anywhere throughout New York state. Workers have a right to at least a 30minute meal break or each 6 hours worked in a calendar day. Wages, breaks, retaliation and labor laws, 833-526-4636. Division of Workers' Compensation, Benefits for work-related injuries and illnesses, 1-800-736-7401. If you have worked less than 6 hours in a day, you can agree to forego your meal break. You can also agree to take your meal break while on duty.