Employers in NYS must provide certain employees with at least 24 consecutive hours of rest in any calendar week. Non-Factory Workers are entitled to a 30-minute lunch break between a.m. and.Employees are entitled to a 45-minute break for shifts more than 6 consecutive hours that begin between 1 p.m. Employee meal breaks are required to be at least 30 minutes if an employee works six hours anywhere throughout New York state. Employees working over six hours in a shift in New York are entitled to a 30minute uninterrupted meal break. Technically, you can't waive the lunch break as it's part of employment law in NY. You are required to have a 30 minute break for every 5.5 hours of work. New York law does not require employers to give employees a rest break. No. State laws may not require salaried or even exempt employees from being guaranteed a regular lunch break. Workers in New York State have rights and protections related to: Wages; Hours of work and overtime; Leave; Safety and health; Discrimination. Under New York Labor Law, employers in NY State must provide all employees time off for meals after working a certain number of hours.