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.Workers in New York State have rights and protections related to: Wages; Hours of work and overtime; Leave; Safety and health; Discrimination. The Department of Consumer and Worker Protection (DCWP) created this overview of important City, State, and federal laws so you know your rights at work. 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. Employee meal breaks are required to be at least 30 minutes if an employee works six hours anywhere throughout New York state. This pamphlet is intended to provide Employers and Employees with general information about their employment rights and responsibilities in New York State. Mansell Law is a New York City employment law firm helping workers across the spectrum of employment law and unpaid wage law. Rest breaks are not required, but all breaks 20 minutes or less must be compensated as hours worked. Industry-Specific Scheduling Requirements.