Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector. Employers in NYS must provide certain employees with at least 24 consecutive hours of rest in any calendar week.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. Nonexempt employees are entitled to an unpaid meal or lunch break lasting a minimum of 30 minutes for shifts exceeding five hours. Just curious, can a non-exempt employee legally refuse to take their lunch break while working an 8 hour shift? Meal and rest break compliance continues to be the source of a great deal of litigat​ion for California employers. California law allows employees to waive (agree not to take it or receive any penalty pay for missing it) meal breaks for shifts of 6 hours or less. Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. However, for employers who opt to offer a rest break, it must be paid (up to 20 minutes), and it counts toward overtime requirements under federal law. Rest breaks, also known as rest periods, are also a requirement under labor regulations.