Non-Factory Workers are entitled to a 30-minute lunch break between a.m. and. Employee meal breaks are required to be at least 30 minutes if an employee works six hours anywhere throughout New York state.First, the employer must pay the employee; a lawful rest break is paid. Employers in NYS must provide certain employees with at least 24 consecutive hours of rest in any calendar week. If you work over 10 hours, you are entitled to a third rest break. Rest breaks must to the extent possible be in the middle of each work period. As a nonexempt employee, you have the right to take an unpaid, off-duty meal break lasting at least 30 uninterrupted minutes when your workday exceeds 5 hours. If you have worked for at least 3.5 hours, you are entitled to a 10-minute rest 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. Nonetheless, if you are working not over six hours daily, you can waive your meal break.