Employers in New York State must provide certain employees with at least 24 consecutive hours of rest in any calendar week. New York law does not require employers to give employees a rest break.Learn more about New York break laws today to stay compliant! First, the employer must pay the employee; a lawful rest break is paid. Employee meal breaks are required to be at least 30 minutes if an employee works six hours anywhere throughout New York state. 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. 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. 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. If you are aged 14-17 you will need an employment certificate, also called working papers, in order to hold a job in New York State.