In general, employers must provide at least 30 minutes of unpaid time off if an employee works more than 6 hours. 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. 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 an employee is asked to work through their break, they must be compensated for it. 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. For shifts starting between 1 p.m. Rest breaks are not required, but all breaks 20 minutes or less must be compensated as hours worked. Industry-Specific Scheduling Requirements. New York law does not require employers to give employees a rest break.