Employers in NYS must provide certain employees with at least 24 consecutive hours of rest in any calendar week. Factory Workers are entitled to a 60-minute lunch break between a.m.Employee meal breaks are required to be at least 30 minutes if an employee works six hours anywhere throughout New York state. Workers in New York State have rights and protections related to: Wages; Hours of work and overtime; Leave; Safety and health; Discrimination. 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. 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. New York law does not require employers to give employees a rest break. Rest breaks are not required, but all breaks 20 minutes or less must be compensated as hours worked. Industry-Specific Scheduling Requirements. Employers are required to pay an overtime rate of 1 ½ times the normal rate to non-exempt employees for all hours worked in excess of 40 hours in a workweek.