In general, employers must provide at least 30 minutes of unpaid time off if an employee works more than 6 hours. By law, employees are entitled to meal and rest breaks.Employee meal breaks are required to be at least 30 minutes if an employee works six hours anywhere throughout New York state. Non-Factory Workers are entitled to a 30-minute lunch break between a.m. and. 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. Employees are entitled to a 45-minute break for shifts more than 6 consecutive hours that begin between 1 p.m. All workers: An additional 20-minute break between p.m. For non-exempt (hourly) employees, only time worked over 40 hours in a workweek will be compensated at the overtime rate. Breaks.