Overview of the New Law

All employers should be aware of a new law in Minnesota which, effective on January 1, 2026, revises certain breaktime requirements for employees. Currently, Minnesota law generally requires that employees be given one reasonable “rest” break for every four hours of consecutive work, and one meal break for every eight hours. Fifteen minutes is presumed to be “reasonable” for the rest breaks (though less time might be acceptable, depending upon the circumstances), and 30 minutes is presumed reasonable for the meal break. 

Rest Break Requirements

Starting January 1, the new law clarifies that employers must allow 15- minutes or enough time to use the nearest restroom – whichever is longer – for each rest break during every four consecutive hours worked. Assuming the nearest restroom is accessible within fifteen minutes, this essentially means an employee must be allowed at least one 15-minute paid break for every four hours they work. It is unknown whether the “consecutive” hours worked calculation can be interrupted by something like the meal break and, therefore, how to treat an employee that has not worked four consecutive hours due to a meal break. A fair reading of the statute is that if a meal break is unpaid and not considered “hours worked,” then it interrupts the “consecutive” hours of work and the calculation to determine when the employee must be allowed to take the rest break resets after the meal break. The Minnesota Department of Labor also directs that rest breaks of at least 20 minutes can be unpaid if the employee is “completely relieved of duties” for the break period. Shorter rest breaks must be paid.

Meal Break Requirements

Employees working six or more hours must be allowed a meal break of at least 30-minutes. This meal break can be be unpaid if employees are completely relieved from their work duties. It is unclear whether employees can choose to waive (work through) the meal break. Since the statute uses the word “allow”, it is possible that employees will not be required to take the meal break if they choose not to. Employers should clearly document if an employee chooses not to take a meal break (to avoid a claim by employees that they were denied the break),and may still require meal breaks and dictate when breaks occur within each six hour work period.

Implementation and Best Practices

It is likely the Minnesota Department of Labor will issue further guidance before January 1.  Employers should inform management and employees about the new rules. Additionally, it’s best to notify employees of either when they can, or must, take these breaks. For example, an employee scheduled from 6:30 a.m. to 1 p.m. could be notified that their scheduled rest break is from 9-9:15 a.m. and scheduled unpaid meal break is from 11:30 a.m. to 12 p.m. These times could be staggered for different employees working the same “shift” to limit interruption of work as much as possible. Guidance from the Department of Labor’s website confirms: “The employer can set the hours an employee works, including when a meal or rest break can be taken.”

Legal Assistance

Please contact any member of Larkin Hoffman’s Employment Law Group for assistance with these revised Minnesota breaktime requirements.