Follow us on LinkedIn to see future News.
January 26, 2026
In case you missed it, effective January 1, 2026, Minnesota amended its Fair Labor Standards Act to require employers to provide qualifying employees with rest and meal breaks. See 2025 Minn. S.F. No. 17.
Minnesota employers must provide one paid[1] rest break of at least 15 minutes (or enough time to use the nearest restroom, whichever time is longer) within every four consecutive hours of work. Previously, rest breaks were required only for restroom usage. Under the amended law, employees may use rest breaks for restroom usage or other things.
EMPLOYER TIP: Within every four consecutive hours means that you cannot offer an employee a rest break after they have worked four hours.
Employers also must provide one unpaid meal break of at least 30 minutes for six consecutive hours of work (previously, Minnesota employees had to work eight consecutive hours to qualify for a meal break). If the employee is not completely relieved of work duties during the meal break, it must be paid.
EMPLOYER TIP: Second meal breaks are not required under the law, even if an employee works 12 or more consecutive hours.
EMPLOYER TIP: You may require an employee to remain on site for a meal break without turning it into paid time – again, as long as the employee is relieved of work duties.
No. Exceptions exist to whom is considered an “employee” under the Minnesota Fair Labor Standards Act and, therefore, for whom employers are required to provide rest and meal breaks. The exceptions include, but are not limited to, (1) certain agricultural workers; (2) individuals employed in a bona fide executive, administrative, or professional capacity; and (3) certain seasonal day camp staff members.
EMPLOYER TIP: If rest or meal breaks are addressed in collective bargaining agreements, those agreements will trump this law.
No. Minnesota law simply states that employers must “allow” employees to take rest or meal breaks. Employees may choose not to take them.
EMPLOYER TIP: To avoid disputes about whether breaks were allowed or were waived, you should maintain workplace policies that outline rest and meal break entitlements, communicate those policies to employees, and ensure that work circumstances make breaks possible. In addition, if employees choose to waive breaks, confirm that choice in writing.
Employers that do not provide rest or meal breaks may be liable to pay for the break time plus an additional amount equal to the break time as liquidated damages. Minnesota’s Department of Labor and Industry may pursue such remedies or employees may initiate a private right of action.
Update your workplace policies to address rest and meal breaks. Update your timekeeping procedures to ensure compliance with the amended law. Train your managers and human resources professionals on the amended law. Confirm, in writing, an employee’s waiver of break time. Remember that state and federal law may require you to provide additional break time to some employees – e.g., pregnant employees.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Minnesota, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
[1] Breaks under 20 minutes and any breaks during which an employee is not completely relieved of work duties must be paid.
