New Meal and Rest Break Requirements for Minnesota Employees
- Steven Cerny
- Sep 2
- 3 min read
Updated: Sep 9
Employers are generally required to give their Minnesota employees meal and rest breaks when employees work a certain number of hours in a shift. Minnesota recently enacted a new law that revises breaktime requirements for Minnesota employees effective January 1, 2026.
Current Meal and Rest Break Requirements
Employers are currently required to give employees one rest break for every four hours of consecutive work, and one meal break for eight or more hours of consecutive work. Rest breaks must provide an employee with reasonable time to use the nearest restroom, and meal breaks must provide an employee with sufficient time to eat a meal.
Fifteen minutes is generally considered a reasonable amount of time for a rest break. Thirty minutes is generally considered a sufficient amount of time for a meal break, though a shorter period may be adequate under special conditions. Employers can set the hours an employee works and can determine when rest and meal breaks can be taken.
If a break is less than twenty minutes in duration, employers are required to count that time as hours worked. For a break to be unpaid, the employee must be completely relieved of duties for at least twenty minutes.
New Meal and Rest Break Requirements
Starting January 1, 2026, employees who work for six or more consecutive hours are entitled to a meal break of at least thirty minutes. The new law reduces the current number of hours an employee must work to be entitled to a meal break from eight hours to six hours, and establishes that an employee is entitled to at least thirty minutes for each meal break.
Also starting January 1, 2026, employees are entitled to "a rest break of at least 15 minutes or enough time to utilize the nearest convenient restroom, whichever is longer," within each four consecutive hours of work. The new law establishes that employees are entitled to a minimum of fifteen minutes for each rest break, and potentially a longer period of time if it takes longer than fifteen minutes to use the nearest convenient restroom.
The revisions to Minnesota's current meal and rest break requirements also include new remedies sections that state that "[i]f an employer does not allow an employee [rest or] meal breaks as required by this section and related rules, the employer is liable to the employee for the [rest or] meal break time that should have been allowed at the employee's regular rate of pay, plus an additional equal amount as liquidated damages."
Although the new law references "related rules," the Minnesota Department of Labor and Industry has not yet issued any related rules, though it is likely that further guidance will be issued before the law goes into effect on January 1.
Steps Employers Can Take to Comply with the New Law
Prior to the new law going into effect, employers with employees in Minnesota should: familiarize themselves with the new meal and rest break requirements and any related rules that are issued by the Minnesota Department of Labor and Industry; update their meal and rest break policies and practices to comply with the new law and related rules; and inform their employees of the new meal and rest break time periods that correspond with their scheduled working hours or shifts. Employees should be notified of when they can or should be taking their meal and rest breaks.
Get Help From a Business and Employment Attorney in Minnesota
If you would like assistance with the new meal and rest break requirements, contact Minnesota business and employment attorney Steve Cerny. Steve has over fifteen years of experience advising employers on compliance with local, state, and federal employment laws, drafting employee handbooks and policies for employers, and helping employers implement best practices and procedures.
