Minnesota Department of Labor and Industry (MN-DOLI) recently published guidance on some of the key amendments to Minnesota’s meal and rest break laws which are set to take effect January 1, 2026. The guidance can be found here: https://www.dli.mn.gov/business/employment-practices/work-breaks-rest-periods. In this post, we highlight some of the more notable MN-DOLI interpretations. Although MN-DOLI’s interpretative guidance can be helpful, publications like this do not have the force of law or regulation.
Employees Must Be “Allowed” To Take Meal and Rest Breaks
MN-DOLI’s guidance addresses an important element of the meal and rest break laws. That is, employers must “allow” their employees to take rest and meal breaks. MN-DOLI recognizes that employees may choose not take these breaks. An analysis of whether an employer “allows” their employees to take breaks is fact-intensive and may include, but is not limited to, whether the employer has break policies which are communicated to employees and whether work circumstances make it possible for employees to take breaks. In some circumstances, it may therefore be possible for an employee to voluntarily waive a break. These are nuanced issues and employers should seek counsel before adopting any related policies or practices.
Rest Breaks
By way of quick background, Minnesota’s amended rest break law requires employers to provide its employees with rest breaks that: (a) last at least 15 minutes; (b) occur within each four consecutive hours of work; and (c) provide time to use the nearest restroom or otherwise take a break. Here is what we can learn from MN-DOLI’s new guidance:
- A rest break cannot be provided at the very end of a four consecutive hour shift. The law requires an employee to be able to take the break within this period, not at the end;
- Rest breaks are predicated on four consecutive hours worked. Therefore, if an employee only works 3.5 hours before, for example, an unpaid meal break, a 15-minute break is not required.
- Depending on an employee’s work schedule, there may be circumstances when an employee’s rest and meal breaks can be combined into a longer, single break.
Meal Breaks
Under the updated meal break law, employers must allow employees to take a meal break that: (a) lasts at least 30 minutes; (b) occurs when working six or more consecutive hours; and (c) provides time to eat a meal. MN-DOLI attempted to answer one of the most burning questions surrounding the new meal break requirements, that is, how should the “six or more consecutive hour” requirement be applied. MN-DOLI provided the following hypothetical example to highlight its interpretation:
On Jan. 2, 2026, Employee B works from 6 a.m. to 6 p.m.
Q: How many meal breaks must the employer allow Employee B to take?
A: The employer must allow Employee B to take at least one meal break, as Employee B is working six or more consecutive hours. Minnesota’s updated meal break law does not require more than one meal break if an employee works six or more consecutive hours.
Collective Bargaining Agreements
The agency confirmed that employers and labor unions can “establish break requirements different from those provided under Minnesota law in a collective bargaining agreement.”
Employees Must Be “Allowed” To Take Statutory Breaks
MN-DOLI’s guidance addresses an important feature of the rest and meal break laws. That is, employers must “allow” their employees to take rest and meal breaks. However, MN-DOLI recognizes that employees may choose not take these breaks. An analysis of whether an employer “allows” their employees to take breaks is fact-intensive and may include, but is not limited to, whether the employer has break policies which are communicated to employees and whether work circumstances make it possible for employees to take breaks. In some circumstances, it may therefore be possible for an employee to voluntarily waive a break. These are nuanced issues and employers should seek counsel before adopting any related policies or practices.
Remedies
Finally, MN-DOLI’s guidance provides some clarity on the new penalty provisions associated with the meal and rest break laws (also set to take effect January 1, 2026). According to MN-DOLI, if an employer does not allow employees rest and meal breaks as required by the statutes, they may be liable for the break time that should have been allowed plus an additional equal amount as liquidated damages. Therefore, a penalty which equals double the amount of time that should have been given to the employee.