Effective January 1, 2026, Minnesota law provides more beneficial protections for employees related to meal and rest breaks. Under the new law, employers must allow each employee 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. These breaks must be paid.
Regarding meal breaks, the new law requires that employers must allow each employee who is working for six or more consecutive hours a meal break of at least 30 minutes. The break can be unpaid if the employee is relieved of duty.
If an employer does not allow an employee a meal or rest break as required by law, the employer is liable to the employee for the meal or rest break that should have been allowed, at the employee’s regular rate of pay, plus an additional equal amount as liquidated damages.
Whether an employer “allows” employee to take a meal or rest break, includes, but is not limited to whether (1) the employer has meal and rest break policies, (2) those policies have been communicated to employees; and (3) work circumstances make it possible for employees to take meal and rest breaks.
An employee who is allowed meal and rest breaks consistent with the law but chooses not to take them might waive any right to claim their employer violated these laws.
More information and FAQs are posted on the Minnesota Department of Labor and Industry’s website: https://www.dli.mn.gov/breaks.