Table of Contents
- Minnesota’s New Meal and Rest Break Law Takes Effect January 1, 2026: What Employers Need To Do Now
- The Quick Snapshot:
- What is Changing on January 1, 2026?
- Who is Covered?
- Clarifications to Build into Practice
- How Minnesota’s Rules Interact with Federal Law
- Guidance for Employers
- How Doherty Staffing Solutions can help
Minnesota’s New Meal and Rest Break Law Takes Effect January 1, 2026: What Employers Need To Do Now
Minnesota employers will soon have to comply with expanded requirements around employee meal and rest breaks. In June of 2025, Governor Tim Walz signed an amendment to set minimum requirements for meal and rest breaks, as mandated by law. These changes take effect January 1, 2026, and Doherty Staffing Solutions’ employment experts explain what is changing, who is covered, how to prepare, and what risks employers face if they do not comply.
The Quick Snapshot:
- Paid rest breaks: At least 15 minutes, or enough time to use the nearest restroom or otherwise take a break, within each four consecutive hours of work.
- Unpaid meal break: At least 30 minutes when an employee works six or more consecutive hours.
- Pay treatment: Breaks under 20 minutes must be paid time. Meal periods must be unpaid only if the employee is completely relieved of duty.
- Combining meal and rest breaks: Permissible under the law for employees to combine their meal and rest breaks.
- Employee break rights: Employee have the right to waive their meal and rest breaks. But employers are required under the new law to provide meal and rest breaks.
What is Changing on January 1, 2026?
- Rest breaks | Employers must allow each employee a paid rest break of at least 15 minutes, or enough time, whichever is longer to use the nearest restroom, or take a break, within each four consecutive hours of work.
- Meal breaks| Employers must allow each employee who works six or more consecutive hours an unpaid meal break of at least 30 minutes. To be unpaid, the employee must be completely relieved of duty. Breaks of 20 minutes or less count as hours worked. Employers may require employees to stay onsite during their 30-minute meal break.
New remedies for missed meal and rest breaks If a required break is not allowed by the employer to the employee, the employer is liable for the break time that should have been allowed at the employee’s regular rate of pay, plus an additional equal amount as liquidated damages. Collective bargaining agreements A union contract can establish different rest and meal periods than the statutory defaults.
Who is Covered?
Minnesota’s break laws apply to “employees” as defined under the Minnesota Fair Labor Standards Act. The statute defines “employee” and lists exclusions such as certain bona fide executives, administrative, or professional employees, that are deemed as “exempt,” and some DOT‑regulated positions. Employers should assess coverage using the statutory definition, not federal categories alone.
Clarifications to Build into Practice
- The 15-minute rest break must occur within each four consecutive hours of work, not at the very end of that period.
- If it takes longer than 15 minutes to reach, use, and return from the nearest restroom, the employee must be allowed the longer time.
- Sample schedules provided by the Minnesota Department of Labor Industry (DLI) show that an eight-to-nine-hour day with a 30-minute lunch normally requires at least two paid rest breaks distributed across the two four-hour work segments.
- Under the new law, it is permissible for employees to combine their meal and rest break.
- The DLI strongly recommends that employers obtain written confirmation from any employee who chooses to waive a meal or a rest break, as a best practice.
How Minnesota’s Rules Interact with Federal Law
The federal Fair Labor Standards Act does not require employers to provide meal or rest breaks. However, the federal rule and Minnesota’s rule both state that short breaks of 20 minutes or less are compensable time. Minnesota’s updated law now sets a required standard for meal and rest breaks, so state law will drive your compliance updates.
Guidance for Employers
The statute’s “must allow” language focuses on whether employees truly have the ability to take breaks. Written policies are necessary, but they are not sufficient if work conditions or staffing make breaks unrealistic. Train supervisors and align staffing so breaks are available as required by law. Policy and Operations Updates to Complete in Q4 2025:
- Update your handbook, attendance, and meal and rest break policies to reflect the minimum 15-minute paid rest break every four consecutive hours and the 30-minute unpaid meal break for shifts of six or more hours are allowed to employees as required under the law.
- Clarify “completely relieved of duty” criteria for unpaid meal periods.
- Audit schedules and headcount in high-volume areas to ensure operational coverage while employees are away on breaks.
- Update timekeeping and payroll logic so that rest breaks are coded as paid and meal periods are coded as unpaid only when the employee is relieved of all duties for at least 30 minutes. Consult your employment law attorney to determine whether your timekeeping system’s rounding practices comply with applicable laws.
- Establish a process for obtaining written documentation from employees who waive their rights to meal and rest breaks.
- Train supervisors and managers on the requirements of the new law.
- Post and communicate changes to the law and policies.
- Unionized sites should confirm whether a Collective Bargaining Agreement will set different break provisions.
Practical Examples:
- 5‑hour shift, 30‑minute lunch at noon: Employer must allow at least one 30‑minute meal period and at least two paid rest breaks, one in each four‑hour working block, with restroom access or time to rest as needed.
- 6‑hour shift: Employer must allow a 30‑minute meal period and at least one 15‑minute paid rest break within the four‑hour window.
Common Pitfalls to Avoid:
- Providing a 15‑minute break but scheduling it in a way that employees cannot actually take it. The legal requirement is to allow the break during each four consecutive hours of work.
- Auto‑deducting 30 minutes for lunch when employees are not fully relieved of duty. If the meal is interrupted or employees work during it, that time is paid.
- Not obtaining written documentation from an employee who waives a meal or rest break.
- Under‑recording or not retaining records. Poor records can lead to fines and make it harder to defend compliance.
What Happens if You do not Comply?
- Automatic pay remedies: If an employer does not allow required rest or meal breaks, the employer is liable for the break time that should have been allowed at the employee’s regular rate of pay plus an additional equal amount as liquidated damages. This remedy is written directly into both the rest break and meal break statutes.
Frequently Asked Questions Q: Do employees have to take the breaks if they do not want to? A: No. The law now requires employers to offer meals and rest breaks. However, MNDLI strongly recommends employers receive in written an employees request to waive their meal or rest break. Q: Can we combine a paid rest break with the unpaid meal period? A: Yes. It is permissible for employees to combine their meal and rest breaks, as long as they work the minimum hours requirements for meal and rest breaks. Q: Are all rest breaks paid? A: Yes. Meal periods of 30 minutes may be unpaid only if the employee is completely relieved of duty. Any breaks for 20 minutes or less should be paid. Q: Do we owe a second meal break on very long shifts? A: No, only one meal break must be allowed after six or more consecutive hours worked. Q: Does a pregnant employee have a right to additional breaks? A: Yes, state and federal laws require employers to provide pregnant employees with longer or more frequent breaks as request.
How Doherty Staffing Solutions can help
Implementing compliant breaks without disrupting service or production takes staffing creativity and consistent supervisor coaching. Doherty helps employers design break rotations, cross-train coverage, and build scheduling buffers so teams can take breaks on time while operations keep moving. For more information about this new employment law and a consultative discussion, please contact us to set up a time to meet with one of our employment experts!
Key Takeaways
- •Prepare for Minnesota's new break law by January 1, 2026, which mandates a paid 15-minute rest break every four consecutive hours and an unpaid 30-minute meal break for shifts over six hours.
- •Update company policies, employee handbooks, and timekeeping systems to accurately reflect the new paid rest break rules and the 'completely relieved of duty' criteria for unpaid meal periods.
- •Review and adjust staffing and schedules to ensure employees can consistently take their legally mandated breaks, and provide thorough training to all supervisors on these new requirements.
- •Establish a clear process to obtain written documentation from employees who waive their breaks, as failure to comply can lead to significant financial penalties including liquidated damages.