Countdown to Compliance: Newly Defined Meal and Rest Break Requirements Effective Jan. 1 for Minnesota Employers

Takeaways

• Beginning 1.1.26, all employers in Minnesota must allow qualifying employees the opportunity to take a paid rest break of at least 15 minutes for every four consecutive hours worked.
• Employers also must allow qualifying employees the opportunity to take an unpaid meal break of at least 30 minutes when working at least six consecutive hours.
• Employers should review their handbooks and policies for compliance with the new requirements, train supervisors on meal and rest break practices, and consider implementing additional “add-on” measures both to ensure compliance and to provide employers with additional protections in the event of litigation.

Related link

• Work breaks, rest periods | Minnesota Department of Labor and Industry

Article

The Jan. 1, 2026, effective date for new Minnesota meal and rest break requirements is quickly approaching. Starting on the first day of the year, Minnesota employers must comply with new, defined meal and rest break protections as provided by the amended Minnesota Fair Labor Standards Act (MFLSA). The amendments align Minnesota with a growing number of states that mandate specific work break durations.

Key Changes

Under the revised MFLSA (Minn. Stat. §§ 177.253 and 177.254), for all qualifying employees, employers must:

• Provide one paid rest break of at least 15 minutes or enough time to use the nearest convenient restroom, whichever is longer, within every four consecutive hours worked; and 
   
• Allow one unpaid meal break of at least 30 minutes for employees who work at least six consecutive hours.

The Minnesota Department of Labor and Industry’s informal guidance (including FAQs) clarifies what the Department considers to be “consecutive hours worked,” as well as what the Department considers to be compliant timing and number of breaks.

According to Minnesota Department of Labor and Industry guidance:

Qualifying Employees

Employees are entitled to the MFLSA’s meal and rest break protections unless their job duties exempt them from the Act’s coverage. Employers should note that employees who qualify as exempt under the federal Fair Labor Standards Act may not qualify as exempt under the MFLSA; employers must pay close attention to the MFLSA’s definitions when determining whether they must provide meal and rest breaks for their Minnesota-based employees.

Furthermore, collective bargaining agreements may supersede state meal and rest break requirements. If an employer employs employees who are subject to a collective bargaining agreement that provides for meal and rest breaks, the employer may be relieved of the MFLSA’s obligation to provide meal and rest breaks as directed by the statute.

Enforcement, Penalties

Employers who fail to comply with the MFLSA’s meal and rest break requirements could face significant monetary penalties. Employees denied compliant meal or rest breaks may be entitled to compensation at their regular rate of pay of up to 30 minutes for missed meal breaks and 15 minutes for missed rest breaks, plus an equal amount in liquidated damages.

What Employers Should Do

Employers with Minnesota employees should:

• Review and update workplace policies and employee handbooks.
• Train managers and HR personnel on the new meal and rest break requirements.
• Review timekeeping policies and procedures and consider effective time clock placement.
• Consider “add-on” assurance measures tailored to your company.
• Prepare for potential audits or enforcement actions.

With decades of meal and rest break compliance and litigation experience nationwide, Jackson Lewis attorneys are uniquely positioned to help employers identify practical solutions tailored to their needs and to defend against investigations or private actions for alleged noncompliance.