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Beginning January 1, 2026, Minnesota employers must provide non-exempt employees specific meal and rest breaks, subject to limited exceptions; failure to do so may result in damages up to double the amount of wages for the missed break.
Meal and Rest Break Requirements
On January 1, 2026, Minnesota employers must comply with updated break requirements for non-exempt employees, with few exceptions (e.g., agricultural workers, day camp staff, etc.). Under current law, employers must provide only "adequate time" for restroom and meal breaks. Beginning next year, employers must provide:
- One 15-minute paid rest break (or sufficient time to use the restroom, if longer) within every four consecutive hours worked; and
- One 30-minute meal break (paid or unpaid) for any employee working six or more consecutive hours.
All rest breaks must occur within each four-hour block of work. A break provided after the end of the four-hour period does not meet the statutory requirement. Only one meal break needs to be offered per shift, even if an employee works more than six consecutive hours.
Employees may voluntarily waive their meal or rest break, but the Department of Labor and Industry recommends that employers get written confirmation of any employee waiver. Further, employers and employees may agree to different break requirements under a collective bargaining agreement.
Damages for Noncompliance
If an employer fails to provide an employee a required break, it is liable for:
- The wages the employee would have earned during the missed break at his or her regular rate of pay, plus
- An equal amount as liquidated damages.
In effect, employees may recover double the value of the missed break. Employees may bring a private right of action, or the Department of Labor and Industry may pursue remedies on behalf of employees.
Additional Information
The Minnesota Department of Labor and Industry has published FAQs explaining how the agency interprets and intends to enforce the new law. These FAQs are not legally binding but provide helpful guidance.
In light of these upcoming changes, employers should:
- Update handbooks and written policies to reflect the new requirements;
- Review internal scheduling practices to ensure breaks can be taken within required time frames; and
- Update timekeeping and recordkeeping procedures to document compliance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
