Minnesota enacted updates to its meal and rest break law, affecting nearly all employers operating in the state. These changes went into effect on January 1, 2026. Employers should ensure policies, timekeeping practices, and handbooks are updated in compliance with the new law.

The following frequently asked questions address common questions from Minnesota employers. For assistance tailoring the new law to your business, please reach out to any members of Winthrop & Weinstine, P.A.’s employment team.

What changed on January 1, 2026?

The new law clarifies that employees must be allowed a paid rest break of at least 15 minutes, or enough time to use the nearest restroom, whichever is longer, within each four consecutive hours worked. In addition, employees must be allowed an unpaid meal break of at least 30 minutes when working six or more consecutive hours.

Recall, the previous law provided adequate time within each four consecutive hours worked to use the restroom and sufficient time when working eight or more consecutive hours to eat a meal.

Who is covered by the new law?

The statute applies broadly to “employees” under the Minnesota Fair Labor Standards Act, unless a specific exception applies. Some exceptions include certain agricultural workers, individuals employees in a bona fide executive, administrative or professional capacity, and certain seasonal day camp staff members.

In what scenarios would a meal break need to be paid?

A meal period may be compensable if the employee is not completely relieved of their duties during the meal break, such as frequently being interrupted for work or performing job-related tasks while eating. If a meal is cut short to respond to work needs, the time should be treated as paid. However, an employer can require the employee to remain at work during the 30-minute meal break. Assuming the employee is completely relieved of their work duties in this instance, this time does not need to be paid.

How should we schedule breaks for an 8-hour shift?

For 8-hour shifts, many employers choose to give employees a meal break around the middle of their shift, usually at the 3 hour mark, then provide a rest break during the second half of the shift when the employee is working four or more consecutive hours. This schedule ensures adequate breaks are provided.

Can the break occur at the end of four hours, or the meal at the end of six hours?

No, rest breaks must be provided within 4 consecutive hours worked, and meal breaks must be provided within 6 consecutive hours worked.

Can employees waive their breaks?

Yes, an employer only has an obligation to allow their employees to take rest and meal breaks. If an employee voluntarily chooses to waive their break, we recommend employers obtain confirmation, in writing, from the employee each time they waive their break.

Can you combine meal and rest breaks?

You can combine meal and rest breaks as long as employees are receiving their 15-minute rest break within each four consecutive hours worked, and a 30-minute meal break when working six or more hours. You must ensure the breaks are scheduled within the consecutive hours worked, not after the hours are worked.

For example, if an employee is working 9 a.m. to 5 p.m., an unpaid meal break could be provided from 12 p.m. – 12:30 p.m., and a paid break could be provided at 4 p.m.

If the meal and rest break is combined into one-hour block, designated as a single meal break that satisfies the rest and meal break requirements, may the entire hour be unpaid?

Yes, as long as employees are completely relieved of their job duties during the one-hour meal break, it need not be paid. For illustrative purposes, using the example above, if an employee is working 9 a.m. to 5 p.m., an unpaid meal break would be provided from 12:30 – 1:30 p.m.

Our team reached out to Minnesota Department of Labor and Industry to confirm the answer to this question.

To comply with the changes now in effect, employers should revise policies to reflect the new timing and duration, train managers on scheduling, and notify employees on their rights under the new laws. Please reach out to any member of our employment team for assistance with compliance.

Employers should also be aware of Minnesota’s new paid family and medical leave program that went into effect on January 1, 2026. For practical guidance on this new law, please see our team’s articles: Minnesota’s New Paid Family and Medical Leave Law and Is Your Business Ready for Minnesota’s New Paid Family and Medical Leave?

January 6, 2026