August 15, 2025

New Minnesota Break Requirements Take Effect January 1, 2026

On January 1, 2026, Minnesota employers must begin following expanded break requirements for all employees. Current law only requires employers to provide “sufficient time to eat a meal” every eight hours and “adequate time from work” to use the nearest restroom every four hours. The new rules require employers to provide a 30-minute meal break for employees who work more than six consecutive hours and a 15-minute paid work break for every four consecutive hours worked. Employers who fail to provide these breaks must pay employees for the missed break time and an equal amount as liquidated damages.

The amendments allow employers to treat the 30-minute meal break as unpaid if the break is uninterrupted and the employee is completely relieved from work duties. Employers must treat the 15-minute work break as paid time at the employee’s regular rate of pay. Only employees covered by a collective bargaining agreement with different break periods are excluded from these requirements.

Meal Breaks (Unpaid Time) – Allowing vs. Requiring

The law requires employers to offer a 30-minute meal break to employees who work six or more consecutive hours. The law does not require employees to take the break. Employees may choose to work through their meal period. Employers must give employees the opportunity to take the break and must not discourage or prevent them from doing so.

Employers should document each instance when an employee voluntarily waives a meal break. Employers can use a waiver form, a note in the timekeeping system, or another record that shows the employee chose not to take the break. This documentation protects the employer if a dispute arises or if the Minnesota Department of Labor and Industry (MNDOLI) investigates.

Rest Breaks (Paid Time)

The statute requires employers to give employees a rest break of at least 15 minutes—or enough time to use the nearest convenient restroom, whichever is longer—within each four consecutive hours of work. Employers must pay employees for these rest breaks at their regular rate of pay. The statute does not state whether an unpaid meal break resets the four-hour consecutive work period, leaving employers uncertain about how many rest breaks employees should receive during a shift. Until MNDOLI issues guidance, employers should adopt a consistent policy and adjust it when the agency clarifies the rule.

Liquidated Damages

If an employer fails to provide a required break, the employer must pay the employee for the break time that should have been allowed and pay an equal amount as liquidated damages. This provision effectively doubles the pay for that period. The law does not explain whether employers must pay damages immediately, whether the damages count as wages under Minnesota’s payday law, or how employers should report them on pay statements.

Next Steps

Minnesota dealers should review and update their handbooks, scheduling practices, and timekeeping systems well before January 1, 2026. Dealers should also implement a simple meal break waiver process so employees can formally record their decision to skip a break. These steps will help dealers comply with the law and avoid costly disputes when the new rules take effect.

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