Breaks and meal periods - Minnesota

Breaks

Federal law does not require that employers provide rest periods or coffee/snack breaks.  However, when employers do offer short breaks, usually lasting between five to 20 minutes, the breaks must be considered work time and employees are paid for the time.

Minnesota states that rest periods of less than 20 minutes may not be deducted from an employee's total hours worked.

Employers must allow each employee adequate time from work within each four consecutive hours of work to utilize the nearest convenient restroom.

Effective January 1, 2026:

Employers must give employees a rest break of at least 15 minutes or enough time to utilize the nearest convenient restroom, whichever is longer, during every four hours of consecutive work.

The rest break must be allowed during the four-hour period, not at or after four hours.

Employee hours worked don't include the unpaid meal break, so long as the break is 20 minutes or more, and employees are completely relieved of all work duties. For example:

• Employees working from 8 a.m. to 5 p.m. with a lunch break from 12-12:30 would be entitled to two rest breaks.
• Employees working from 8 a.m. to 4 p.m. with a meal break from 11:30 a.m. to noon would not be entitled to a rest break before lunch but would be entitled to one after.

Employers must give employees who are working for six or more consecutive hours a meal break of at least 30 minutes.

This applies to only one meal break per day, regardless of whether employees work six hours or 12 hours (or more).

If the meal break is more than 20 minutes and unpaid, it is not counted as hours worked.

Employers may still require the employee to remain on site during this unpaid thirty-minute meal break.

Employers may combine a one-hour unpaid meal break with the 30-minute meal break and two 15-minute rest breaks when employees work from 8 am to 4:30 pm.

Whether employers “allow” their employees to take a break is based on the facts, which can include whether:

• Employers have break-related policies,
• The policies have been communicated to employees, and
• Work circumstances actually allow employees to take breaks.

Employees may voluntarily waive their breaks, but it's best to confirm this in writing with the employees.

Nursing mothers

Employers with one or more employees must provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The break time must, if possible, run concurrently with any break time already provided to the employee.

Employers are not required to provide break time if doing so would unduly disrupt the operations of the employer.

Employers may not reduce an employee's compensation for time used to express breast milk.

Employers must make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where the employee can express her milk in privacy. The location must be clean, private, and secure. The space must also include an electrical outlet.

Employers may not retaliate against individuals who assert these rights. Employees can bring a civil action against the employer for violations.

Meal periods

Federal law does not require that employers provide meal periods. Bona fide meal periods, which typically last between 30 and 60 minutes, serve a different purpose than a break. During meal periods, the employee must be completely relieved from duty.  Bona fide meal periods are not considered work time and are not compensable. If an employee is not totally relieved of job duties during the time he or she is eating a meal, then the employee must be paid for that time.

Minnesota states that meal times of less than 20 minutes may not be deducted from hours worked. In addition, meal periods must be paid if the employee is not completely free from work duties.

Employers must permit each employee who is working for eight or more consecutive hours sufficient time to eat a meal. The employee does not have to be paid for meal breaks if the break meets the above conditions.

Effective January 1, 2026, employers must allow employees working for six or more consecutive hours a meal break of at least 30 minutes.