Minnesota: New Changes to Meal and Break Requirements

By Martin D. Kappenman and Francis P. Rojas - Peters & Kappenman, P.A.

July 8, 2025

Currently, under Minnesota Statutes Section 177.253, employers must provide an employee “adequate time from work” within each four (4) consecutive hours of work to use the nearest convenient restroom. Additionally, under Minnesota Statutes Section 177.254, an employer must permit each employee who is working for eight (8) consecutive hours or more “sufficient time to eat a meal.”
 
On June 14, 2025, Minnesota Governor Walz signed the omnibus bill, S.F. No. 17, which included changes to both statutes.  The changes to the statutes are as follows:

•    Effective January 1, 2026, employers must allow each employee a paid break of “at least 15 minutes or enough time to use the nearest convenient restroom, whichever is longer.” 
•    Effective January 1, 2026, employers must allow an employee working at least six (6) consecutive hours an unpaid meal break of “at least 30 minutes.”

Pursuant to Minnesota Rule 5200.0120, the employee must be completely relieved from duty for the purpose of eating regular meals. If the employee is not relieved of all duties and the meal period is interrupted frequently with calls for duty, the meal period must be paid as hours worked.
 
The Minnesota statute does not state when the lunch break must occur. The work rules and policies can delineate the employer’s expectations for employees.
 
The legislature also added penalties against employers who do not permit these breaks.  The employer is liable to the employee for the break time “that should have been allowed at the employee’s regular rate of pay, plus an additional equal amount as liquidated damages.” In other words, the employer must pay double the regular rate for the break that was not allowed.
 
The omnibus bill also made changes to paid family medical leave. See our latest Employer Advisor discussing the updates here. Employers should expect to update their employee handbooks for 2026. We expect guidance from the State of Minnesota regarding these changes. We will provide updates on the process as the guidance is announced.  Please stay tuned for more updates through this Summer and into the Fall.

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