What You Must Know About Break Laws in Minnesota
Breaks for Rest and Meal in Minnesota
Employees in Minnesota have a general right to at least one 15-minute break every four hours of work. And on top of that, employers are required to give at least a 30-minute meal break every 8-hour shift. These breaks need to be paid time, meaning employees must be compensated at their regular hourly rate or salary for this time.
While there’s no law that requires an employer to provide both a rest and a meal break, most employers choose to offer both. A rest break is generally a 15-minute paid break for each 4-hour work period – though if a workday exceeds 8 hours, then the employee is entitled to a second 15-minute break sometime later in the day . A meal break, meanwhile, is an employee’s right to a paid 30-minute rest period after 8 hours of work. An employee can extend this timeframe if both parties agree.
In Minnesota, the law does not require employees to take these breaks. An agreement between an employer and employee can be made that forfeit the right to either or both breaks. If you’re an employer, however, make sure you do this in writing and document the specifics. Otherwise, if a dispute arises, you may find it is more difficult to protect yourself from liability.
Are Employees Entitled to 15 Minute Breaks?
Whether Minnesota law requires that an employer provide a 15-minute break for each 4 hours worked is not a question with a straightforward answer. Unlike Wisconsin, where breaks are (at present) clearly forbidden, Minnesota law isn’t crystal clear.
Minnesota’s law on short breaks during the workday is found at Minn. Stat. § 177.253, Subd. 7, which states:
It is the employer’s responsibility to provide all employees with restroom breaks.
An employer is responsible for paying employees for time spent on rest breaks if the employee is required to remain on the premises. Employees are required to remain on the premises during breaks if:
- (1) the breaks generally last less than 20 minutes;
- (2) the breaks occur infrequently or irregularly; and
- (3) the employees are provided work tasks or assignments during the breaks.
The plain language of this statute seems to apply even to non-hourly employees, though the Minnesota Department of Labor and Industry’s interpretation is that a common policy of providing two 15-minute breaks per day satisfies subdivision 7, and therefore is arguably sufficient as a matter of law. However, there are multiple ways companies can structure such a policy that may or may not pass legal muster.
Second, if a company designates a "lunch break" of 30 or more consecutive minutes, that may also satisfy the law with respect to hourly employees, so long as the break is non-compensable. There are many exceptions to that rule, however, including for minors. As a general rule, minors (aged 16 or 17) must be given a 30-minute unpaid meal break if they work eight consecutive hours.
Interestingly, when the 15-minute or 30-minute breaks are not paid, they are not counted towards hours worked. In other words, the employee would not receive overtime on these hours. Accordingly, it is completely backwards to treat an unpaid lunch break for a non-hourly employee differently from an unpaid 15-minute break. Both break policies should arguably allow the working time to be extended by the number of minutes the employee is off work, but not the reverse.
Ultimately, whether 15-minute breaks are required as a matter of law is dependent on the specific facts and circumstances of each situation.
Exemptions & Special Cases
There are a few exceptions to the above discussion. First, if the employer is a small business – less than $500,000 in gross annual volume of business – and an "enterprise," such as an office or other establishment with employees engaged in commerce, then the federal break laws kick in. Second, if the job is classified under minnesota.gov and the work required the worker to be on their feet and away from the work area, a 15-minute break is not required by either state or federal law. Third, if the work area is physically separated from the rest of the plant and no other workers need to enter this area in order to complete their work, then a 15-minute break is not required to be given.
Employee & Employer Break Obligations
Employees who believe that their rights to 15 minute breaks are not being followed can take several steps. First, employees can attempt to speak to their employer and ask that break times be allowed. Second, employees can file a complaint with the Minnesota Department of Labor and Industry. Third, employees can initiate litigation, either by filing a claim directly in Minnesota District Court, or by filing a claim with the State Labor Court if all workers at a facility are affected by the alleged break violations and each event of unpaid work constitutes an instance of "the same kind" from which they are not exempt .
Employers, as noted, have the affirmative duty to allow their employees the appropriate number of breaks under Minnesota law, or risk liability. For example, if an employer is found to have willfully violated the 15-minute break law, then the employer may be required to pay double damages to the employee for the denied breaks. Employers are also subject to penalties for failing to maintain the correct compensation records (failure to keep records is a misdemeanor, and a violation of Minnesota Statutes §177.29); refusal to post a notice about the law "in a conspicuous place" (which is also a misdemeanor) and administrative penalties for miscalculations and errors in payment.
Tips for Handling Breaks & Meal Periods
Both employees and employers can benefit from clarity on how to manage and make the most of break times. Employees can use strategies to ensure that their breaks are fully compliant while employers can enact policies that keep everyone on the same page about break expectations and requirements.
For Employees
You are entitled to at least a 15-minute break for every four hours you work. To ensure that you get all of the mandated rest time that you are entitled to, it’s helpful to do the following: If your employer doesn’t offer you breaks or doesn’t allow you to use the full allotted time, it’s important to take action. Ideally, you should raise these issues with your manager or HR division. However, if you fear retaliation or harassment for doing so, you may need to seek help elsewhere. The state of Minnesota has an agency devoted to addressing unpaid wages: the Minnesota Department of Labor and Industry. You can also choose to speak to an attorney specializing in handling employment law disputes.
For Employers
It’s imperative that a business clarifies its policies surrounding breaks for employees. You should hold a staff meeting to discuss Minnesota laws regarding breaks, provide an overview of expectations for break use and explain how employees can obtain proper breaks to remain in compliance. To stay ahead of any potential issues, your business should get the proper permits and signage on display that explains the breaks that are available to your employees and when they are able to take them. You should also have a process in place to confirm that supervisors in every division are knowledgeable about Minnesota break laws and how they work. Finally, keep a detailed log of every complaint you receive about breaks and how you resolved those complaints. This will help if you’re ever forced to defend your practices in court. Breaks for employees can be a frustration if employers do not offer a clear-cut approach to breaks and compliance with the law regarding every employee getting enough time and using that time correctly. At the same time, employers need to be aware that their employees aren’t cutting into work time and failing to perform their duties. Fortunately, as long as both sides keep each other in the loop about how breaks work, compliance with the law and fair treatment can go hand in hand.
Additional Help & Resources
For those interested in learning more about Minnesota’s labor laws, the Minnesota Department of Employment and Economic Development (DEED) provides a broad range of information. Readers may be interested in reviewing the DEED publications "Child Labor Laws Frequently Asked Questions" and its "Youth in the Workplace" guide. They may also find valuable the webpage dedicated to the "Minnesota Wage and Hour Law" . These materials provide information on 15-minute rest breaks, along with information on related topics including days of rest, recordkeeping, hours worked, and many others.
Readers looking for additional legal resources should also find the possibility of engaging a Minnesota employment attorney beneficial. An attorney can help answer questions, advocate for your rights, and be useful in any necessary litigation.