By Joyce Hottinger

As of Jan. 1, 2026, Minnesota clarified its rest and meal break requirements for employers. The previous “adequate time” standard has been replaced with specific rules governing timing, duration, and pay.

Who is covered?

Nonexempt employees covered under the Minnesota Fair Labor Standards Act (FLSA) must receive required rest and meal breaks. Common city exemptions under Minnesota Statutes, section 177.23, subdivision 7, include:

• Elected officials.
• Police officers and firefighters.
• Exempt employees under the Minnesota FLSA framework, such as executive, administrative, and professional employees.

Because classification matters, cities should periodically review whether positions are properly categorized as exempt or nonexempt. Misclassification can create wage-and-hour liability beyond break compliance. For more information on exempt versus nonexempt classifications, see the LMC information memo at lmc.org/flsaexemptions.

Collective bargaining agreements may establish different break schedules. When a valid agreement addresses rest or meal periods, its provisions take precedence.

Minnesota Statutes, section 181.939 provides additional protections for pregnant and nursing employees. Pregnant employees must receive more frequent or longer restroom, food, and water breaks. Nursing employees are entitled to reasonable break time to express milk, which may run at the same time as other provided breaks.

Paid rest breaks

(Minnesota Statute, section 177.253 and Minnesota Administrative Rules 5200.0120)

Under the 2026 law, employees must receive a rest break of at least 15 minutes within each four consecutive hours worked. If it takes longer than 15 minutes to access the nearest convenient restroom, the city must allow additional time as needed. This change provides clarity. The prior law required only “adequate time,” which left room for interpretation. The new standard sets a clear minimum.

Importantly, breaks lasting less than 20 minutes must be paid and counted as hours worked. This means, in most cases, rest breaks cannot be unpaid. Cities should review payroll and timekeeping practices to ensure paid break time is properly recorded and included in compensation calculations.

Beyond legal compliance, regular short breaks can support workplace performance. Research from the National Institutes of Health shows periodic breaks may improve focus, learning, and retention. For training-heavy roles or positions that require sustained concentration, structured break times can benefit both employees’ well-being and operations.

Meal breaks

(Minnesota Statutes, section 177.254 and Minnesota Administrative Rules 5200.0120)

Cities must provide a 30-minute meal break when an employee works six or more consecutive hours. The meal period does not include rest periods such as coffee breaks or snack time.

The 2026 amendment lowered the threshold from eight hours to six and established a specific 30-minute duration. Previously, the law required only “sufficient time.” Only one meal break is required for employees who work more than six consecutive hours.

A meal break may be unpaid only if the employee is fully relieved of duty. If the employee performs any work, such as answering calls, monitoring equipment, or responding to emails, the time must be compensated. Cities may need to provide relief coverage, rotate assignments, or stagger mealtimes to maintain public service while allowing uninterrupted breaks.

Voluntary waivers and compliance considerations

Cities often ask whether employees may voluntarily waive rest or meal breaks. Under Minnesota law, employers must allow employees to take required breaks, but employees may choose not to take them.

When the Minnesota Department of Labor and Industry reviews whether a city properly allowed a break, the analysis is fact specific. It considers whether the city:

• Maintains clear, written break policies.
• Communicates policies effectively to employees and trains supervisors.
• Structures workloads so employees can realistically take breaks.
• Documents voluntary waivers in writing or electronically.

If an employee chooses to skip a break, it’s best practice to confirm that decision in writing. Documentation helps show that the city provided the opportunity and did not discourage or prevent the break.

Noncompliance can be costly. Employers who fail to provide required breaks may owe:

• Wages for the missed break at the employee’s regular rate of pay.
• An equal amount in liquidated damages.

In practice, missed breaks can increase the city’s financial liability, potentially even doubling what it might otherwise owe.

By reviewing policies, confirming proper classifications, training supervisors, and maintaining clear documentation, cities can support compliance while also promoting employee well-being.

Joyce Hottinger is assistant human resources director with the League of Minnesota Cities. Contact: [email protected] or (651) 281-1216.