Effective January 1, 2026, there are a number of substantive statutory changes impacting employee benefits and pay. With just a few months to go, Employers should not overlook the amendments to Minnesota Fair Labor Standards Act (FLSA) mandatory rest and meal breaks which more specifically define minimum break times and provide additional remedies for employer violations, including liquidated damages.

Rest Breaks

Effective January 1, 2026 changes to MFLSA § 177.253 require employers to provide employees “a rest break of at least 15 minutes or enough time to utilize the nearest convenient restroom, whichever is longer, within each 4 consecutive hours of work.” Previously, the statute allowed for “adequate time” to use the nearest convenient restroom. Because 15 minutes is the minimum, if it takes longer than 15 minutes to use the nearest convenient restroom, the employer must allow the additional time needed.  The break must occur within the consecutive 4-hour window, not after the employee has already worked four hours.

Meal breaks

Effective January 1, 2026, changes to MFLSA § 177.254, require employers to allow an unpaid meal break of at least 30 minutes for each employee who is working for six or more consecutive hours. This is a change from previous provisions which required a meal break of “sufficient time to eat” for  eight hours of consecutive work.  Minnesota Administrative Rule 5200.0120 (Rule) provides that a bona fide meal break will not be considered hours worked provided the employee is completely relieved of any duties. In that vein, it is not required that employees be permitted to leave the work premises during a  meal break provided they are otherwise completely relieved of work duties.  If an employee is required to perform any duties, or has a meal break frequently interrupted by calls to duty, the employee is not completely free from all duties, and the meal break must be paid.

There may be circumstances where an employee’s breaks can be combined as long as the employee receives at least a 15 minute break within (not after) each four consecutive hours of work. The Department of Labor and Industry (DLI) guidance provides an example of how this could occur.

Collective Bargaining Agreements

The changes to mandatory break provision contemplate collective bargaining agreements, specifically allowing employers and employees to bargain break provisions that differ from those specified in the statute.

Remedies

In the event of a violation, the employer may be liable for pay for the break time that should have been allowed plus an equal amount in liquidated damages. Remedies can be pursued by the Department of Labor and Industry or by the employee in a private right of action.

While the employer must allow the breaks, employees are not required to use the break. Whether a break was properly allowed by the employer can be nuanced and requires a fact intensive analysis to illustrate the employer’s compliance with the law, such as, the existence of break related policies that have been communicated to the employee and work circumstances that make it possible for employees to take breaks. If you or your organization have questions on how to administer the new rest and meal break requirements, contact Wiley Reber Law for legal advice that works.