New Requirements for Minnesota Employers Coming Jan. 1 on Meal and Rest Breaks; Update on Changes to Earned Sick and Safe Time Law

Minnesota employers face significant changes to state employment laws beginning Jan. 1, 2026, relating to meal and rest breaks. With the critical compliance deadline less than 100 days away, employers should take action now to ensure readiness.

Minnesota employers should also be aware of a few important changes in Minnesota’s earned sick and safe time law.

MEAL AND REST BREAKS

In mid-June 2025, Minnesota Gov. Tim Walz approved omnibus legislation (SF 17), which revises the state’s workplace break requirements under Minnesota Statutes Sections 177.253 and 177.254. This marks the first substantive update to these provisions since the 1980s. The changes apply to “employees” under Minnesota law, which does not include certain agricultural workers; individuals employed in a bona fide executive, administrative, or professional capacity; and certain seasonal day camp staff members.

Rest Break Changes

Beginning Jan. 1, 2026, Minnesota law will mandate that employers provide rest breaks of no less than 15 minutes—or sufficient time for restroom access, if that takes longer—during each four-hour work period.

Under existing law, employers need only allow adequate time for restroom use every four hours. The new framework sets a floor of 15 minutes for all rest breaks and requires extensions when restroom access demands it. These rest breaks must be compensated.

Meal Break Changes

Starting Jan. 1, 2026, employers must allow meal breaks of at least 30 minutes to employees whose shifts span six hours or more.

Current law applies only after eight hours of work and does not mandate a specific duration, requiring merely that employers give employees “sufficient time” to eat. The revised standard lowers the shift threshold and establishes a concrete 30-minute minimum. A bona fide meal break continues to mean that the employee must be completely relieved from their work duties. Meal breaks that meet this requirement need not be paid.

Option to Obtain Waivers from Employees

Under Minnesota law, employers must “allow” their employees to take rest and meal breaks. However, employees may choose to not take these breaks. If an employee voluntarily waives their breaks, it is best practice to confirm this in writing with the employee by obtaining a written waiver or other verification. Employers will want to make sure that (a) policies are clear that the employee had the option to take the breaks to which they were entitled; and (b) any employee's decision not to take the breaks is well documented.

What Are the Penalties for Non-Compliance?

The legislation creates a new enforcement mechanism. Employers who fail to provide the mandated breaks face liability for wages the employee should have earned during that time, calculated at the employee’s standard hourly rate, with matching liquidated damages added on top. This penalty structure means violations carry double the cost.

Will Additional Guidance Be Issued?

The Minnesota Department of Labor and Industry (DLI) has not yet decided whether it will establish formal rules related to the new break laws. Monitoring DLI’s website and announcements will be important for staying informed about this.

How Should Employers Prepare for the New Meal and Rest Break Requirements?

Employers should consider the following:

• Revising employee handbooks and break policies to incorporate the new time minimums and frequencies;
• Conducting training sessions for management and supervisors on the new requirements;
• Communicating the new break requirements to employees through meetings, emails, or posted notices;
• Evaluating whether to modify timekeeping systems to capture break attestations or waivers;
• Providing ways for employees to flag problems with breaks such as inadequate time for breaks.

EARNED SICK AND SAFE TIME (ESST)

Minnesota’s earned sick and safe time law has undergone a few targeted amendments, with staggered effective dates.

Changes That Took Effect July 1, 2025

Employee Notice Standards: The law now permits employers to establish reasonable advance notice expectations when employees need unplanned ESST, replacing the previous “as soon as practicable” language with “as reasonably required.” This gives employers greater flexibility in defining notice procedures.

Documentation Trigger: Employers may now request medical or other supporting documentation when ESST spans more than two consecutive work days, rather than the former three-day threshold.

Shift Swaps: New clarifying language confirms that while employers cannot condition ESST usage on finding shift coverage, employees retain the freedom to arrange voluntary shift exchanges with coworkers.

Changes Taking Effect Jan. 1, 2026

Front-Loading Option: Employers will have the option to credit employees with anticipated ESST at the start of an accrual period, based on projected annual hours. If actual hours worked exceed the projection, employers must supplement the initial credit to ensure the employee receives the full earned amount.

How Should Employers Update Their ESST Policies?

Recommended action items include:

• Deciding whether to modify ESST policy to include better notice requirement;
• Deciding whether to update policy so that documentation will be requested at the two-day trigger point;
• Assessing whether front-loading sick time would benefit your administrative processes;
• Ensuring supervisors understand they cannot mandate that an employee cover their missed time, while employees remain free to trade shifts voluntarily.

We Can Help

Maslon’s Labor & Employment attorneys are ready to answer your questions and assist in ensuring your company is prepared to comply with the new rest and meal breaks law, as well as the changes in the ESST law.