If you caught our earlier blog on Minnesota’s Paid Leave Law, you know change is coming—now, here’s the next wave.

On January 1, 2026, new MFLSA amendments will overhaul mandatory rest and meal break requirements (Minnesota Statutes § 177.253 and § 177.254 and Minnesota Rules 5200.0120). Employers subject to collective bargaining agreements, however, may continue to establish rest and meal breaks different from the requirements under Minnesota law.

As a recap of the amendments, employers must allow each employee a paid “rest break of at least 15 minutes or enough time to utilize the nearest convenient restroom, whichever is longer, within each four consecutive hours of work.” Previously, employers needed to provide “adequate time from work within each four consecutive hours of work to utilize the nearest convenient restroom.” Employers must also allow an unpaid meal break of at least 30 minutes to “each employee who is working for six or more consecutive hours.” Previously, employers needed to provide a 30-minute meal break for every eight hours worked. Additionally, the amendments include the addition of remedies for employees in the amount of the time of the rest or meal break time that “should have been allowed at the employee’s regular rate of pay, plus an additional equal amount as liquidated damages.”

The Minnesota Department of Labor & Industry (“DLI”) recently issued guidance on the amendments prior to the January 1, 2026, implementation including in the form of scenarios “Frequently Asked Questions.” While the published guidance is helpful for interpretation of these changes, it does not have the force of law or regulation. DLI’s guidance can be found here.

In the guidance, DLI clarifies that breaks are not required but must be allowed for employees (which under the Minnesota Fair Labor Standards Act does not include certain agricultural workers; individuals employed in a bona fide executive, administrative, or professional capacity; and certain seasonal day camp staff members). An analysis of whether an employer is in compliance with allowing employees to take breaks may include a review of following components:

• the employer has breaks-related policies;
• these policies have been communicated to employees; and
• work circumstances make it possible for employees to take breaks.

Related to meal breaks, DLI clarifies that employers can require employees to stay on site for a meal break. The guidance also reinforces that given the break is 20 minutes or longer, and assuming the employee is completely relieved of their work duties, the meal break does not need to be paid. DLI, demonstrated through a scenario, also states it is permissible for employers to schedule to combine rest and meal breaks for employees where an employee receives a 15-minute rest break within each four consecutive hours worked as well as a 30-minute meal break when working six or more consecutive hours.

Another important element of the amendments was the inclusion of remedies for employees for an employer’s non-compliance. DLI’s guidance states that the remedies can be pursued by DLI or through a private right of action. There is no further guidance on how DLI will enforce this, but it is a relief for employers that these penalties are not applied automatically. In the guidance, DLI states that it continues to evaluate whether rulemaking will be conducted, but a decision has not been made at this time.

These changes to Minnesota law may be difficult or complex to sort through and apply to your employees. Minnesota employers should review their policies, including their employee handbook, to make sure that they are in compliance prior to January 1, 2026. If you have questions about implementation of these changes or your company policies, please contact our Labor & Employment attorneys at (651) 439-2878.