Minnesota law does require rest breaks and meal breaks for employees covered under the Minnesota Fair Labor Standards Act. Minnesota employees who work at least four consecutive hours are entitled to rest breaks. The rest break must provide adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. M.S.A. § 177.253
Minnesota Statutes § 177.254, titled “Mandatory Meal Break,” states that employers “must permit each employee who is working for eight or more consecutive hours sufficient time to eat a meal.” The meal break required under § 177.254 need not be paid.
Minnesota Rule 5200.0120 states that an employee must be completely relieved from duty for the purpose of eating regular meals. Thirty minutes or more is ordinarily long enough for an actual meal period. A shorter period may be adequate under special conditions. The employee is not completely relieved from duty if required to perform any duties, whether active or inactive, while eating. For example, an office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating. It is not necessary that an employee be permitted to leave the premises, if the employee is otherwise completely freed from duties during the meal period. If the meal period is frequently interrupted by calls to duty, the employee is not relieved of all duties and the meal periods must be considered as hours worked. The burden is on the employer to demonstrate the existence of special conditions that justify a meal break of under thirty minutes.
Employers and employees may establish different meal and rest periods under a collective bargaining agreement. M.S.A. § 177.254
The general informational provided here should be used only as a starting point for addressing your legal issues. This is general information and not a substitute for consultation with an attorney and entering into an attorney client relationship. An employment attorney can answer your specific legal issues and an attorney-client privilege can protect your confidential information. Contact employment attorney John Holden at Holden Law Firm if you have an employment matter to discuss.
John C. Holden Holden Law Firm 5200 Willson Road, Suite 150 Edina, MN 55424 952-836-2640 John@holdenlawfirm.com www.holdenlawfirm.com