MN-DOLI publishes guidance on meal and rest break laws effective January 1

The Minnesota Department of Labor and Industry (MN-DOLI) recently published guidance on some of the key amendments to Minnesota’s meal and rest break laws that are set to take effect January 1, 2026. In this article, we highlight some of the more notable MN-DOLI interpretations. Although the agency’s interpretative guidance can be helpful, publications like this do not have the force of law or regulation.

Employees must be 'allowed' to take meal and rest breaks

MN-DOLI’s guidance addresses an important element of the meal and rest break laws—you must “allow” your employees to take rest and meal breaks.

The agency recognizes that employees may choose not to take these breaks. An analysis of whether an employer “allows” their employees to take breaks is fact-intensive and may include, but is not limited to, whether the employer has break policies that are communicated to employees and whether work circumstances make it possible for employees to take breaks. In some circumstances, it may therefore be possible for an employee to voluntarily waive a break. These are nuanced issues, and you should seek counsel before adopting any related policies or practices.

Rest breaks

By way of quick background, Minnesota’s amended rest break law requires you to provide employees with rest breaks that: (a) last at least 15 minutes; (b) occur within each four consecutive hours of work; and (c) provide time to use the nearest restroom or otherwise take a break. Here’s what we can learn from MN-DOLI’s new guidance: