Salaried Employees: Understanding Your Break Rights In Minnesota

Salaried employees in Minnesota are entitled to breaks, but the specifics depend on their job duties and whether they are categorised as exempt or non-exempt. In general, Minnesota labour laws require employers to provide employees with adequate restroom breaks and meal breaks. However, the duration of these breaks is not strictly defined and may depend on various factors.

Minnesota law requires employers to provide employees with restroom breaks

Minnesota labor laws require employers to provide employees with restroom breaks. According to Minnesota Statutes 177.253 and 177.254, employees must be given "adequate" time to use the nearest restroom within every four consecutive hours of work. While the statutes do not define "adequate," a 15-minute break is considered standard. Any break lasting 20 minutes or less is considered paid time, and employees must be compensated accordingly.

In addition to restroom breaks, employers are also mandated to provide meal breaks for employees working eight or more consecutive hours. However, the Minnesota Fair Labor Standards Act (MFLA) does not specify the duration of these meal breaks, only stating that employees should be given "sufficient time to eat a meal." While there is no strict requirement for the length of these breaks, a duration of 20 minutes is generally considered customary, and breaks shorter than 20 minutes are considered paid breaks.

It is important to note that certain professions are exempt from these break requirements, including taxi drivers, babysitters, seafarers, religious employees, and specific agricultural workers. These exemptions are outlined in Minnesota Statutes 177.123, subdivision 7, and 177.253 and 177.254.

Employees must be given sufficient time to eat a meal during an eight-hour shift

In Minnesota, salaried employees are entitled to breaks, but the specifics depend on the type of break and the nature of their employment.

Meal Breaks

According to the Minnesota Fair Labor Standards Act (MFLA), employees who work eight or more consecutive hours must be given "sufficient time to eat a meal". The statute does not define "sufficient", but a 30-minute meal break is typically considered standard. However, shorter breaks may be deemed adequate under special circumstances. While employers are not required to pay employees for meal breaks, they must provide them if they last less than 20 minutes.

Restroom Breaks

Minnesota law also mandates that employees be given an "adequate" period to use the restroom for every four hours worked. Breaks of 20 minutes or less must be paid. Although there is no set time for these breaks, 15 minutes is generally considered the norm.

Exempt Employees

It is important to note that certain employees are exempt from Minnesota's meal and restroom break laws, including taxi drivers, babysitters, seafarers, religious employees, and some agricultural workers. Additionally, employees in administrative, sales, executive, or outside sales roles are also exempt.

Employers are not required to pay employees for meal breaks

In Minnesota, salaried employees are entitled to breaks. However, employers are not required to pay employees for meal breaks. The Minnesota Fair Labor Standards Act (MFLA) requires that employees working eight or more hours be given "sufficient time to eat a meal". While the statute does not define "sufficient", administrative rules state that 30 minutes is typically considered an adequate length for a meal break. Nevertheless, a shorter duration may be deemed sufficient under special circumstances.

It is important to note that employers are not mandated to compensate employees for their meal break time, regardless of the break's length. Additionally, employers may legally require employees to remain on the premises during their meal breaks. A bona fide meal break occurs when an employee is completely relieved from their duties. If an employee is not entirely relieved of their responsibilities during the meal break, they must be paid for that time.

In summary, while Minnesota law mandates that employers provide meal breaks for employees working eight or more consecutive hours, these breaks do not need to be paid. The duration of the meal break is generally recommended to be at least 30 minutes, but special circumstances may allow for a shorter break. Employers have the discretion to require employees to remain onsite during their unpaid meal breaks.

Employees must have access to a restroom break every four hours

Minnesota law requires employers to provide employees with restroom breaks. Specifically, employees must have access to a restroom break every four hours of work. This is outlined in the Minnesota Fair Labor Standards Act, which states that employees should be given "sufficient time" to eat a meal during shifts of eight or more hours. While the statute does not define "sufficient," administrative rules state that 30 minutes is typically considered long enough, although shorter breaks may be allowed under "special conditions."

The Minnesota Fair Labor Standards Act ensures that employees in the state are provided with necessary breaks to maintain their well-being. This is particularly important for individuals with medical conditions or disabilities, who may require more frequent restroom use. For example, the Americans with Disabilities Act (ADA) mandates that employers provide "reasonable accommodations" for employees with disabilities, which may include frequent restroom breaks. Similarly, Minnesota's pregnancy accommodation law includes "frequent restroom breaks" as a mandatory accommodation for pregnant employees, unless it causes an "undue hardship" on the employer's operations.

It is important to note that there are exceptions to the break laws in Minnesota. Certain professions, such as taxi drivers, babysitters, seafarers, religious employees, and specific agricultural workers, are exempt from these break requirements due to the nature of their work. Additionally, employers are not required to provide meal breaks and may allow employees to eat at their workstations. However, if a meal break is provided, it must be at least 20 minutes long to be considered unpaid; shorter breaks are considered paid breaks.

Overall, Minnesota's break laws aim to balance the needs of employees for regular restroom breaks with the practical considerations of various industries and workplaces. As such, employees in Minnesota are generally guaranteed access to a restroom break every four hours, with the understanding that certain situations may warrant flexibility in this provision.

Minnesota offers two types of leave: required and non-required

Required Leave

Minnesota labour laws require employers to provide certain types of leave to their employees. These include:

• Military Leave: Employees are allowed up to 14 weeks of absence to care for an injured family member on active duty, and employers must also grant reasonable leave for family members serving on active duty.
• Jury Duty Leave: Employees are granted leave to fulfil their jury duty without punishment.
• Witness Leave: Employees are allowed time off to attend court proceedings or law enforcement questioning.
• Voting Leave: Employees are granted paid time off on election day.
• Bone Marrow and Organ Donation Leave: Companies with 20 or more employees must offer at least 40 hours of leave for donation, with extensions if needed.
• School Activity and Conference Leave: Employees are allowed up to 16 unpaid hours per year to attend child-related events.
• Nursing Mother Breaks: Employers must allow reasonable break time for nursing mothers to express breast milk, unless it disrupts operations. While these breaks are unpaid, employers must provide a private space for this purpose.
• Sick and Safe Leave: As of January 1, 2024, employers must provide paid sick and safe leave to eligible employees working at least 80 hours a year. This leave can be used for personal or family illness, domestic abuse or stalking situations, workplace or school closures, and when an employee may risk infecting others with a communicable disease.
• Pregnancy and Parental Leave: Employers must provide up to 12 weeks of unpaid leave for the birth or adoption of a child. This applies regardless of the number of employees and must be taken concurrently with federal FMLA leave, if applicable.

Non-Required Leave

In addition to the required leave types, Minnesota employers may also offer non-required leave at their discretion. These include:

• Vacation Leave: Employers are not required to provide vacation benefits, but if they choose to do so, they must comply with the conditions established in the employment contract or vacation leave policy.
• Holiday Leave: Employers are not mandated to provide paid or unpaid holiday leave and can require employees to work on holidays without additional compensation. However, if working on a holiday results in more than 40 hours per week, the employee becomes eligible for overtime pay.

Leave Accrual During Military Service

Employees on military leave continue to accrue vacation and sick leave as if they were still working. Upon their return, they can request to use this accrued vacation time according to their labour agreement or compensation plan. Eligible employees may elect to use accrued vacation time or compensatory time during their military service.

Minnesota's Paid Leave Program

Starting January 1, 2026, Minnesota's Paid Leave program will provide financial support and job protection for individuals needing time off to care for themselves or their loved ones. The program covers nearly all employees, including private sector, state, and local government workers, as well as full-time and part-time employees.

The program offers two main types of leave: medical and family leave, with individuals eligible for up to 12 weeks for each type, totalling a maximum of 20 weeks in a benefit year. A health care provider or authorized professional must certify the need for leave and the duration.

Frequently asked questions