Human Resource Blog

MN Break laws

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My employer says it is state law that we take a 1/2 hour unpaid break if we work 5 hours or more, and 45 mins if we work 7 hours. I just want to know if this is true or not. If not shouldn’t they say this is company policy and not lie and say it it state law?

Actually, Minnesota is one of 19 states that require meal breaks for workers by law. This employer is being a bit more generous with breaks than normal, but that’s far better than being stingy with them.

In 31 states, an employer can require workers to work long shifts without a meal break, even a shift of 16 hours or more. Viewed in that perspective, having a boss who requires you to take breaks is not a bad problem to have.

Under state laws, employees must be given “sufficient unpaid time for employees who work 8 consecutive hours or more” under Minnesota statute 177.253 and 177.254.  

Under both state and federal law, a meal break of less than 20 minutes must be paid. Therefore, many employers require that workers take 30 minutes or more, which can be unpaid.

Minnesota law also requires that employees be given a break during each 4 hour segment of work to use the nearest convenient restroom.

The Minnesota meal and break law excludes certain agricultural workers and some seasonal employees. Employers and employees can make different arrangements under a collective bargaining agreement such as a union contract.