Summer 2025 Minnesota Employment Law Update:Key Changes to Rest Breaks, Meal Breaks, ESST, and MN Paid Leave.
The 2025 Minnesota legislative session brought a range of important updates to employment laws, focusing on rest and meal breaks, Earned Sick and Safe Time (ESST), and Minnesota Paid Leave. While these changes may not be sweeping, they significantly impact employer responsibilities and workplace policies. HR professionals and employers should take note and prepare to update their practices accordingly.
Rest and Meal Breaks: More Structure, More Liability
Starting January 1, 2026, Minnesota’s rest and meal break laws will have stricter requirements and new penalties.
Rest Breaks
Employers must now provide:
- At least 15-minute rest break for every four consecutive hours worked, or
- Enough time to access the nearest convenient restroom, whichever is longer.
What’s Changing?
Previously, employers were only required to give employees “adequate time” to use the restroom. The new rule sets a clear minimum of 15 minutes, offering more definitive protection for employees.
Meal Breaks
Employers must now allow a 30-minute meal break for employees who work six or more consecutive hours.
What’s Changing?
The old rule required employers to “permit” meal breaks after eight hours, without specifying the length. The new law lowers the threshold to six hours and requires employers to actively allow a 30-minute break.
New Penalties
If an employer violates these break requirements, the employee is entitled to:
- Back pay for the missed break time at their regular rate of pay, plus
- An additional, equal amount in liquidated damages
In other words, employers could face double the liability if they fail to comply.
đź—“ Effective Date: January 1, 2026
Earned Sick and Safe Time (ESST) Updates
Several employer-friendly adjustments to ESST went into effect on July 1, 2025.
Notice for Unforeseeable Leave
Employees must now give advance notice as “reasonably required by the employer” for unforeseeable absenses, replacing the former standard of “as soon as practicable”.
Documentation Timeline
Employers can now request reasonable documentation after two consecutive scheduled workdays of ESST use. The previous rule allowed requests only after three consecutive days.
Shift Replacements
Employers remain prohibited from requiring employees to find a replacement worker, but the law now clarifies that employees can voluntarily trade shifts if they choose.
ESST Advancement
đź—“Effective January 1, 2026:
Employers may advance ESST hours based on anticipated hours the employee will work for the remainder of the accrual year. If the advanced amount is less than what the employee would earned based on actual hours, employers must make up the difference.
MN Paid Leave: Premium Adjustments
The legislature made made a technical update to the maximum premium cap for Minnesota Paid Leave:
- 2026 premium rate: Remains at 0.88% of employee wages.
- Future cap: The annual premium cap may now be adjusted up to 1.2% (increased from the original 1.1%).
The Minnesota Department of Employment and Economic Development (DEED) can adjust future premiums based on the program’s financial performance and actuarial principles.
Key Takeaways for Employers
- Review and update rest and meal break policies by January 1, 2026.
- Update ESST policies now to reflect the July 1, 2025 changes.
- Stay informed on future premium adjustments under MN Paid Leave.
Although these changes may seem incremental, noncompliance-especially regarding rest and meal breaks-could lead to significant penalties.
Stay Ahead of Compliance
WFJ is here to help you review your policies, update your handbooks and ensure you’re fully prepared for these changes. Reach out to our team for support in navigating Minnesota’s evolving employment laws.