Does my Minnesota employer have to give us a half-hour lunch?

Minnesota law entitles employees to "sufficient" time to eat lunch.

By , J.D.
Need Professional Help? Talk to an Employment Rights Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Question

I work in Minnesota, and my employer gives us only 15 minutes to eat lunch. This is hardly enough time if I bring my lunch from home and don't have to use the restroom; there's no way I could go out for lunch or even go buy lunch and eat it during such a short break. Is this legal?

Answer

An employer's obligation to give employees meal breaks and other breaks during the work day depends on state law. A number of states don't require employers to offer any breaks at all. Minnesota law does obligate employers to provide a meal break, but it doesn't specify how long the break has to last.

Your question raises two issues: whether your break is long enough and whether you should be paid for that time.

Employer Must Provide Sufficient Time for Lunch Break in Minnesota

Under Minnesota law, an employer must provide "sufficient" unpaid time for a meal break to employees who work at least eight consecutive hours. Although the law doesn't say exactly how long a meal break must last, Minnesota regulations state that a 30-minute break will usually qualify as a true meal break. The regulations also specify that a meal break may be sufficient even if an employee may not leave the work site, as long as the employee is relieved of all work duties while on break.

Your meal breaks are only half as long as this regulatory standard, so it isn't clear whether you are in fact receiving the "sufficient" break time to which you are legally entitled. If there are special facts and circumstances that make it impossible for your employer to offer more time, such a short break may be justified. Generally, however, it sounds like you are not getting enough time for lunch.

The issue of pay is clearer. If an employer gives employees less than 20 minutes off for a meal, it must pay for that time. Because your employer gives you only 15 minutes for lunch, you are entitled to be paid for that time just as if you were working.

Minnesota also requires employers to give employees "adequate" time to use the rest room within every four consecutive hours of work. This time must be paid. Like the meal period, however, there is no time requirement for these breaks.

For more information on breaks, see Meal and Rest Breaks: Your Rights as an Employee. For information on wage laws in Minnesota, see our Minnesota Wage and Hour Law page.

Get Professional Help
Talk to an Employment Rights attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you