HF4522

Purpose

• Clarify and allow an employee to voluntarily waive a mandatory meal break.
• Ensure an employee is paid for time worked during a meal break that is waived.
• Prohibit employers from forcing an employee to waive a meal break.

Main Provisions

• Addition of Subdivision 5 (Meal break waiver) to Minnesota Statutes 2024 section 177.254.
  • 5(a) Notwithstanding subdivision 3, an employee may voluntarily waive a mandatory meal break required under this section.
  • 5(a) The employer must pay the employee for time worked during a meal break that is waived under this paragraph.
  • 5(b) A meal break waiver request must be made to the employer electronically or in writing and may be revoked by the employee for any shift where reasonable notice is provided to the employer.
  • 5(c) An employer must not require an employee to waive a meal break required under this section.

How the Change Works in Practice

• An employee can choose to skip their meal break (waive) if they want to.
• If the employee waives, the employer must still pay for the time worked during that waived meal break.
• The employee submits the waiver request to the employer electronically or in writing.
• The employee can revoke the waiver for a shift, as long as they provide reasonable notice to the employer.
• Employers are prohibited from forcing employees to waive a meal break.

Significant Changes to Existing Law

• Creates a explicit, separate subdivision (Subd. 5) addressing meal break waivers.
• Establishes a clear process for issuing and revoking a waiver (electronic or written submission; revocation with reasonable notice).
• Adds a specific requirement that time worked during a waived meal break be paid.
• States clearly that employers cannot require employees to waive meal breaks.

Potential Implications

• Increased flexibility for employees who prefer shorter or no meal breaks in certain shifts.
• Clear compensation rule for time worked during waived meal breaks.
• May influence scheduling practices and wage calculations for shifts where waivers are used.

Clarifications and Context

• The waiver is described as voluntary and not mandatory by employers.
• The waiver process is designed to be straightforward (electronic or written) and revocable with reasonable notice.
• “Notwithstanding subdivision 3” indicates this provision overrides conflicting requirements in the cited subdivision when a waiver is in place.

Relevant Terms - meal break - waiver - voluntary waiver - time worked during a meal break - pay for time worked - electronic waiver - written waiver - revocation - reasonable notice - employer may not require waiver