SF4594 (Legislative Session 94 (2025-2026))

Employee's ability to waive a meal break clarification

AI Generated Summary

Purpose

  • The bill clarifies that employees may voluntarily waive a mandatory meal break, and it ensures the employee is paid for any time worked during a waived meal break.

Main Provisions

  • Adds a new subdivision (Subd. 5) to Minnesota Statutes 2024 section 177.254, titled “Meal break waiver.”
    • a. Notwithstanding subdivision 3, an employee may voluntarily waive a mandatory meal break required under this section. If a break is waived, the employer must pay the employee for time worked during that meal break.
    • b. A meal break waiver request must be made to the employer electronically or in writing, and the employee may revoke the waiver for any shift with reasonable notice provided to the employer.
    • c. An employer must not require an employee to waive a meal break required under this section.

Changes to Existing Law

  • Creates Subdivision 5 in the statute, allowing voluntary waiver of meal breaks, specifying how waivers are requested and revoked, and requiring payment for time worked during waived breaks. It also prohibits employers from forcing employees to waive meal breaks.

Practical Effects

  • Employees gain the explicit option to waive a meal break on any shift, while still receiving pay for the time worked during the waived period.
  • Waivers must be requested in writing or electronically, and employees can revoke them on a shift with reasonable notice.
  • Employers cannot compel employees to waive meal breaks, preserving employee autonomy over break decisions.
  • The measure adjusts how meal breaks are handled on shifts, potentially affecting scheduling and payroll considerations for employers and workers alike.

Relevant Terms meal break, waiver, time worked, electronic, written, revocation, reasonable notice, subdivision 3, Minnesota Statutes 2024 section 177.254, mandatory meal break, employee, employer, Subd. 5

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 18, 2026SenateActionIntroduction and first reading
March 18, 2026SenateActionReferred toLabor

Citations

 
[
  {
    "analysis": {
      "added": [
        "Adds Subd.5 (Meal break waiver) to Minn. Stat. 177.254 establishing that an employee may voluntarily waive a mandatory meal break.",
        "Requires an employer to pay an employee for time worked during a meal break that is waived.",
        "Specifies that waiver requests must be made to the employer electronically or in writing.",
        "Allows the employee to revoke the waiver for any shift with reasonable notice to the employer.",
        "Prohibits an employer from requiring an employee to waive a meal break."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 177.254 by adding a new subdivision (Subd.5) to authorize an employee to voluntarily waive a mandatory meal break, with conditions for the waiver and payment, and protections against coercion by the employer. It references existing Subd.3 in the waiver context.",
      "modified": [
        "Clarifies and expands meal break provisions by adding Subd.5 to Minn. Stat. 177.254, while noting Subd.3 remains applicable via 'Notwithstanding subdivision 3'."
      ]
    },
    "citation": "177.254",
    "subdivision": "Subd.3"
  }
]

Progress through the legislative process

17%
In Committee
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