• Break times in Minnesota are not precisely defined.break image by FotoWorx from Fotolia.com
  
  Rest break laws in Minnesota, while defined, are unfortunately very vague. While break periods may be agreed upon between employer and employees, the employer is not legally bound to give a substantial break to employees regardless of shift length. As the law stands, the employer may interpret reasonable break time in any manner it wishes and the employee must abide by that decision.
  
  

Breaks for a Four-Hour Shift

• Employees must be given time to use the restroom every four hours.disables bathroom image by Wolszczak from Fotolia.com
  
  Minnesota statute says that an employee must be given access to use the nearest convenient restroom once in every four hour shift. No meal break is required for this time. The period of time spent using the restroom may not be counted as a deductible break.
  
  There is no federal law which supersedes state law to require any greater break time than this.
  
  

Lunch Break

• Employees must be given a reasonable meal break every eight-hour shift.mediterranean lunch image by Igor Shootov from Fotolia.com
  
  Minnesota labor law says that all employees must be given reasonable time to eat a meal in any shift that is composed of eight consecutive hours or more. However, the statute does not outline what might be seen as a "reasonable" break—the law is open to interpretation and may be implemented however the employer sees fit. If the break lasts for less than 20 minutes, the employer must pay the employee for this time. If the break is longer, the employer may deduct the time from an employee's wages. This is required by the Fair Labor Standards Act (FLSA) which is federal law.
  
  

Bona Fide Breaks

• Employers may not deduct for any meals eaten while working.woman eating sandwich image by forca from Fotolia.com
  
  Breaks which are deducted from pay must qualify as "bona fide breaks" in order to be legal. If an employee is required to perform any work duties during a meal break, then the break does not count as a bona fide break. If, for example, an employee is given a break during a shift but there is no one to cover her absence and the employee has to serve customers during this break time, this is not a legal break. An employer may not deduct for a break in this instance and violations of the law may prosecuted as a misdemeanor offense. Employers in violation of this law may be prosecuted by the Minnesota Department of Labor.
  
  

Agreements Between Employer and Employee

• An employer and employee may come to a different agreement regarding breaks other than that which is required by Minnesota labor law and are not bound by what is described in the statute. So too, an employee may not refuse to take as a break as instructed by an employer to increase the hours of work paid him.