SF4594

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