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Minnesota overtime and break rules: the 48-hour week
At a glance
- Overtime starts
- State law after 48 hours; after 40 for workers the FLSA covers
- What the state adds
- state OT after 48 h; 15-min rest per 4 h; 30-min meal at 6 h
- Law
- Minn. Stat. 177.25, 177.253, 177.254
When does Minnesota require overtime? Its own law starts at 48 hours in a workweek (Minn. Stat. 177.25), but a stricter federal rule is not excused by it, so workers the FLSA covers still get overtime after 40 (29 U.S.C. 218(a)).
Overtime: Minn. Stat. 177.25, subdivision 1
"No employer may employ an employee for a workweek longer than 48 hours, unless the employee receives compensation for employment in excess of 48 hours in a workweek at a rate of at least 1-1/2 times the regular rate at which the employee is employed."
Which rule applies to you. Minnesota's threshold is higher than the federal 40. Federal law does not let a state lower the standard (29 U.S.C. 218(a)), so a worker covered by the FLSA still gets overtime after 40. The 48-hour rule matters only for work the FLSA does not cover. If you are unsure, start from the 40-hour rule. The statute also lets the state and local governments give time off at 1.5 hours per overtime hour instead of pay.
Rest breaks: Minn. Stat. 177.253
"An employer must allow each employee a rest break of at least 15 minutes or enough time to utilize the nearest convenient restroom, whichever is longer, within each four consecutive hours of work."
If the employer does not allow it, the employer "is liable to the employee for the rest break time that should have been allowed at the employee's regular rate of pay, plus an additional equal amount as liquidated damages" (subdivision 3, added in 2025).
Meal breaks: Minn. Stat. 177.254
"An employer must allow each employee who is working for six or more consecutive hours a meal break of at least 30 minutes."
The employer does not have to pay for the meal break (subdivision 2). The same remedy as for rest breaks applies (subdivision 4). A collective bargaining agreement can set different breaks for both rules.
Not legal, tax or payroll advice. Read on October 27, 2026 on revisor.mn.gov, the Revisor of Statutes' official site. Sections 177.253 and 177.254 were amended in the 2025 first special session (1Sp2025 c 6 art 5).