5.3. ERMUSR 05-10-2016 Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
Elk River Municipal Utilities Commission Mark Fuchs—Electric Superintendent
John Dietz—Chair
Al Nadeau—Vice Chair
Daryl Thompson—Trustee
MEETING DATE: AGENDA ITEM NUMBER:
May 10, 2016 5.3
SUBJECT:
Lunch and Break Policy for Field Staff
BACKGROUND:
Commission has requested a copy of the lunch and break policy for field staff.
DISCUSSION:
Elk River Municipal Utilities does not have a lunch and break policy. We currently follow the
Minnesota Statutes in regards to lunch and break times.
Staff consulted legal counsel and the current practice meets all the requirements of the law.
Counsel recommended including a section outlining the rules related to lunches and breaks in the
annual employee handbook update. This updated handbook will be brought to the commission
for consideration in fall of 2016.
ATTACHMENTS:
• League of Minnesota Cities Minnesota excerpt regarding Statutes 177.253 and 177.254
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3. Meal breaks and rest periods
MN Dept of Labor& Minnesota state law requires employers to provide restroom time and
Industry:Labor Standards
Work breaks(rest periods). sufficient time to eat a meal.If a break is less than 20 minutes in duration,it
Minn.Stat. 177.253.
must be counted as hours worked.Time to use the nearest restroom must be
provided within each four consecutive hours of work.Meal time applies to
Minn.Stat.§177.254. employees who work eight or more consecutive hours.
Policy language regarding meal breaks and rest periods should address basic
issues such as the following:
• What are the time limits on rest periods and meal breaks?
• Which breaks will be considered work time?
• Are there any groups of employees required to take breaks at specific
times or at specific locations?
• Can breaks be"saved"to enable an employee to alter his or her work
schedule?
• Are nonexempt employees required to take lunch breaks away from their
work stations so as to avoid potential overtime clairns'1
1 177.251
2015 Minnesota Statutes
177.253 MANDATORY WORK BREAKS.
Subdivision 1. Rest breaks. An employer must allow each employee adequate time from work within
each four consecutive hours of work to utilize the nearest convenient restroom.
Subd.2_ Collective bargaining agreement. Nothing in this section prohibits employers and employees
from establishing rest breaks different from those provided in this section pursuant to a collective bargaining
agreement.
History: 1988 c 559 s 1
1 177.253
2015 Minnesota Statutes
177.254 MANDATORY MEAL BREAK
Subdivision 1. Meal break. An employer must permit each employee who is working for eight or more
consecutive hours sufficient time to eat a meal.
Subd.2. Payment not required. Nothing in this section requires the employer to pay the employee
during the meal break_
Subd.3. Collective bargaining agreement. Nothing in this section prohibits employers and employees
from establishing meal periods different from those provided in this section pursuant to a collective bargaining
agreement.
History: 1989 c 167 s 1
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