Minimum Wage STATE LAW
Minnesota has its own minimum wage law that generally provides higher wage rates than the federal minimum for many employers. The applicable rate depends on factors such as employer size and is periodically adjusted by the state.
Most employees working in Minnesota are entitled to receive at least the applicable state minimum wage unless a specific exemption applies. Employers covered by both state and federal law must pay whichever minimum wage requirement is more favorable to the employee.
Tipped employees must still receive at least the minimum amount required by law. Employers cannot use tips to avoid their wage obligations where state law requires otherwise.
Overtime Laws 1.5× PAY
Minnesota employees may be protected by both state overtime laws and the federal Fair Labor Standards Act (FLSA). In many workplaces, non-exempt employees earn overtime pay at one and one-half times their regular rate when they work more than forty hours during a workweek.
Your regular rate generally includes more than your hourly wage. Certain bonuses, commissions, incentive pay, shift differentials, and other compensation may need to be included when calculating overtime.
Simply receiving a salary does not automatically make an employee exempt from overtime. Whether overtime is owed depends on both the employee's salary and the duties actually performed.
Meal & Rest Breaks STATE PROTECTIONS
Minnesota law requires employers to provide employees with adequate restroom breaks during each four consecutive hours worked. Employees working long enough shifts must also be given sufficient unpaid time to eat a meal.
Short rest breaks that last about twenty minutes or less are generally considered compensable work time and should be paid. Bona fide meal periods are generally unpaid when employees are completely relieved of their job duties.
If employees are required to continue working, answer phones, monitor equipment, remain at their workstation, or perform job duties during a meal period, that time may still qualify as paid work time.
Filing a Wage Claim DON'T WAIT
Minnesota employees who have been denied minimum wage, overtime, or other earned compensation may have the right to pursue unpaid wages under state law, federal law, or both. Which law applies depends on the facts of each case.
Wage claims often involve unpaid overtime, off-the-clock work, illegal deductions, unpaid commissions, final paycheck disputes, or workers who were improperly classified as exempt or independent contractors.
Wage Theft KNOW YOUR RIGHTS
Wage theft can occur in many forms, including unpaid overtime, requiring employees to work before or after their scheduled shifts without pay, altering time records, failing to pay promised wages, withholding final paychecks, or making unlawful deductions from wages. Minnesota law provides employees with significant protections against these practices.
Employee Misclassification COMMON ISSUE
Some employers improperly classify workers as independent contractors or exempt salaried employees in an effort to avoid paying overtime and employee benefits. Whether a worker is legally exempt depends on the actual job duties performed—not simply the job title or how the employer chooses to classify the position.
Misclassified employees may be entitled to recover unpaid overtime, minimum wages, and other compensation that should have been paid under state or federal law.
Final Paychecks STATE LAW
Minnesota law establishes rules governing when employees must receive their final wages after leaving a job. Depending on the circumstances, employees who do not receive their earned wages on time may have additional legal remedies.
Could You Be Owed Unpaid Wages?
Josephson Dunlap helps Minnesota employees determine whether they may have claims for unpaid overtime, minimum wages, off-the-clock work, or employee misclassification. Consultations are free, and there is no fee unless wages are recovered.