Wage And Hour Claim – MN

Filing a Wage and Hour Claim – Minnesota

Does Minnesota have state overtime laws that are different from federal law?

Under Minnesota law, employees are entitled to overtime pay at one and one-half times their normal hourly rate for all hours worked in excess of 48 hours per work week.

Some employees are exempt from Minnesota’s overtime wages. The following is a partial list:

  • executive, administrative or professional employees that meet the salary and duty requirements as defined by state and federal regulations;
  • retail or service employees paid on a commission basis, if the regular rate of pay exceeds one-and-one-half times the minimum wage;
  • an outside salesperson;
  • a salesperson, parts person or mechanic who works for a commercial vehicle dealership on a commission or incentive basis;
  • certain agricultural workers .

Does Minnesota have a minimum wage that is different from federal law?

The current minimum wage in Minnesota is $8.00 an hour for “Large employers” (any enterprise whose annual gross volume of sales made or business done is not less than $500,000), and $6.50 an hour for “Small employers” (annual gross volume of sales made or business done is less than $500,000). An employer may pay $4.90 an hour (training wage) to new employees who are younger than age 20 during their first 90 consecutive days of employment. Permanent or current employees may not be displaced by new employees covered by the training wage.

Some employees are exempt from Minnesota’s minimum wage. The following is a partial list:

  • Babysitters
  • taxicab drivers
  • volunteers of nonprofit organizations
  • elected government officials
  • people providing police or fire protection and employees subject to the provisions of the U.S. Department of Transportation (drivers, drivers’ helpers, mechanics and loaders).

Does Minnesota have meal and rest break requirements, unlike federal law?

The state law requires employers to provide restroom time and sufficient time to eat a meal. If the break is less than 20 minutes in duration, it 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 employees who work eight or more consecutive hours.

How do I file a wage/hour or labor standards claim in Minnesota?

Minnesota’s Department of Labor and Industry (DLI), Labor Standards Division, handles wage and hour complaints. You can contact Labor Standards at (651) 284-5005 or 1-800-DIAL-DLI and file a complaint. Labor Standards will review your complaint and determine what action needs to be taken.

Information on employees’ rights is located on DLI’s website at http://www.dli.mn.gov/ .

What are my time deadlines?

If you have a wage/hour complaint, do not delay in contacting Labor Standards or an attorney. There are strict time limits in which wage claims must be filed.

How can I or my attorney pursue a claim in court in Minnesota?

Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable, as well as liquidated damages in an additional equal amount of the unpaid wages.

State Labor Agency

Minnesota Department of Labor and Industry
443 Lafayette Road N.
St. Paul, MN 55155-4307
Ph: 1-800-DIAL-DLI
Ph: (651) 284-5005
TTY: (651) 297-4198
Email: [email protected]

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.

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