Filing a Wage and Hour Claim – Minnesota

1. 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;
• Outside salespeople;
• A salesperson, parts person or mechanic who works for a commercial vehicle dealership on a commission or incentive basis;
• Certain agricultural workers.

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

The current minimum wage in Minnesota is $11.13, which is higher than the federal minimum wage of $7.25. Tips and gratuities do not affect the minimum wage owed to employees. Employers cannot require employees to share tips with the employer or other employees. 

3. 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. Otherwise, rest breaks are not required.

4. 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 find more information at the DLI website.

5. What are my time deadlines?

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

6. 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.