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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;
  • Outside salespeople;
  • 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 $9.86 an hour for "large employers" (any enterprise whose annual gross volume of sales made or business done is greater than $500,000), and $8.04 an hour for "small employers" (annual gross volume of sales made or business done is less than $500,000). Both of these are higher than the federal minimum wage of $7.25. An employer may pay $8.04 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).
  • Some disabled, or performance-limited, workers

Do any cities or counties in Minnesota have a minimum wage that is different from state or federal law?

Minneapolis, Minnesota has a minimum wage of $11.25 per hour for large employers (who have more than 100 employees), and a minimum wage of $10.25 for small employers (who have 100 or fewer employees), effective July 1, 2018. These rates change to $12.25 for large employers and $11.00 for small employers in July 2019. Minneapolis has planned increases to the minimum wage for July 1 every year through 2022, and then increases will account for inflation. This law does not apply to St. Paul.

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.

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 1-800-342-5354 and file a complaint. Labor Standards will review your complaint and determine what action needs to be taken.

You can find more information at the DLI website.

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. 

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

St. Paul (Main Office)
443 Lafayette Road North
St. Paul, MN 55155
Phone: (651) 284-5005 or 1-800-342-5354
Workers' Compensation Phone: (651) 284-5032
Email: DLI.LaborStandards@state.mn.us

Minnesota OSHA and Workers' Compensation
525 Lake Avenue South, Suite 330
Duluth, Minnesota 55802-2368
OSHA Phone: (218) 733-7830
OSHA Fax: (218) 725-7722
Workers' Compensation Phone: (218) 733-7810
Workers' Compensation Fax: (218) 723-2362

Terry A. Venneberg Weekly Weekly

Topic of the Week

Workplace Bullying


Blog of the Week

Overcoming Inequality in Unemployment Benefit Access and Utilization

Black workers are not only more likely to be unemployed during the pandemic but much less likely to receive UI. Law, policy, and practice may be the problems, but the solution begins with mobilization.

Thought for the Week

"It really is very damaging. It creates a place where you're just always afraid and you can't be yourself. People are angry and confused and they're concerned about their job all day every day—is today the day I'm going to be fired? That's just no way to live"

–Catherine Mattice Zundel | CEO of Civility Partners

List of the Week

from Workplace Bullying Institute

  • 19% of adults said they’d personally been bullied at work, while another 19% said they’d seen it happen to someone else.
  • Being bullied at work can harm both your mental and your physical health—with potential effects including major stress, anxiety, depression, trauma, high blood pressure, gastrointestinal issues, and more.
  • Workplace bullying goes far beyond a minor disruption or small annoyance. Rather, it creates a psychological power imbalance between the person doing the bullying and their target or targets to a point where that person at the receiving end develops [a] feeling of helplessness.

Top Five News Headlines

  1. The New Normal: When work-from-home means the boss is watching
  2. What Counts as Race Discrimination? A Suit Against JPMorgan Is a Test
  3. Most Americans believe LGBTQ people are legally protected from discrimination. They're not.
  4. Reddit announces permanent work from home, eliminates cost-of-living pay compensation
  5. Stuck-At-Home Moms: The Pandemic's Devastating Toll On Women