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creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Minnesota employers must provide restroom time and sufficient time to eat a meal. The
meal time requirement applies to employees who work 8 or more consecutive hours. If the
break is less than 20 minutes in duration, it must be paid. Time to use the nearest
restroom must be provided within each four consecutive hours of work. Minn. Statutes
177.253 and 177.254.
Vacation
An employer is not required to provide its employees with vacation benefits, either paid or
unpaid. If an employer chooses to provide such benefits, it must comply with the terms of
its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Lee v.
Fresenius Medical Care, Inc., 741 N.W.2d 117 (Minn. S.Ct. 2007).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Lee v. Fresenius Medical Care, Inc., 741 N.W.2d 117
(Minn. S.Ct. 2007).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Lee v. Fresenius Medical Care, Inc., 741
N.W.2d 117 (Minn. S.Ct. 2007).
Neither Minnesota’s Legislature nor its courts have stated whether an employer is required
to pay accrued vacation leave upon separation from employment if the employer’s
established policy or employment contract is silent on the matter.
An employer may cap the amount of vacation leave an employee may accrue over time, so
long as employees have signed contracts or written statements agreeing to the policy. See
Lee v. Fresenius Medical Care, Inc., 741 N.W.2d 117 (Minn. S.Ct. 2007).
An employer would likely be able to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it, so long as the employee has agreed
to the policy in writing. See Lee v. Fresenius Medical Care, Inc., 741 N.W.2d 117 (Minn. S.Ct.
2007).
Severance
Minnesota law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract. MN Separation of Employment Facts.
Holidays
Minnesota law does not require employers to provide employees with either paid or unpaid
holiday leave. In Minnesota, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Minnesota's current minimum wage is $6.15 for employers whose gross annual sales or
business is $625,000 or more. The rate is $5.25 for employers whose gross annual
sales or business is less than $625,000. MN Minimum Wage Facts. Some exceptions
apply to Minnesota's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Minnesota requires employers to pay employees overtime at a rate of 1 1/2 time their
regular rate when they work more than 48 hours in a workweek, unless otherwise exempt.
MN Overtime Facts. See FLSA: Overtime for more information regarding overtime
requirements.
Sick Leave
Minnesota law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must
comply with the terms of its established policy or employment contract. MN Separation of
Employment Facts.
An employer in Minnesota may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws. An employer is
also required to comply with Minnesota's Parental Leave Act.
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TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
Jury Duty
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge, threaten, coerce, or penalize an employee for complying
with a jury summons or serving on a jury.
Minnesota Stat. 593.50