Wage and Hour Laws in Minnesota | Current Minnesota Labor Laws


Minimum Wage

Minnesota’s current minimum wage is $10.33 for employers whose gross annual sales or business is $500,000 or more. The rate is $8.42 for employers whose gross annual sales or business is less than $500,000.

The minimum wage in Minnesota is increased every year based on the cost of living index. The minimum wage for people under 17 years old is $8.42 per hour. The minimum wage does not have a lower standard for workers who regularly receive tips. Tipped workers in Minnesota must also receive the legal minimum wage.

For more information on Minnesota’s minimum wage laws, visit our Minnesota Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.

Related topic covered on other pages include:


Overtime

Minnesota labor laws require employers to pay employees overtime at a rate of 1½ times their regular rate when they work more than 48 hours in a workweek, unless otherwise exempt. MN Overtime Facts. Federal law requires employers to pay employees overtime at a rate of 1½ times their regular rate when they work more than 40 hours in a workweek, unless otherwise exempt. See FLSA: Overtime for more information regarding federal overtime requirements.


Prevailing Wages

Under certain circumstances, employers in Minnesota may be required to pay residents wage rates established by the federal or state prevailing wage rates and rules. The prevailing wage rates may be different from the state’s standard minimum wage rates.

Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. See the Minnesota Prevailing Wages, Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.


Meals and Breaks

Minnesota labor laws require employer to provide employees restroom time and sufficient time to eat a meal. The meal time requirement applies to employees who work eight (8) or more consecutive hours. If the break is less than twenty (20) minutes in duration, it must be paid. Time to use the nearest restroom must be provided within each four (4) consecutive hours of work. Minn. Statutes 177.253 and 177.254.


Nursing Mother Breaks

Minnesota labor laws required employers to allow employees who are nursing mothers to take reasonable break time to express breast milk unless doing so would unduly disrupt the operations of the employee. Employers are not required to pay employees for nursing mother breaks but must, if possible, allow employees to express breast milk at the same time they have already provided breaks including paid breaks.

Employers must make reasonable efforts to provide employees who are nursing mothers with a private room or other location, in close proximity to the work area, other than a bathroom or toilet stall, with an electrical outlet that shields them from view and is free from intrusion from coworkers and the public. MN Statute 181.393


Vacation Leave

In Minnesota, an employer is not required to provide their employees with vacation benefits, whether unpaid or paid. However, if an employer offers such benefits for their employees, they must comply with the conditions established in the employment contract or vacation leave policy. 

An employer in Minnesota may lawfully create a contract that denies employees payment for accrued vacation hours upon separation from employment or end of the contract. There may also be conditions that may disqualify employees from receiving payment for accrued vacation hours at the end of the contract. 

However, an employer must pay an employee upon separation from the employment if the contract states it. An employer in Minnesota may also cap the amount of vacation time an employee can accrue over a specific time and is also allowed to implement a use-it or lose-it policy.

Information about Minnesota vacation leave laws may now be found on our Minnesota Leave Laws page.


Sick Leave

Minnesota law states that employers do not have to give workers unpaid or paid sick leave benefits. However, if a business provides such benefits, it must adhere to all the terms and conditions established in the employment contract or the company’s sick leave policy. 

Employers in Minnesota who provide sick leave to their employees may limit these to 160 hours a year. Moreover, an employer might be obligated to give their workers unpaid leave according to federal laws and the Family and Medical Leave Act. There is also Minnesota’s Parental Leave Act that must be followed.

Information about Minnesota sick leave laws may now be found on our Minnesota Leave Laws page.


Holiday Leave

Employers in Minnesota are not required to provide their employees with unpaid or paid holiday leave. Moreover, a private employer may require employees to work on holidays. 

The law says a private employer is not required to pay their employees additional compensation, such as 1.5 times the standard salary, for working during holiday hours. However, if working during holiday hours produces more than 40 hours of work per week, the employee is eligible for overtime pay as stated by federal overtime regulations. 

If a business gives employees unpaid or paid holiday leave, they must comply with all terms and conditions established in the employment contract or holiday leave policy. There are also Minnesota state holidays that are observed.

Information about Minnesota holiday leave laws may now be found on our Minnesota Leave Laws page.


Jury Duty Leave

A business must allow employees to take time off for jury duty, as the law requires. However, the business is not obligated to pay wages for the time spent in court. An employer is also not allowed to penalize, coerce, threaten, or discharge an employee for complying with a jury duty summons.

Information about Minnesota jury duty leave laws may now be found on our Minnesota Leave Laws page.


Voting Leave

Minnesota has very strict laws that state that employers must allow all employees to take paid time off as is needed to vote in an election. This is non-negotiable.

Information about Minnesota voting leave laws may now be found on our Minnesota Leave Laws page.


Severance Pay

Minnesota labor laws do 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.


Unemployment

To qualify for unemployment benefits in Minnesota, the base period is looked at, which are the four most recently completed calendar quarters. The employee’s wages must be at least 5.3% of the current statewide average annual average during this base period. Moreover, to qualify for benefits, the employee must be out of work through no fault of their own, actively seeking employment, and able, willing, and ready to work.

Under certain circumstances, Minnesota residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See Minnesota State Unemployment Benefits.


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We hope you find our newsletters help you better navigate employment and labor law issues.