Practice Areas
Minnesota Wage and Hour Lawyer
Unpaid Wages, Overtime and Wage Theft in Minnesota
Employees are entitled to receive the wages they have legally earned.
Wage disputes can involve unpaid overtime, unpaid hours, commissions, deductions, off-the-clock work, misclassification, final pay, or an employer’s failure to pay compensation promised to the employee.
Paul Lelii Law Office represents Minnesota employees in wage-and-hour and unpaid-wage disputes.
Unpaid Overtime
Federal and Minnesota laws establish overtime requirements for covered employees.
Under federal law, many nonexempt employees are entitled to overtime compensation for hours worked beyond 40 in a workweek.
Minnesota law separately generally requires overtime at one-and-one-half times the employee’s regular rate for covered employees working more than 48 hours in a workweek. (MN Revisor’s Office)
Because federal and state overtime rules differ, both laws should be considered when analyzing a Minnesota employee’s claim.
Being Paid a Salary Does Not Automatically Eliminate Overtime Rights
Employers sometimes assume that calling an employee “salaried,” “manager,” “professional,” or “independent contractor” means overtime does not apply.
The label alone does not decide the issue.
Whether an employee is exempt from overtime requirements depends upon the applicable law and the employee’s actual work responsibilities and compensation arrangement.
Common Wage-and-Hour Violations
Potential wage violations can include:
- Working before clocking in.
- Working after clocking out.
- Unpaid overtime.
- Automatic meal deductions when the employee continued working.
- Working through unpaid meal periods.
- Required work performed from home without compensation.
- Unpaid training or meetings.
- Unpaid commissions.
- Improper deductions.
- Misclassification as an exempt employee.
- Misclassification as an independent contractor.
- Failure to pay all final wages.
- Requiring employees to perform work that is not recorded.
Small amounts of unpaid time can become substantial when they occur repeatedly over weeks, months, or years.
Minnesota Wage Theft
Minnesota law prohibits certain deceptive practices involving payment of employee wages and separately regulates commissions and other wage obligations. (MN Revisor’s Office)
A wage case may involve several different statutes depending upon how the employee was compensated and what the employer did.
Final Wages After Termination
Minnesota has specific laws governing unpaid wages after employment ends.
When an employer discharges an employee, earned and unpaid wages or commissions become due upon the employee’s demand. If qualifying wages remain unpaid after a proper written demand, Minnesota law can impose additional penalties under certain circumstances. (MN Revisor’s Office)
Employees who resign are governed by a different payment provision. Minnesota law generally requires earned and unpaid wages to be paid by the applicable regularly scheduled payday, subject to the statute’s specific timing rules. A written demand can become important if payment is not made when required. (MN Revisor’s Office)
Evidence in an Unpaid-Wage Case
Employees should preserve available records such as:
- Pay stubs.
- Time records.
- Work schedules.
- Employment agreements.
- Commission plans.
- Offer letters.
- Emails and text messages.
- Payroll records.
- Records of work performed outside scheduled hours.
- Written demands for unpaid wages.
Even when an employer’s timekeeping records are incomplete, other evidence may help establish the hours actually worked.
Retaliation for Complaining About Wages
Employees should not be punished because they assert rights protected by wage-and-hour laws.
A termination, reduction in hours, discipline, or other adverse treatment occurring after an employee raises wage concerns may create additional legal issues.
Recovering Unpaid Wages
Available remedies depend upon the particular statute and facts and may include:
- Unpaid wages.
- Unpaid overtime.
- Statutory penalties.
- Liquidated or other enhanced damages where authorized.
- Attorney’s fees and costs.
- Other remedies available under Minnesota or federal law.
Speak With a Minnesota Wage and Hour Attorney
Wage cases often depend upon payroll records, time records, employment agreements, the employee’s actual duties, and the employer’s method of calculating compensation.
If you believe you were not paid for all hours worked, were denied overtime, were improperly classified, or did not receive wages or commissions after leaving employment, your pay records should be reviewed.
Paul Lelii Law Office represents Minnesota employees in unpaid-wage, overtime, wage-theft, commission, and final-pay disputes.
Call 1-888-401-5291 to discuss your situation.