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Wage and Hour law in Minneapolis, operated under the Fair Labor Standards Act (FLSA), stipulates a minimum wage requirement and overtime payment rules for eligible employees. It specifies that the current minimum wage is set at $15.00 per hour for large businesses and $13.50 for small businesses, with these rates generally adjusted annually. Federal laws mandate that non-exempt employees should be paid at one-and-a-half times their regular rate for all hours worked beyond a 40-hour workweek.
Unlawful practices by employers, such as denial of rightful wages, overtime pay, or mandated breaks, can lead an employee to seek legal help. Employees may also need legal advice during instances of misclassification as an employee or independent contractor, wage deductions, unpaid commissions or tips, or when there is some retaliation by an employer after a complaint is raised. Furthermore, if you're a business owner, you could seek advice on how to comply with wage & hour legislation and avoid potential legal issues.
In Minneapolis, businesses are divided into two categories: "large" (100 or more employees) and "small" (less than 100 employees). As of July 2021, the minimum wage for large businesses is set at $15.00 per hour and $13.50 per hour for small businesses. All employees, irrespective of immigration status, have the same rights under the Wage Theft Law in Minneapolis. This law makes it critical for employers to maintain a detailed and updated record of all employees' work hours and wages. Additional worker protections in Minneapolis include laws such as 'Safe and Sick Time' ordinance which allows workers to earn and use sick and safe time.
If you believe your employer is not paying you at least the minimum wage, you can lodge a complaint with the Minnesota Labor and Industry Department or seek professional legal help.
Unless you fall into one of the exempt categories under federal law (such as professional, administrative, and executive exemptions), you are typically entitled to overtime pay for all hours worked over 40 in a workweek.
An "hour worked" includes all time an employee must be on duty or on the employer’s premises or at any other prescribed workplace. This also includes any additional time the employee is permitted to work.
An employer can only make lawful deductions from wages, which usually require written consent from the employee. Examples might include tax withholdings or garnishments ordered by a court.
Wage Theft Law in Minneapolis came into effect in 2019. It mandates more transparency between employers and employees to protect worker’s wages and it ensures employees are paid the amount they are due, and payment is punctually made.
Resources to help understand Wage & Hour laws in Minneapolis include the ‘Fair Labor Standards Act Advisor’ provided by the U.S. Department of Labor and the ‘Wage & Hour’ page on the City of Minneapolis website. The 'Minnesota Department of Labor and Industry' and 'City of Minneapolis Civil Rights Department' are also very useful resources for details on local wage and hour regulations.
If you require legal assistance, your first step should be to gather all relevant documentation, such as pay stubs, employment contracts, and records of your hours worked. Next, contact a legal professional or organization specializing in labor laws. They will be able to provide advice tailored to your situation and guide you through the process of asserting your rights. It's essential to act promptly since there are time limits in bringing such claims.
