December 2024
Reflecting on 2024: A year of progress and collaboration
As 2024 comes to an end, the Minnesota Department of Labor and Industry (DLI) celebrates key achievements.
Wage recovery: About $1.8 million recouped for workers.
Wage Theft
Source: https://www.dli.mn.gov/wagetheft?utm_medium=email&utm_source=govdelivery
Unpaid wages? That is wage theft. Wage theft is against the law.
When an employer avoids paying or fails to pay wages earned by its employees, it is wage theft.
- Didn’t get your last paycheck?
- Paid less than minimum wage or not paid overtime?
- Required tip sharing?
- Unpaid wages or illegal deductions from wages?
- Working off-the-clock?
- Misclassified as an independent contractor?
It is your right to get paid. Get what you are owed. Free help for filing a wage claim.
Labor Standards will help you file a wage claim to resolve cases of unpaid wages. For free help filing a wage claim, contact us at [email protected], 651-284-5075 or 800-342-5354.Learn more
- Fact sheet – Wage theft in Minnesota: Worker information (Spanish) | Employer information
- Wage theft law (June 2019)
- Employee wage notice
- Construction Worker Wage Protection Act (Aug. 1, 2023)
Education: Workshops and webinars on wage and hour laws organized for more than 17,000 employers and workers. Stay tuned for details about 2025 events at dli.mn.gov/events.
Earned sick and safe time (ESST) law: Guidance given for ESST law, which went into effect Jan. 1, 2024, including 120 outreach events with more than 10,600 participants and respondes to nearly 10,000 email messages and phone calls.
Earned sick and safe time (ESST) law changes
Source: https://www.dli.mn.gov/sick-leave-changes?utm_medium=email&utm_source=govdelivery
The earned sick and safe time (ESST) law was recently updated to clarify who qualifies for ESST, the rate at which ESST must be paid, ESST application to other paid time off and more. Below is an overview of some of those changes. Note: Most of these changes are effective as of May 25, 2024.
Earnings statement
- Employers are no longer required to provide information about an employee’s ESST hours available for use and ESST hours used during the pay period on earnings statements or pay stubs. Instead, employers can choose a reasonable system for providing this information at the end of each pay period. While employers can still include this information on an earnings statement or pay stub, they could also choose to provide this information electronically. If an employer provides the information electronically, they must provide their employees with access to an employer-owned computer during regular working hours to review and print the information.
Covered employees
- The ESST law change clarifies that employees anticipated to work at least 80 hours in a year for an employer in Minnesota are covered by the ESST law. The changes to the law also establish that ESST requirements don’t apply to volunteer or paid on-call firefighters, volunteer ambulance attendants, paid-on-call ambulance service personnel, elected officials, individuals appointed to fill vacancies in elected offices, and individuals employed by a farmer, family farm, or family farm corporation who work for 28 days or less per year. Additionally, certain family caregivers can waive their ESST rights.
Increment of time used
- The ESST law change establishes that employees may use ESST in the same increment of time for which they are paid. Employers are not required to allow ESST use in less than 15-minute increments and cannot require use in more than four-hour increments.
Base rate
- Employers must provide employees who use ESST with pay equal to the base rate the employee earns from employment. For employees paid on an hourly basis, the base rate is the same rate the employee receives per hour of work. If an employee receives multiple hourly rates, the employee should receive the rate the employee would have been paid for the period of time during which the leave is taken. For employees paid on a salary basis, the employee should receive the same rate guaranteed to the employee as if they had not taken leave. Finally, for employees paid solely on a commission, piecework or any other basis other than hourly or a salary, the employer must pay the employee no less than the applicable local, state or federal minimum wage, whichever is greater.
ESST application to other paid time off
- If an employer provides employees with paid time off (PTO) or other paid leave that is more than the amount required under the ESST law for absences due to personal illness or injury, the additional PTO must meet the same requirements as the ESST hours, other than the ESST accrual requirements, when it used for an ESST-qualifying purpose. For example, if an employee receives 50 hours of PTO in addition to the minimum requirement of 48 ESST hours per year, the employer must follow the ESST requirements about notice, documentation, anti-retaliation, replacement workers and more for the additional PTO hours when they are used for an ESST-qualifying purpose.
- Employers can still apply their notice and documentation requirements that were in effect as of Dec. 31, 2023 when employees use PTO accrued on or before that date. However, employers cannot require employees to use PTO accrued on or after Jan. 1, 2024, before using PTO accrued before that date.
- The effective date of this provision is Jan. 1, 2025.
Bereavement leave
- As a result of the ESST law changes, ESST hours can now be used to make funeral arrangements, attend a funeral service or memorial or address financial or legal matters that arise after the death of a family member.
Documentation
- The updated ESST law maintains the original documentation requirements (see “Using ESST hours”) but clarifies that the more than three consecutive days of ESST use that trigger the employer’s ability to require reasonable documentation refers to scheduled workdays. It also adds that acceptable documentation for employees using ESST for absences related to domestic abuse, sexual assault or stalking includes an employee’s written statement if documentation cannot be obtained in a reasonable time or without added expense.
Weather-event exception for certain employees
- Certain employees, such as firefighters, licensed peace officers, 911 dispatchers, correctional facility guards and public employees with commercial driver’s licenses, cannot use their ESST hours for absences related to the closure of the employee’s workplace or their family member’s school or care facility due to weather or public emergencies, except under certain circumstances.
Remedies for ESST violations
- The updated ESST law establishes that an employer that fails to provide or allow ESST use as required is liable to employees for the amount of ESST they should have been provided or could have used, plus an equal amount as liquidated damages. If the exact ESST hours owed is unclear, employers are liable for 48 hours each year ESST was not provided, plus an equal amount as liquidated damages.
Workplace Rights Week: Announced for Sept. 22-28, 2024, to educate workers and employers about their rights and responsibilities in the workplace. DLI visited more than 1,000 worksites. More information at dli.mn.gov/rights-week.
2025 labor standard updates
Starting Jan. 1, 2025, the following Minnesota labor laws will change:
- If employers give extra paid time off for illness, it must follow the same rules as ESST leave. Review recent updates to the ESST law.
- The minimum wage for all workers will rise to $11.13 an hour; the training wage for workers under 20 will be adjusted to $9.08 an hour. Learn more about Minnesota’s minimum wage.
Transportation network company (TNC) law
A TNC is a company in Minnesota that connects passengers with drivers using an app for prearranged rides. Starting Dec. 1, 2024, new rules set minimum pay rates for drivers and establish processes for pay notifications and driver support. More information at dli.mn.gov/tnc.
New nursing home rules about certification, holiday pay and notice start Jan. 1
New rules updating certification, notice posting and holiday pay requirements for nursing home workers were published Dec. 9, 2024, and take effect Jan. 1, 2025.
These rules also require posting information about workers’ rights under the Nursing Home Workforce Standards Board Act. A notice template is available on the DLI’s workplace notices and posters webpage.
Resources have been created and posted on the Nursing Home Workforce Standards Board’s holiday resources webpage to help nursing home employers implement these standards.
DLI releases report with recommendations to improve meat and poultry processing worker conditions
DLI has released a report outlining recommendations to improve conditions for meat and poultry processing workers, in line with the Safe Workplaces for Meat and Poultry Processing Workers Act passed in 2023. The law mandates an annual report about worker treatment, including insights from managers, supervisors, employers and workers. It also highlights the DLI’s efforts to fulfill the law’s requirements, such as hiring a worker rights coordinator.
Question of the month
How late can a 15-year-old child work?
- Children ages 14 and 15 cannot work before 7 a.m., after 9 p.m., more than 40 hours a week or more than eight hours a day. After they reach age 16, they cannot work after 11 p.m. on nights before school or before 5 a.m. on school days. Federal law is more restrictive for children under the age of 16 (see Minnesota Statutes 181A.04).
November 2024
Youth employment during the holidaysWith the holiday season upon us, businesses often face extended hours to accommodate the increase in shopping. This impacts both employees and employers, especially in retail. To help, we’ve answered common questions about holiday pay and workers’ rights. Reviewing these guidelines can help your business comply with Minnesota labor laws during this holiday season. Youth employment hoursIn Minnesota, there are specific regulations on the hours and types of work that minors (ages 14-17) can do. For those under 16:
Workers age 16 or 17:
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Unclaimed back-wages
The Department of Labor and Industry’s (DLI’s) Labor Standards Division has helped many workers get unpaid wages. So far, in 2024, Labor Standards handled 936 claims, recovering nearly $925,000 in wages. If you believe you’re owed back-wages, visit the Minnesota Unclaimed Property site or contact DLI at [email protected] or 651-284-5075.
St. Paul wage theft ordinance
The city of St. Paul approved a wage theft ordinance. The ordinance, which goes into effect Jan. 1, 2025, allows the city to investigate wage theft under state and federal wage and hour laws. For more information:
New Wage Theft Ordinance Strengthens Worker Protections
Ordinance brings Saint Paul in alignment with state wage theft law, giving city capacity to investigate
The Saint Paul City Council passed a wage theft ordinance in Saint Paul that aligns with Minnesota’s wage theft law to streamline enforcement and prevent the creation of conflicting standards. The passing of a wage theft ordinance in the City will add another level of enforcement to hold employers accountable and get faster resolution for employees.
New Wage Theft Ordinance Strengthens Worker Protections
FOR IMMEDIATE RELEASE
November 6, 2024CONTACT
Maryela Gonzalez
Public Information Specialist
[email protected]
(651) 266-8919SAINT PAUL – Today, the City of Saint Paul strengthened worker protections through a new wage theft ordinance that aligns with state law, streamlining enforcement and ensuring fair treatment for workers. This ordinance delivers faster resolutions for employees and holds employers accountable.
“All Saint Paul workers are entitled to fair treatment and fair wages,” said Mayor Melvin Carter. “Aligning our workers’ rights policies with the state’s boosts compliance and reinforces our values of equity, fairness, and the right to work.”
Wage theft occurs any time employers fail to pay wages employees are legally entitled to, including paying below minimum wage, not paying overtime, requiring work without pay, denying legal breaks, misclassification, withholding tips, non-payment of fringe benefits, and illegal deductions.
Saint Paul City Council President Mitra Jalali said, “Saint Paul workers deserve protection from wage theft and recourse if their employer skirts the law. I am deeply proud that our Capitol city will ensure Minnesota’s model state law is upheld. I am grateful to our labor leaders and city staff whose diligent work made this ordinance possible.”
“Saint Paul can play an important role in fighting for all workers. I’m proud to co-lead this new wage theft ordinance with Council President Jalali, particularly for our migrant workers who are both more likely to have their wages stolen and are less likely to seek recourse,” said Council Vice President HwaJeong Kim. “Passing this ordinance sends a strong message to workers in Saint Paul that wage theft is a serious violation and there are paths available to recover hard earned wages.”
Ward 7 Councilmember Cheniqua Johnson added, “It’s simple—Saint Paul residents who work should get paid what they’re owed. Our state stands with workers across Minnesota, and it’s time for Saint Paul to do the same. I support this ordinance because we must stand with our workers to ensure they are treated fairly and receive the wages they deserve.”
The new ordinance does not make any new requirements for employers or employees as it aligns with current state law, however it does give the HREEO Department labor standards investigators the enforcement capacity to investigate allegations of wage theft. It also provides Saint Paul businesses with local tools to address any instances of employees being taken advantage of or suspected wage theft.
“By passing this ordinance, we are sending a clear message that wage theft will not be tolerated in our city. This ordinance is a crucial step towards creating a more just and equitable workforce that prevents exploitation of vulnerable workers,” Ward 6 Councilmember Nelsie Yang shared.
“Wage theft erodes the workforce, and employers and employees lose confidence in the systems that are there to support them,” said Human Rights and Equal Economic Opportunity (HREEO) Interim Director Beth Commers. “A civil wage theft ordinance provides better protection for all workers in Saint Paul and a clear recourse if an employer engages in wage theft.”
“The LSAC has been working in partnership with the city to address a very real problem in our community. The domino effects of wage theft are devastating for workers and their families. Without a relevant ordinance, workers throughout the city have often found themselves without recourse when facing wage theft, and businesses operating in good faith in our communities suffer,” said Alanna Galloway, Labor Standards Advisory Committee Co-Chair.
Kera Peterson, Saint Paul Regional Labor Federation President and Labor Standards Advisory Committee Member added, “Wage theft is one of the largest types of theft in our country and is a pervasive and systemic problem throughout Minnesota. It affects workers in all sectors of our economy. This ordinance helps to make workers in Saint Paul more secure and helps level the playing field for employers who are following our state laws and local ordinances.”
News release: DLI investigation finds Smithfield Packaged Meats Corp. Illegally employed minor children, company will pay $2 million penalty
DLI has entered into a consent order with Smithfield Packaged Meats Corp. to resolve a child labor compliance order DLI issued to the company. The consent order requires Smithfield to pay a $2 million administrative penalty, the largest penalty DLI has recovered in a child labor enforcement action. The order also requires Smithfield to: conduct industry outreach related to child labor compliance; contractually require child labor compliance with its labor staffing agencies and sanitation contractors; and take other significant steps to ensure future child labor compliance.
DLI investigation finds Smithfield Packaged Meats Corp. illegally employed minor children, company will pay $2 million penalty
November 14, 2024The Minnesota Department of Labor and Industry (DLI) has entered into a consent order with Smithfield Packaged Meats Corp. to resolve a child labor compliance order DLI issued to the company. The consent order requires Smithfield to pay a $2 million administrative penalty, the largest penalty DLI has recovered in a child labor enforcement action. The order also requires Smithfield to: conduct industry outreach related to child labor compliance; contractually require child labor compliance with its labor staffing agencies and sanitation contractors; and take other significant steps to ensure future child labor compliance.
DLI’s investigation covered a two-year audit period – April 13, 2021, through April 13, 2023 – and found Smithfield employed at least 11 minor children between the ages of 14 and 17 during this time, three of whom began working for the company when they were 14 years old. Among other child labor violations, DLI found Smithfield employed nine of the 11 minor children after the hours allowed by state law – after 9 p.m. for those under 16 years old and after 11 p.m. before a school day for those 16 or 17 years old.
DLI also found all 11 minor children performed hazardous work for Smithfield, including: working near chemicals or other hazardous substances; operating power-driven machinery, including meat grinders, slicers and power-driven conveyor belts; and operating nonautomatic elevators, lifts or hoisting machines, including motorized pallet jacks and lift pallet jacks.
“It is unacceptable for a company to employ minor children to perform hazardous work late at night. This illegal behavior impacts children’s health, safety and well-being and their ability to focus on their education and their future. Combatting unlawful child labor in Minnesota is a priority for DLI and it will continue to devote resources to addressing and resolving these violations,” said DLI Commissioner Nicole Blissenbach. “DLI’s resolution with Smithfield sends a strong message to employers, including in the meat processing industry, that child labor violations will not be tolerated in Minnesota.”
In fall 2023, DLI entered into a consent order with another meat processing company to address and resolve the company’s violations of Minnesota child labor law. Additionally, earlier in 2023, the U.S. Department of Labor’s Wage and Hour Division penalized a food safety sanitation service provider for employing minor children in hazardous occupations at meat processing facilities in eight states, including Minnesota.
Minnesota’s Legislature passed amendments to the Minnesota Child Labor Standards Act (MCLSA) in 2024 to better protect minor children and to discourage employers from violating child labor law. Among other things, these changes created an anti-retaliation provision in MCLSA and established liquidated damages for minor children employed in hazardous employment in violation of MCLSA. These changes became effective Aug. 1, 2024.
Additional information about employer responsibilities under MCLSA is online at dli.mn.gov/child-labor. To submit a child labor complaint or to ask questions about child labor restrictions or other workplace rights, contact DLI’s Labor Standards Division at 651-284-5075 or [email protected].
Question of the month
Do employees start accruing earned sick and safe time (ESST) before or after they have worked their first 80 hours for an employer?
- ESST accrual begins immediately when an employee starts working for an employer. The ESST law change clarifies that employees anticipated to work at least 80 hours in a year for an employer in Minnesota are covered by the ESST law. For more information, visit sickleave.mn.gov.
October 2024
Highlights from Workplace Rights Week
Workplace Rights Week, Sept. 22-28, 2024, aimed to teach workers and employers about their rights and duties at work. The Department of Labor and Industry (DLI) interacted with businesses and community leaders in different cities to emphasize the importance of a fair workplace. We reached over 1,243 businesses, 18 community organizations in 29 cities, hosted two webinars for 325 people on workers’ rights and wage protection and had around 3,869 interactions on social media. The partnership with the city of St. Paul, the U.S Department of Labor, Health Systems Cooperative Laundries in St. Paul, Teamsters Local 471 and Workers United representatives played a major role in the success of the event.
Read the proclamation from Gov. Tim Walz about Workplace Rights Week in Minnesota
STATE OF MINNESOTA
WHEREAS: Hard working people across Minnesota invest their time and skills to make our state a great place to live for their family, friends, and neighbors; and
WHEREAS: Our culture is shaped by a history of empowered workers acting in solidarity within organized labor and teams built outside of traditional unions; and
WHEREAS: Minnesota’s economy is built on the foundations of safe working environments that pay a fair day’s wage for a fair day’s work; and
WHEREAS: These foundations of our economy and our communities are protected through regulation, education, engagement, enforcement, and workforce programming; and
WHEREAS: People in Minnesota have a right to equitable, healthy, and safe working and living environments, and deserve to understand their workplace rights and feel empowered to take action when neededto assert those rights; and
WHEREAS: Education, engagement, and outreach in partnership with employers, employees, potential employees, community groups, and workers’ rights organizations is vital to ensure everyone has a clear understanding of their rights and responsibilities in the workplace.NOW, THEREFORE, I, TIM WALZ, Governor of Minnesota, do hereby proclaim September 22 – 28, 2024, as: WORKPLACE RIGHTS WEEK
Required workplace posters available
The state’s new minimum wage poster is available to print or order on DLI’s website. Minnesota’s minimum-wage rates will be adjusted for inflation beginning Jan. 1, 2025.
Minnesota’s Minimum Wage Poster
Minimum Wage and Other Requirements
Minimum wage effective Jan. 1, 2025
Type Amount State minimum wage $11.13/hour Training wage $9.08/hour (for employees under 20 during the first 90 consecutive days) Overtime
State-only covered employers and employees:
Overtime is the required payment of time-and-one-half an employee’s regular rate of pay after 48 hours in a workweek.
Federally covered employers and employees:
Overtime is the required payment of time-and-one-half an employee’s regular rate of pay after 40 hours in a workweek.
Wage Theft
Wage theft occurs when an employer fails to pay wages earned by its employees, including minimum wage, overtime or other required rates of pay.
More information: dli.mn.gov/wagetheft
Sick and Safe Time
Sick and safe time is paid leave that employers must provide to employees in Minnesota that can be used for certain reasons, including when an employee is sick, to care for a sick family member, or to seek assistance if an employee or their family member has experienced domestic abuse, sexual assault or stalking.
An employee earns one hour of sick and safe time for every 30 hours worked and can earn a maximum of 48 hours each year unless the employer agrees to a higher amount.
More information: sickleave.mn.gov
Retaliation Prohibited
An employer must not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for exercising their rights under the law, including reporting a violation or participating in an investigation.
Report Violations
To report violations of these and other labor laws, contact the Labor Standards Division at [email protected] or 651-284-5075.
More information: dli.mn.gov/laborlaw
Minimum wage posting required by law in a location where employees can easily see the posting.
October 2024
Minimum-wage, overtime webinar Nov. 14, 2024
DLI’s Labor Standards Division will provide a webinar on Nov. 14,2024 that will cover state and federal minimum-wage and overtime requirements, as well as exemptions, for workers in Minnesota. For complete information and to register for the webinar, visit dli.mn.gov/events.
Question of the month
Are employers generally subject to both state and federal child labor laws?
Yes, employers are generally subject to state laws and provisions in the federal Fair Labor Standards Act (FLSA). Certain Minnesota child labor laws are more protective than federal law and vice versa. Employers covered by both Minnesota child labor laws and the federal FLSA must follow the most protective provisions that apply to their employees. Additional child labor law information:
- State webpage: dli.mn.gov/child-labor
- Federal webpage: dol.gov/agencies/whd/child-
labor
September 2024
Know your workplace rightsThis year, the Minnesota Department of Labor and Industry (DLI) is promoting workplace rights for both workers and employers. Workplace Rights Week in Minnesota (Sept. 22-28, 2024) is an opportunity to educate workers and employers about their rights and responsibilities in the workplace. Safe and healthy workplaces are what make our economy and communities strong, and it’s important Minnesotans understand their workplace rights and are empowered to assert those rights. During the week, DLI staff members plan to visit more than 1,000 worksites statewide to share information with workers and employers about their rights and responsibilities. Staff members and community partners will share messages and materials all week to increase awareness of workplace rights in Minnesota. |
NEW: Earned sick and safe time video
The Department of Labor and Industry created a video in English, Somali and Spanish that reviews 2024 legislative session changes to the earned sick and safe time law.
Watch the English, Somali or Spanish video.
August 2024
New minimum-wage ratesMinnesota’s minimum-wage rate will be adjusted for inflation on Jan. 1, 2025, to $11.13 an hour for all employers in the state. During the 2024 legislative session, Minnesota’s minimum wage law was revised to eliminate the reduced minimum wages applicable for small employers (defined as annual gross revenues less than $500,000), youth under the age of 18 and J-1 visa workers. These minimum wage changes are effective Jan. 1, 2025. Effective Jan. 1, 2025, the state’s minimum-wage rate for all employers, including large employers, small employers, youth and J-1 visa wages for hotels, motels and lodging establishments, will increase to $11.13 an hour. The law still allows for a 90-day training wage for workers under age 20. The current hourly training wage, $8.85, will increase to $9.08. These rates reflect a 2.6% increase. The cities of Minneapolis and St. Paul have minimum-wage ordinances that require higher minimum-wage rates for work performed in Minneapolis and St. Paul. Minnesota law requires employers to display state-mandated posters in a location where employees can easily see them. The new minimum-wage poster will be available for download this fall. Workplace Rights WeekThe Department of Labor and Industry will host Workplace Rights Week, Sept. 22-28. 2024 This is an opportunity to educate workers and employers about their rights and responsibilities in the workplace. Safe and healthy workplaces are what make our economy and communities strong, and it’s important Minnesotans understand their workplace rights and are empowered to assert those rights. To learn more about Workplace Rights Week and how you can participate, visit dli.mn.gov/rights-week. |
July 2024
Important update: What you need to know about labor law revisions
Employers and workers should know about updates to labor laws that might affect your workplace, including law changes that go into effect Aug. 1. Read our overview below.
- Personnel records. As of July 1, 2024, all workers in Minnesota can request to see their personnel or work records every six months and challenge any information they disagree with. Employers must tell new hires about these rights and cannot retaliate against employees for using them. This law now applies to all employers with at least one employee.
- Credit card and e-payments. Starting Aug. 1, 2024, employees must receive the full amount of tips paid by card or e-payment. Before this date, employers could deduct the swipe fee for these payments from tips. Now, employers must give the full tip amount to workers. Gratuities received through credit cards or other types of electronic payments must be paid to the employee in the next pay period. Other Minnesota laws on tips are the same.
- Earnings statement. Starting Aug. 1, 2024, Minnesota employers must save employee earnings statements or pay stubs for three years. This is for both current and past employees. Pay stubs have important info about wages, deductions and hours worked.
- Pregnant workers and new parents. Starting Aug. 1, 2024, pregnant employees can take prenatal medical leave without it counting against an employee’s pregnancy and parental leave. In addition, they will still get the same health benefits during pregnancy and parental leave and their employer will contribute as if they were working. Prior to Aug. 1, 2024, they got the same health benefits, but their employer didn’t haven’t to pay for any of it during their leave.
Minimum wages increase for small businesses in Minneapolis, St. Paul
The minimum-wage rates in Minneapolis and St. Paul increased July 1, 2024.
In Minneapolis, the minimum wage increased to $15.57 for small businesses, or those with 100 or fewer employees.
In St. Paul, the minimum wage increased to $14 for small businesses with six to 100 employees and $12.25 for microbusinesses for five or fewer employees.
For information about relevant minimum-wages rates, visit:
- Minneapolis — minneapolismn.gov.
- St. Paul — stpaul.gov/departments/human-
rights-equal-economic- opportunity/labor-standards- enforcement-and-education. - Minnesota — mn.gov/minwage.
June 2024
Changes to Earned Sick and Safe Time Law
The earned sick and safe time (ESST) law was recently updated to clarify who qualifies for ESST, the rate at which ESST must be paid, ESST application to other paid time off and more.
New Earned Sick and Safe Time Law Changes
The earned sick and safe time (ESST) law was recently updated to clarify who qualifies for ESST, the rate at which ESST must be paid, ESST application to other paid time off and more. Below is an overview of some of those changes. Note: Most of these changes are effective as of May 25, 2024.
Earnings Statement
- Employers are no longer required to provide information about an employee’s ESST hours available for use and ESST hours used during the pay period on earnings statements or paychecks. Instead, employers can choose a reasonable system for providing this information at the end of each pay period. While employers can still include this information on an earnings statement or paycheck, they could also choose to provide this information electronically. If an employer provides the information electronically, they must provide their employees with access to an employer-owned computer during regular working hours to review and print the information.
Covered Employees
- The ESST law change clarifies that employees anticipated to work at least 80 hours in a year for an employer in Minnesota are covered by the ESST law. The changes to the law also establish that ESST requirements don’t apply to volunteer or paid on-call firefighters, volunteer ambulance attendants, paid-on-call ambulance service personnel, elected officials, individuals appointed to fill vacancies in elected offices, and individuals employed by a farmer, family farm, or family farm corporation who work for 28 days or less per year. Additionally, certain family caregivers can waive their ESST rights.
Increment of Time Used
- The ESST law change establishes that employees may use ESST in the same increment of time for which they are paid. Employers are not required to allow ESST use in less than 15-minute increments and cannot require use in more than four-hour increments.
Base rate
- Employers must provide employees who use ESST with pay equal to the base rate the employee earns from employment. For employees paid on an hourly basis, the base rate is the same rate the employee receives per hour of work. If an employee receives multiple hourly rates, the employee should receive the rate the employee would have been paid for the period of time during which the leave is taken. For employees paid on a salary basis, the employee should receive the same rate guaranteed to the employee as if they had not taken leave. Finally, for employees paid solely on a commission, piecework or any other basis other than hourly or a salary, the employer must pay the employee no less than the applicable local, state or federal minimum wage, whichever is greater.
ESST Application to Other Paid Time Off
- If an employer provides employees with paid time off (PTO) or other paid leave that is more than the amount required under the ESST law for absences due to personal illness or injury, the additional PTO must meet the same requirements as the ESST hours, other than the ESST accrual requirements. For example, if an employee receives 50 hours of PTO in addition to the minimum requirement of 48 ESST hours per year, the employer must follow the ESST requirements about notice, documentation, anti-retaliation, replacement workers and more for the PTO hours in addition to the ESST hours.
- Employers can still apply their notice and documentation requirements that were in effect as of Dec. 31, 2023 when employees use PTO accrued on or before that date. However, employers cannot require employees to use PTO accrued on or after Jan. 1, 2024, before using PTO accrued before that date.
- The effective date of this provision is Jan. 1, 2025.
Bereavement Leave
- As a result of the ESST law changes, ESST hours can now be used to make funeral arrangements, attend a funeral service or memorial or address financial or legal matters that arise after the death of a family member.
Documentation
- The updated ESST law maintains the original documentation requirements (see “Using ESST hours”) but clarifies that the three consecutive days of ESST use that trigger the employer’s ability to require reasonable documentation refers to scheduled workdays. It also adds that acceptable documentation for employees using ESST for absences related to domestic abuse, sexual assault or stalking includes an employee’s written statement if documentation cannot be obtained in a reasonable time or without added expense.
Weather-event Exception for Certain Employees
- Certain employees, such as firefighters, licensed peace officers, 911 dispatchers, correctional facility guards and public employees with commercial driver’s licenses, cannot use their ESST hours for absences related to the closure of the employee’s workplace or their family member’s school or care facility due to weather or public emergencies, except under certain circumstances.
Remedies for ESST Violations
- The updated ESST law establishes that an employer that fails to provide or allow ESST use as required is liable to employees for the amount of ESST they should have been provided or could have used, plus an equal amount as liquidated damages. If the exact ESST hours owed is unclear, employers are liable for 48 hours each year ESST was not provided, plus an equal amount as liquidated damages.
New: Recorded Presentation for Meat-and Poultry-Processing Industries
The Department of Labor and Industry (DLI) recently hosted a webinar about laws applicable to employers and workers in agricultural and meat- and poultry-processing industries.
Watch a separate recorded video presentation about laws relevant to the meat- and poultry-processing industries.
Paid Leave Listening Sessions
The Minnesota Department of Employment and Economic Development is hosting virtual listening sessions in June and July to gather public input on draft rules related to Paid Leave, a new program that goes into effect Jan. 1, 2026, and provides provides paid time off when a serious health condition prevents you from working, when you need time to care for a family member or a new child, for certain military-related events or for certain personal safety issues.
View the listening session schedule and sign up to participate at mn.gov/deed/paidleave/about/ru
The public also can comment directly through the Office of Administrative Hearings website at minnesotaoah.granicusideas.com
Wage and Hour Questions
The Department of Labor and Industry’s Labor Standards Division frequently answers wage and hour questions and aims to protect the rights of workers and educate employers and employees about the rights and responsibilities under Minnesota employment laws.
To help employers and employees understand their rights and responsibilities under these laws, we will feature some of these questions monthly.
Question of The Month
What ESST record keeping responsibilities do employers have?
At the end of each pay period employers must provide employees with:
- the total number of ESST hours available for the employee to use; and
- the total number of ESST hours the employee used during that pay period.
Employers can choose how to provide this information, such as on an earnings statement or through an electronic system, including their company’s online portal, timekeeping software or other accessible systems. If the information is provided electronically, employers must ensure that employees have access to a computer during their regular working hours to review and print their sick and safe time details.
Learn more at https://aaronhall.com/earned-sick-and-safe-time/#Recordkeeping_and_Notice_to_Employees
May 2024
Ensure Compliance with Wage and Hour Laws When Hiring Teens for Summer Positions
As you hire teens for summer positions, it’s crucial to ensure compliance with wage and hour laws. Join them on May 21 for a free webinar about child labor laws and tips to keep teen workers safe. Here’s an overview of some topics that will be reviewed during the webinar.
Age, Hours Restrictions
In Minnesota, teens can start working at 14 years of age except as a newspaper carrier (at least 11), in agriculture (at least 12 and with parent consent), as an actor/model or a youth athletic program referee (at least 11 and with parent consent).
Minors under 16 can’t work before 7 a.m. or after 9 p.m., over 40 hours a week or more than eight hours in a day. They also can’t work during school hours unless they have permission from the school district superintendent and federal law.
Age, Hours Restrictions
Minimum Age
Fourteen is the minimum age of employment in Minnesota, except as:
- a newspaper carrier (at least 11 years of age);
- in agriculture (at least 12 years of age and with parental/guardian consent);
- an actor, actress or model; or
- a youth athletic program referee (at least 11 years of age and with parental or guardian consent).
Age and Hours of Work
Workers Under the Age of 16 May Not Work
A minor less than 16 years of age may not work:
- before 7 a.m. or after 9 p.m.* with the exception of a newspaper carrier;
- more than 40 hours a week or more than eight hours in a 24-hour period*, except in agriculture;
- on school days during school hours, unless an employment certificate has been issued by the school district superintendent (see Minnesota Statutes 181A.05) and the worker is allowed to work during school hours under federal law.
*During the school year, federal law restricts hours worked to no later than 7 p.m., no more than three hours a day and not more than 18 hours in a week.
Workers Age 16 or 17
By state law, 16- and 17-year old high school students may not work after 11 p.m. on evenings before school days or before 5 a.m. on school days. With written permission from a parent or guardian, these hours may be expanded to 11:30 p.m. and 4:30 a.m. No other limit is set for the hours that 16- and 17-year-olds can work. High school graduates who are 17 years old do not have work hour restrictions.State and Federal Child Labor Laws
Employers are generally subject to both state child labor laws and the federal child labor provisions of the Fair Labor Standards Act (FLSA). Certain Minnesota child labor laws are more protective than federal law and vice versa. Employers covered by both Minnesota child labor laws and the federal FLSA must follow the most protective provisions that apply to their employees. Visit www.dol.gov/agencies/whd/child-labor for more information about federal child labor law.For More Information
Contact Department of Labor and Industry at [email protected], 651-284-5075 or 800-342-5354.
Prohibited Work for Workers Under 18 Years of Age
Teens under 18 can’t work with certain hazardous materials, operations or machines, such as construction projects, high window washing or painting or use power-driven machines.
They also can’t work with alcohol in places where it’s consumed, with some exceptions. Also, teens under 16 can’t do certain types of work.
Prohibited Work for Workers Under Age 18
The commissioner of the Department of Labor and Industry has established some occupations as hazardous for workers under the age of 18. Additionally, there is work that is prohibited for minors under the age of 16.
Those under the age of 18 are prohibited from the following work.
Hazardous Materials
- where chemicals or other substances are present at excessive temperatures or in injurious, explosive, toxic or flammable quantities;
- or where explosives or fireworks are manufactured, stored, handled or fired.
Hazardous Operations, Machinery
- on construction or building projects of any size;
- in or around logging or lumbering operations; paper, saw, lathe and shingle mills; mines, quarries and sand or gravel pits; construction or building projects; and ice harvesting operations;
- in building maintenance, window washing, painting or repair higher than 12 feet above ground or floor level using ladders, scaffolding, safety belts, outside vertical conveyors or similar equipment;
- in oxy-acetylene or oxy-hydrogen welding;
- operating or assisting in the operation of power-driven machinery, such as forklifts, meat saws and grinders, milling machines, punch presses, press brakes and shears, and woodworking machinery; and
- operating any non-automatic elevator, lift or hoisting machine.
Liquor
- serving, dispensing or handling intoxicating liquors that are consumed on the premises; and
- working in rooms where liquor is served or consumed, with the following exceptions:
- 16-year-olds may perform busing, dishwashing or hosting duties in a restaurant where the presence of intoxicating liquors is incidental to food service and preparation, and
- 16-year-olds may provide musical entertainment in a restaurant where the presence of intoxicating liquors is incidental to food service and preparation.
Note: Department of Public Safety liquor-control laws prohibit serving or selling intoxicating liquor in a retail liquor establishment by minors less than 18 years of age.
Tobacco
There is no state restriction on age for selling tobacco products. Check the local ordinance for the location of the operation.
Transportation
- on boats or vessels used for commercial purposes, except if performing guide or other non-operational duties;
- driving buses, cabs or other passenger-carrying vehicles as a driver; and
- in certain railway occupations.
Other Limitations
- in aerial or other acrobatic acts; and
- as a lifeguard, except for a minor with a Red Cross lifesaving certificate who works with uninterrupted adult supervision.
Exceptions to The Prohibited-Work Limitations
Exceptions to prohibited-work limitations include:
- a 17-year-old high school graduate;
- a minor employed by a business solely owned and daily supervised by one or both parents; and
- a minor employed at tasks away from or outside the area of hazardous operation, equipment or materials.
Prohibited Work for Workers Under Age 16
The commissioner of the Department of Labor and Industry has established some occupations as hazardous or detrimental to the well being of workers under the age of 16. Additionally, there is work that is prohibited for all workers under the age of 18.
Those under the age of 16 are prohibited from the following work.
Agriculture
- any agricultural operation declared by the U.S. Secretary of Labor to be particularly hazardous for employment of children less than age 16.
Machinery, Operations
- operating or assisting in the operation of machinery;
- operating laundry, rug cleaning or dry-cleaning equipment;
- operating power-driven snowblowers, lawn mowers or garden equipment;
- operating drill presses, milling machines, grinders, lathes and portable power-driven machinery such as drills, sanders, and polishing and scrubbing equipment for floor maintenance;
- operating meat slicers, textile-making machines or bakery machinery;
- oiling, cleaning or maintaining any power-driven machinery;
- using pits, racks or lifting apparatus at service stations or in mounting tires on rims; and
- in a car wash to attach cars to or detach them from mechanized conveyor lines or to operate or contact the car while it is connected to the conveyor.
- welding;
- as a loader or launcher for skeet- or trap-shooting;
- in a manufacturing or commercial warehouse; and
- in a processing plant.
Transportation
- in or around an airport landing strip and maintenance aprons; and
- as an outside helper on a motor vehicle.
Other limitations
- lifting, carrying or caring for patients in hospitals or nursing homes; and
- in walk-in meat freezers or meat coolers, except for occasional entrance.
Exceptions to the Prohibited-Work Limitations
Exceptions to the prohibited-work limitations include:
- a minor employed by a business solely owned and daily supervised by one or both parents; and
- a minor employed at tasks away from or outside the area of hazardous operation, equipment or materials.
State and Federal Child Labor Laws
Employers are generally subject to both state child labor laws and the federal child labor provisions of the Fair Labor Standards Act (FLSA). Certain Minnesota child labor laws are more protective than federal law and vice versa. Employers covered by both Minnesota child labor laws and the federal FLSA must follow the most protective provisions that apply to their employees. Visit www.dol.gov/agencies/whd/child-labor for more information about federal child labor law.
New Overtime Rule for Workers
The U.S. Department of Labor has a new overtime regulation that affects employers in Minnesota.
Under the federal Fair Labor Standards Act (FLSA), some workers are specifically exempt from the FLSA’s minimum wage and overtime protections, including bona fide executive, administrative or professional employees. This exemption applies when:
- an employee is paid a salary;
- the salary is not less than a minimum salary threshold amount; and
- the employee primarily performs executive, administrative or professional duties.
The department’s final rule, which will go into effect on July 1, 2024, will increase the standard salary level that helps define and delimit which salaried workers are entitled to overtime pay protections under the FLSA. Learn more at dol.gov/OT.
Wage and Hour Questions
The Department of Labor and Industry’s Labor Standards Division frequently answers wage and hour questions and aims to protect the rights of workers and educate employers and employees about the rights and responsibilities under Minnesota employment laws.
To help employers and employees understand their rights and responsibilities under these laws, DLI will feature some of these questions monthly.
Question of the Month
Does the earned sick and safe time (ESST) law apply to employees living in Minnesota whose employer is based out of state?
To be eligible for ESST, the employer must anticipate that the employee will work at least 80 hours in Minnesota in a year. An employer based in another state may still have to provide ESST for their employees who work in Minnesota.
April 2024
Taking Time Off for a Child’s School Conference or Activity? There’s a Law for That.
Did you know there’s a state law that allows eligible employees to take up to 16 hours of unpaid leave per year per child for school-related events? Under Minnesota’s School Conference and Activities Leave law all employees qualify for school activities leave, regardless of employer size or seniority. The leave can be used for conferences and activities that cannot be scheduled outside the employee’s work hours. Employees can get up to 16 hours off for their children under 18 or under 20 if they are in high school. This includes biological, adopted and foster children. Employees can also use school activities leave to attend events for prekindergarten programs or special education programs. Employees should try, if possible, to give early notice for time off and make a reasonable effort to schedule the leave when it will not unduly disrupt the operations of the employer.
Questions? Contact Labor Standards with questions about the school activities leave law at 651-284-5075 or [email protected] |
Join DLI on May 13 to Celebrate 10 Years of Advancing Women’s Economic Wellbeing
Join DLI on May 13 from 8 a.m. to noon to celebrate the 10-year anniversary of the Women’s Economic Security Act (WESA).
The free event includes panels and speakers discussing WESA and its impact on the lives of Minnesota women and their families.
Space is limited and registration is required. Food and refreshments will be provided. Register to attend in person or virtually at dli.mn.gov/wesa.
The event is sponsored by the Minnesota Department of Labor and Industry, the Department of Employment and Economic Development, the Department of Human Rights, the Department of Health, the Office on the Economic Status of Women, the Women’s Foundation of Minnesota, Gender Justice and AARP Minnesota.
DLI is Hiring
The Labors Standards Division is hiring a senior labor investigator to help prevent violations as well as pursue enforcement activity related to Minnesota’s Prevailing Wage Act. Spanish fluency is required.
Applications close April 22. Visit mn.gov/mmb/careers/search-for-
The Labor Standards Division is also hiring two labor investigators (one position bilingual preferred and one position bilingual required) to serve as the initial point of contact for employers and workers that need assistance with compliance and enforcement of Minnesota wage and hour laws.
Applications close April 23. Visit mn.gov/mmb/careers/search-for-
March 2024
Your Guide to Compliance: Agricultural Law Changes
It’s spring, which means agricultural employers in Minnesota will be recruiting workers.
There are state and federal laws that apply to agricultural employers and workers, including minimum wage, overtime, employee notice requirements and more. Some of these laws have been updated recently. The following is a brief overview.
Required Employment Statement
A broadened definition of agricultural labor and a change in an employer size requirement means more agricultural employers in Minnesota must provide migrant agricultural workers with an employment statement or a “migrant contract.”
Previously, employers only had to provide an employment statement to migrant cannery workers. Now, employers must provide an employment statement to all recruited migrant agricultural workers, who are defined as people at least 17 years of age who travel more than 100 miles to Minnesota from another state to work in agriculture based on an offer or the possibility of employment. (Note: These workers are different from H-2A temporary agricultural workers who travel from another country, not another state, to Minnesota. This law does not apply to H-2A workers.)
In addition, state law previously defined an employer of migrant agricultural workers as someone who hired 30 migrant agricultural workers in a year; now the threshold is just one migrant agricultural worker in a year.
Find a sample employment statement in English and Spanish, as well as other information about wage and hour law relevant to agricultural workers, at dli.mn.gov/agriculture.
Meat-Processing Worker Notice Translated
Under the new Safe Workplaces for Meat and Poultry Processing Workers Act, all meat-processing employers in Minnesota must provide written information and notifications about employee rights under the act to workers in their language of fluency at least annually.
The Department of Labor and Industry (DLI) has prepared a sample employee notice that employers can use. It is available in English, Hmong, Russian, Somali and Spanish on the Workplace notices and posters webpage.
Save the Date: Agricultural, Meat- and Poultry-Processing Employers and Workers Webinar April 23
DLI’s Labor Standards Division is providing a series of webinars to help workers and employers better understand the state’s wage and hour laws.
The first webinar on Tuesday, April 23, will provide information about laws applicable to employers and workers in agricultural and meat- and poultry-processing industries. Register at events.gcc.teams.microsoft.
Earned Sick and Safe Time (ESST) Event in North Mankato
Learn about ESST and the federal Family and Medical Leave Act at South Central College in North Mankato on March 28, from 9 a.m. to noon.
Presenters include representatives from DLI and the U.S. Department of Labor’s Wage and Hour Division. The event is hosted by the CareerForce location in Mankato.
Register at forms.office.com/g/YmCMaQd75C?
Can’t attend? Watch a recorded presentation about ESST in English, Somali or Spanish.
February 2024
When Are Employees Owed Their Last Paycheck?
When an employee is fired or quits, Minnesota final pay laws determine when they are owed their last paycheck.
Employers are required to give a former employee their paycheck:
- Within 24 hours of the employee making a written demand for payment to the employer. This includes employees who are terminated, discharged or fired.
- The next regularly scheduled payday or, if the payday is within five days of the last day of work, up to 20 days if the employee does not make a written demand. This includes employees who voluntarily leave employment (quit), are terminated, discharged or fired.
If an employer does not pay an employee after receiving a written demand letter, the employee can contact the Department of Labor and Industry’s (DLI’s) Labor Standards Division to file a wage claim.
Making a Demand for Final Wages
File a Wage Claim
Employees terminated, discharged or fired are due all wages and commissions with 24 hours of a written demand for payment to the employer.
Employees who voluntarily leave employment (quit), are terminated, discharged or fired, but do not make a written demand, are due all wages and commissions on the next regularly scheduled payday. If the payday is within five days of the last day of work, the employer may have up to 20 days to make final payment.
- View/print: Final pay laws and wage claim process – Español,
English Version
Final pay laws and wage claim process
Wages Due Upon Separation
If an employee is terminated, discharged or fired, all wages and commissions owed at that time are due upon separation or within 24 hours of the employee’s demand for the wages.
If an employee leaves employment voluntarily (quits), all wages and commissions owed at the time of separation are due on the next regularly scheduled payday. If the next payday following the employee’s last day of work is within five days of the employee’s last day of work, then the employer will have until the pay period after that to issue all final wages. However, under no circumstances can the wages be paid any later than 20 days from the employee’s last day of work. Employees who have quit and have not received their final wages within the required time period may also demand their wages.
Penalties for Failure to Pay Final Wages
Under Minnesota’s laws, if the employer fails to pay final wages promptly, employees may collect the amount of the employee’s average daily earnings for each day the employer is late in paying the wages, up to 15 days.
Filing a Wage Claim with the Department of Labor and Industry
If an employee is unsuccessful in collecting final wages from their employer under the requirements listed above (24 hours if terminated, 20 days if quit), the employee can call the Minnesota Department of Labor and Industry to make a claim for wages and report the employer’s violation of law.
If you have not received final wages from an employer after making a demand for wages, call Labor Standards at 651-284-5075 to file a wage claim. Have the following information ready:
• your name, address and telephone number;
• your former employer’s name, address, telephone number and manager or owner’s name;
• your last day of work;
• the date you demanded your final wages;
• the amount you are due in final wages (if unknown provide as accurate an estimate as possible); and
• the dates you worked for your former employer yet were not paid.Right to Private Action
In addition to filing a wage claim with the Department of Labor and Industry, employees also have the right to file a private action in court.If the amount of wages and penalties due equals $15,000 or less, the employee may file in small claims court (conciliation court). Otherwise the employee must file in District Court.
For more information about filing a claim in court, visit mncourts.gov/selfhelp.
Notice: This flier is a brief summary of Minnesota law. It is intended as a guide and is not to be considered a substitute for Minnesota Statutes regarding final pay laws.
Additional Resources
To review the language of the act, see Minnesota Statutes, sections 179.87 to 179.877.
For questions about the act, contact DLI’s Labor Standards Division at: Labor Standards Division, Minnesota Department of Labor and Industry, 443 Lafayette Road N., St. Paul, MN 55155; 651-284-5075; or [email protected].
How to Make a Demand for Your Final Wages
You can take the following steps to obtain your final wages.
- Write and deliver a letter to your former employer demanding your wages. The Minnesota Department of Labor and Industry (DLI) has prepared a sample letter for those who have quit a job (Español) and for those who have been terminated from a job (Español). You may want to use certified mail so you know when the employer received your letter.
- If your employer does not pay you after receiving your letter, contact the Labor Standards Division to file a wage claim. The following information will be requested:
– the employer’s name, address, telephone number and the manager or owner’s name;
– the date of your last day of work;
– the date you demanded your final wages; and
– the amount you are due in final wages. - Employees also have the option of filing a claim in court if the employer does not pay final wages as required under Minnesota law.– By filing a claim in court, an employee may also recover one day of average wages for each day the employer is late in paying (up to 15 days).
NEW: Earned Sick and Safe Time (ESST) Video, GrantThe Department of Human Services Deaf and Hard of Hearing Services Division has created an ESST video in American Sign Language with English captions. The video is available in the “Resources” section at dli.mn.gov/sick-leave. In addition, DLI is seeking organizational applicants for a grant program to increase awareness of the ESST law. Learn more and apply at dli.mn.gov/business/employment |
Think You May be Owed Back-Wages?
The U.S. Department of Labor’s Wage and Hour Division is seeking workers who may be owed wages. Nationwide, there is more than $161 million owed to more than 222,000 workers that sits unclaimed. For more information and to access the federal unclaimed wage database, visit dol.gov/agencies/whd/wow.
Find more information about the Minnesota Unclaimed Property database at dli.mn.gov/business/employment
New Fund Reimburses Employers for Accommodations
Across Minnesota, people with disabilities are working in every kind of job. Some people with disabilities have adapted part of their job to make it possible to perform their job duties. Under state and federal law, employers are required to provide and pay for the cost of reasonable workplace accommodations for employees with disabilities.
Small and mid-sized businesses in Minnesota can apply for reimbursement for the cost of accommodations through the new Employer Reasonable Accommodation Fund. Learn more and apply at mn.gov/deed/business/financing
DLI Hiring: Labor Investigator, Intake
Labor Standards is hiring a labor investigator who will conduct intake for claims for wage and hour complaints and respond to public inquiries about wage and hour laws. Candidates are required to be fluent in Spanish.
For more information, visit the Minnesota Careers website, click “View All Jobs” and enter job I.D. number 73617 for complete information and to apply.
January 2024
Stay Compliant: Explore New Labor Laws and Resources
| The Minnesota Department of Labor and Industry has created new resources related to laws that went into effect this year, including a webpage about keeping workers safe in meatpacking and poultry processing facilities and another webpage related to a new law ensuring only skilled workers are hired at oil refineries. |
Safe Workplaces for Meat and Poultry Processing Workers Act
This overview of the Safe Workplaces for Meat and Poultry Processing Workers Act (the act) is provided in accordance with Minnesota Statutes, section 179.877(c). This overview is informational only. It is not a source of law and is not provided as legal advice.
Overview
Protections for Meat-processing Workers
The act provides protections for meat-processing workers, including employees, independent contractors and persons hired through a temporary service or staffing agency. Meat-processing workers are those who, while doing work for a meat-processing employer: work directly in contact with raw meatpacking products in a meatpacking operation; inspect or package meatpacking products; or clean, maintain or sanitize equipment or surfaces.
Applicable Employers
“Meatpacking operation” or “meat-processing employer” means a meatpacking or poultry processing site with 100 or more employees in Minnesota and a North American Industrial Classification System (NAICS) code of 311611 to 311615, excluding NAICS code 311613.
Meatpacking operation or meat-processing employer does not include a grocery store, butcher shop, meat market, deli, restaurant or other business preparing meatpacking products for immediate consumption or for sale in a retail establishment or otherwise directly to an end-consumer.
Role of the Minnesota Department of Labor and Industry
The commissioner of the Minnesota Department of Labor and Industry (DLI) enforces the act, including inspecting, reviewing and recommending improvements to the practices and procedures of meatpacking operations in Minnesota. A meat-processing employer must grant DLI full access to all meatpacking operations in the state at any time that meatpacking products are being processed or meat-processing workers are on the job.
DLI is required to appoint a meatpacking industry worker rights coordinator. DLI’s worker rights coordinator must notify relevant employers of the act and any recent updates at least annually.
Health and Safety
Ergonomics Committee
Meat-processing employers must have an ergonomics program developed and implemented by a committee of individuals who are knowledgeable about the tasks and work processes performed by workers at the employer’s facility. The committee must include:
- a certified professional ergonomist;
- a licensed, board-certified physician, with preference given to a physician who has specialized experience and training in occupational medicine; and
- at least three workers employed in the employer’s facility who have completed a general industry outreach course approved by DLI, one of whom must be a union representative if the employer is party to a collective bargaining agreement.
If it is impractical for a certified professional ergonomist or a licensed, board-certified physician to be a member of the committee, the meatpacking employer must have its ergonomics program reviewed by a certified professional ergonomist and a licensed, board-certified physician prior to implementation of the program and annually thereafter.
New Tasks
When a worker is assigned a new task, meaning the worker has no previous work experience doing that task, a meat-processing employer must train that worker about:
- how to safely perform the task;
- the ergonomic and other hazards associated with the task; and
- the early signs and symptoms of musculoskeletal injuries and the procedures for reporting them.
The employer must give a worker an opportunity within 30 days of receiving the new-task training to receive refresher training about the topics covered in the new-task training. The employer must provide this training in a language and with vocabulary the employee can understand.
Annual Training
Meat-processing employers must provide each worker at least eight hours of safety training each year. The annual training must address health and safety topics relevant to the establishment and the worker’s job assignment, such as cuts, lacerations, amputations, machine guarding, biological hazards, lockout/tagout, hazard communication, ergonomic hazards and personal protective equipment. At least two of the eight hours of annual training must be about topics related to the facility’s ergonomic injury prevention program, including the assessment of surveillance data, the ergonomic hazard prevention and control plan, and the early signs and symptoms of musculoskeletal disorders and the procedures for reporting them. The employer must provide this training in a language and with vocabulary the employee can understand.
Medical Services and Qualifications
Meat-processing employers must ensure:
- all first-aid providers, medical assistants, nurses and physicians engaged by the employer are licensed and perform their duties within the scope of their licensed practice;
- medical management of musculoskeletal disorders is under direct supervision of a licensed physician specializing in occupational medicine who will advise about best practices for management and prevention of work-related musculoskeletal disorders; and
- medical management of musculoskeletal injuries follows the most current version of the American College of Occupational and Environmental Medicine practice guidelines.
Meat-processing employers must not institute or maintain any program, policy or practice that discourages employees from reporting injuries, hazards or safety standards violations.
Pandemic Protections
The act requires enhanced health, safety and sanitation measures during a peacetime public health emergency that involves airborne transmission. These measures involve, but are not limited to, the following:
- physical distancing and barriers;
- face masks and shields at no cost to the employee;
- hand sanitation;
- disinfecting the workplace;
- ventilation systems; and
- personal protective equipment at no cost to the employee.
Meat-processing employers must provide training about the proper use of personal protective equipment, safety procedures and sanitation.
Meat-processing employers must record all injuries and illnesses in the facility and make these records available upon request to the health and safety committee, DLI and union representatives.
Break Time
Meat-processing employers must provide adequate break time for workers to use the bathroom, wash their hands, and don and doff protective equipment.
Refusal to Work Under Dangerous Conditions
A meat-processing worker has the right to refuse to work under dangerous conditions. Any worker who refuses to work under dangerous conditions shall continue to receive pay and shall not be subject to discrimination.
Notifications
Meat-processing employers must provide written information and notifications about employee rights under the act to workers in their language of fluency at least annually. If a worker is unable to understand written information and notifications, the employer must verbally provide such information and notices in the worker’s language of fluency.
DLI has prepared a sample employee notice that employers can use in English and is translating it to other languages. The notice is available on the Workplace notices and posters page.
Retaliation Prohibited
No meat-processing employer or other person may discharge or discriminate against a worker because the worker has raised a concern about a meatpacking operation’s health and safety practices to the employer or otherwise exercised any right authorized under Minnesota’s Occupational Safety and Health Act.
No meat-processing employer or other person may attempt to require any worker to sign a contract or other agreement that would limit or prevent the worker from disclosing information about workplace health and safety practices or hazards, or to otherwise abide by a workplace policy that would limit or prevent such disclosures. Any such agreements or policies are void and unenforceable. An employer’s attempt to impose such a contract, agreement or policy is itself a violation of the act.
Reporting or threatening to report a meat-processing worker’s suspected citizenship or immigration status, or the suspected citizenship or immigration status of a family member – including a spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent or grandchild related by blood, adoption, marriage or domestic partnership – of the worker, to a federal, state or local agency because the worker exercises a right under the act is itself a violation of the act.
Enforcement
DLI Authority
DLI, either on its own initiative or in response to a complaint, may inspect a meatpacking operation and subpoena records and witnesses to investigate compliance with the act.
DLI may issue a compliance order requiring an employer to comply with certain provisions of the act.
DLI also has authority to issue a stop-work or business-closure order when there is a condition or practice that could result in death or serious physical harm.
Attorney General Authority
The attorney general may enforce the act under Minnesota Statutes, section 8.31.
Private Civil Action
If a meat-processing employer does not comply with the act, an aggrieved worker, union representative or other person may file a lawsuit within three years of an alleged violation.
Whistleblower Enforcement
In certain circumstances, a private civil action to enforce the act may be brought on behalf of DLI by any individual, including an authorized employee representative.
First, written notice must be given to DLI’s worker rights coordinator of the specific provisions of the act that were allegedly violated. Then, the individual or representative organization may commence a civil action if no enforcement action is taken by DLI within 30 days.
The right to bring a whistleblower lawsuit shall not be impaired by a private contract.
Relief
In a civil action or administrative proceeding brought to enforce the act, the act requires a court or DLI to order relief consistent with the following.
- For any violation of sections of the act:
- (1) an injunction to order compliance and restrain continued violations;
- (2) payment to a prevailing worker by a meat-processing employer of reasonable costs, disbursements and attorney fees; and
- (3) a civil penalty payable to the state of not less than $100 per day per worker affected by the meat-processing employer’s noncompliance with the act. In a civil whistleblower action brought on behalf of DLI, 70% of the civil penalty amount is payable to DLI, while 30% is payable to the person who brought the lawsuit.
- Any worker who brings a complaint under the act and suffers retaliation is entitled to treble damages in addition to lost pay and recovery of attorney fees and costs.
- Any company that is found to have retaliated against a meat-processing worker must pay a fine of up to $10,000 to DLI, in addition to other penalties available under the law.
Additional resources
To review the language of the act, see Minnesota Statutes, sections 179.87 to 179.877.
For questions about the act, contact DLI’s Labor Standards Division at: Labor Standards Division, Minnesota Department of Labor and Industry, 443 Lafayette Road N., St. Paul, MN 55155; 651-284-5075; or [email protected].
Skilled and Trained Contractor Workforce Requirements
Effective for contracts entered into, extended or renewed on or after Jan. 1, 2024, Minnesota law will require an owner or operator of a petroleum refinery to require contractors and subcontractors of any tier to use a skilled and trained workforce for the performance of construction, alteration, demolition, installation, repair, maintenance or hazardous material handling work at the site of the petroleum refinery. Existing contracts entered into before Jan. 1, 2024, must be renegotiated to comply by Jan. 1, 2025.
A skilled and trained workforce means each employee of the contractor or subcontractor of any tier performing work at the site of the petroleum refinery in an apprenticeable occupation in the building and construction trades meets one of the following criteria:
- is currently registered as an apprentice in a registered apprenticeship program in the applicable trade;
- graduated from a registered apprenticeship program in the applicable trade;
- completed all of the related instruction and on-the-job learning requirements needed to graduate from the registered apprenticeship program their employer participates in; or
- has at least five years of experience working in the applicable trade and is participating in journeyworker upgrade training or has completed training identified as necessary by the registered apprenticeship program to become a qualified journeyworker in the applicable trade.
The contractor or subcontractor’s workforce must meet the skilled and trained workforce requirements according to the following schedule:
- 30% by Jan. 1, 2024;
- 45% by Jan. 1, 2025; and
- 60% by Jan. 1, 2026.
The law provides certain exceptions to the skilled and trained workforce requirements. The requirements do not apply:
- to the employees of the owner or operator of a petroleum refinery;
- when an owner or operator contracts with contractors or subcontractors hired to install original equipment manufacturer (OEM) equipment and to perform OEM work to comply with equipment warranty requirements;
- if under a collective bargaining agreement the labor organization is unable to refer sufficient workers for the contractor to comply with the applicable percentage within 48 hours of the contractor’s request, provided the contractor complies once the labor organization is able to refer sufficient workers;
- if an emergency makes compliance impracticable for the contractor because the emergency requires immediate action to prevent harm to public health or safety or to the environment, though the requirements apply once the emergency ends or it becomes practicable for the contractor to obtain a skilled and trained workforce, whichever occurs sooner; and
- if the owner or operator has entered into a project labor agreement with a council of building trades labor organizations requiring participation in registered apprenticeship programs, or all contractors and subcontractors of any tier have entered into collective bargaining agreements with labor organizations requiring participation in registered apprenticeship programs, and all contracted work at the petroleum refinery requiring compliance with this law is also subject to the project labor agreement or collective bargaining agreements requiring participation in registered apprenticeship programs.
The Minnesota Department of Labor and Industry’s (DLI) Division of Labor Standards shall receive complaints of violations and must fine an owner or operator, contractor or subcontractor of any tier not less than $5,000 and not more than $10,000 for each violation. Each shift on which a violation occurs is considered a separate violation. Owners or operators shall be found in violation and subject to fines and other penalties for failing to require a skilled and trained workforce in its contracts and subcontracts or failing to enforce the requirement of use of a skilled and trained workforce. Contractors or subcontractors shall be found in violation and subject to fines and other penalties for failure to use a skilled and trained workforce.
Frequently Asked Questions
Do the petroleum refinery owner or operator’s employees need to meet the skilled and trained workforce requirements?
No. The requirements do not apply to the employees of the owner or operator of a petroleum refinery.
How do I register an apprenticeship program in Minnesota?
Contact DLI’s Division of Apprenticeship at [email protected], 651-284-5090 or 1-800-342-5354. Visit ApprenticeshipMN.com. An Apprenticeship Minnesota representative will meet with you to assist in development.
If I have an apprenticeship program registered in another state, do I also need to register an apprenticeship program in Minnesota?
No. An apprenticeship program can be registered with DLI, the United States Department of Labor (USDOL) Office of Apprenticeship, or a recognized state apprenticeship agency.
What supervision requirements exist for apprentices on the worksite?
Employers must comply with the journeyworker to apprentice ratio requirements in the standards of apprenticeship for which the apprentice has an apprenticeship agreement.
If I registered apprentices in another state, do they need to meet ratio requirements for the applicable trade in Minnesota, or would the requirements in their apprenticeship agreement apply while working in Minnesota?
Employers must comply with the journeyworker to apprentice ratio requirements in the standards of apprenticeship for which the apprentice has an apprenticeship agreement.
What is an apprenticeable occupation in the building and construction trades?
An apprenticeable occupation is any trade, form of employment, or apprenticeable occupation in the building and construction trades approved by the commissioner of DLI or the United States secretary of labor. Specifically, an apprenticeable occupation is one that meets the criteria in Code of Federal Regulations, title 29, part 29, section 29.4 and must:
- involve skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning;
- be clearly identified and commonly recognized throughout an industry;
- involve the progressive attainment of manual, mechanical or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least 2,000 hours of on-the-job learning to attain; and
- require related instruction to supplement the on-the-job learning.
View a list of federally approved apprenticeship occupations. Questions about whether an occupation has been approved by DLI may be asked of the apprenticeship director.
What process will the apprenticeship director follow to determine whether an occupation is an apprenticeable occupation in the building and construction trades if it is unclear from the federal list?
The apprenticeship director will consider whether the occupation involves construction, alteration, demolition, installation, repair, maintenance or hazardous material handling work at the site of the petroleum refinery, whether the occupation is included within a broader registered apprenticeship program standard in the building and construction trades, and will consult with USDOL and other states as appropriate.
How will compliance be tracked and enforced?
DLI’s Division of Labor Standards will receive complaints of violations of the law. Owners, operators, contractors, and subcontractors should maintain sufficient records to demonstrate compliance with the requirements under the law. Records could include copies of contracts, documentation demonstrating whether applicable employees of contractors or subcontractors meet one of the four skilled and trained workforce criteria in law (download a sample recordkeeping template), payroll records and documentation to substantiate an exemption from the law’s requirements such as a project labor agreement, collective bargaining agreement, a request for referral of workers from a labor organization and the organization’s response or documentation of an emergency that makes compliance impracticable.
How can complaints be submitted?
Complaints can be submitted to DLI’s Division of Labor Standards at 651-284-5075 or [email protected].
Do the percentage requirements apply to the total contractor workforce?
No. Each contractor and subcontractor of any tier must comply with the percentage requirements for the applicable trade or occupation within the contractor’s workforce when performing construction, alteration, demolition, installation, repair, maintenance or hazardous material handling work at the site of the petroleum refinery.
What are the “other penalties” an owner, operator, contractor or subcontractors may be subject to?
This refers to the penalties provided under section 177.27, subdivision 7.
The penalties range from a minimum of $5,000 to not more than $10,000 for each violation. How will the commissioner determine the penalty amount?
As directed by law, the commissioner will consider the appropriateness of the fine to the size of the violator’s business and the gravity of the violation.
Can owners, operators, contractors or subcontractors appeal a finding of violation and/or a penalty?
Yes, an employer who receives a compliance order pursuant to section 177.27 may contest the order in writing within 15 days.
What affirmative action requirements apply?
Employers of apprentices must meet the affirmative action requirements as outlined in their standards of apprenticeship.
What dispute resolution process should be followed?
Employers of apprentices should follow the complaint procedure process outlined in their standards of apprenticeship.
News Release: Retail Chain Agrees to Pay Back-Wages, Damages, and Penalties After Investigation Finds Company Violated Protections for Nursing Employees
The Minnesota Department of Labor and Industry recently entered into a consent order with Menard, Inc. (Menards), requiring the retail chain to comply with Minnesota law that directs employers to provide lactating workers with reasonable paid break time to express milk. The agreement also requires Menards to pay back-wages and compensatory damages to an employee for deducting wages from her pay for taking breaks to express milk and retaliating against her for asserting her workplace rights.
A Department of Labor and Industry Investigation Found Menards Deducted Wages for Time Spent Expressing Milk and Retaliated Against a Worker Who Filed a Complaint; Company Agrees to Statewide Audit of Stores
January 9, 2024 The Minnesota Department of Labor and Industry (DLI) recently entered into a consent order with Menard, Inc. (Menards), requiring the retail chain to comply with Minnesota law that directs employers to provide lactating workers with reasonable paid break time to express milk. The agreement also requires Menards to pay back-wages and compensatory damages to an employee for deducting wages from her pay for taking breaks to express milk and retaliating against her for asserting her workplace rights. “Workers should not have to choose between expressing milk for their child and getting paid or keeping their job,” said DLI Commissioner Nicole Blissenbach. “DLI supports new parents who choose to return to the workforce and understands the importance and impact of enforcing the Minnesota law protecting workers’ rights to express milk at work without having their compensation reduced.” A DLI investigation of Menards in Fridley, Minnesota, found the company violated state labor laws during DLI’s audit period of Dec. 1, 2022, through May 21, 2023. On Dec. 5, 2023, Menards and DLI reached an agreement in which Menards agreed to comply with the Women’s Economic Security Act (WESA) at all its Minnesota facilities. The company must also pay $15,000 in administrative penalties, with $7,500 of the penalties stayed pending compliance with the agreement. In addition to paying the penalties, Menards agreed to various specific conditions to ensure compliance with WESA, including:
Annual WESA Report ReleasedDLI also found many other companies violated WESA, according to the state agency’s annual report. WESA is a comprehensive worker protection law designed to protect and promote opportunities for women in the workplace. An annual report provides DLI investigative data and outcomes related to its enforcement of WESA for the most recent year and since the law’s adoption in spring 2014. WESA violations detailed in the most recent report include:
WESA inquiries to DLI have been increasing. The number of intakes DLI received related to parenting leave and nursing employees’ rights nearly doubled in the past year, increasing from 180 intakes to 327 intakes. WESA was expanded this year to include additional workplace protections for new and expectant parents, including:
DLI continues to educate employers and workers about their workplace responsibilities and rights under WESA. Find a complete list of recent changes to WESA and additional information here. Contact the Labor Standards Division at [email protected], 651-284-5075 or 800-342-5354. |
Employee or Independent Contractor?
The U.S. Department of Labor published a rule, effective March 11, 2024, to address how to analyze whether a worker is an employee or independent contractor under the federal Fair Labor Standards Act.
On January 10, 2024, the U.S. Department of Labor published a final rule, effective March 11, 2024, revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule rescinds the Independent Contractor Status Under the Fair Labor Standards Act rule (2021 IC Rule), that was published on January 7, 2021 and replaces it with an analysis for determining employee or independent contractor status that is more consistent with the FLSA as interpreted by longstanding judicial precedent.
The misclassification of employees as independent contractors may deny workers minimum wage, overtime pay, and other protections. This final rule will reduce the risk that employees are misclassified as independent contractors while providing a consistent approach for businesses that engage with individuals who are in business for themselves.
Additional Information
- Final Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act – Federal register notice
- Frequently Asked Questions – General and substantive questions about the final rule
- Small Entity Compliance Guide – A guide to assist small businesses to comply with the final rule, including an overview of the rule, the six factors of the economic reality test, common questions, and additional resources
- Press Release – Announcing the final rule
- Proposed Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act: Notice of proposed rulemaking that was issued in advance of the final rule
Wage and Hour Bulletin Archive
Find past editions of The Wage and Hour Bulletin at dli.mn.gov/business/employment
