Employment Rights:  Labor Law

Minimum Wage                        Overtime 
Occupational Safety                 Pay Periods 
Rest breaks/Lunch breaks        Organizing/Bargaining  
Employee Benefits                   Family Leave 

Minimum Wage
The Minnesota minimum wage rate is:

  • $6.15 an hour for large companies (with $625,000 or more in gross annual sales). 

  • $5.25 an hour for small companies (with less than $625,000 in gross annual sales).

Federal Minimum Wage
The Federal minimum wage to be paid by covered employers is $6.55 an hour effective July 24, 2008; and $7.25 an hour effective July 24, 2009. These employers include:

  • businesses that produce or handle goods for interstate commerce;. 

  • businesses with annual dollar volume of business of $500,000 or more; and

  • certain other businesses, including hospitals and nursing homes, private and public schools, and federal, state and local government agencies.. 

There are both state-minimum-wage laws and federal-minimum-wage laws. In cases where an employee is subject to both the state and federal minimum-wage laws, the employee is entitled to the higher of the two minimum wages.

Companies have the option to pay a training wage of $4.90 an hour for workers under 20 years of age for the first 90 consecutive days of their employment. 

Overtime Work
No law limits the amount of overtime work an employer may require.  However, all "non-exempt" employees must be paid at least one and one-half times the usual hourly pay for overtime work.  Salaried employees who earn at least $250/week and who perform duties that are executive, managerial or professional in nature are considered "exempt" employees and are not covered by overtime law. 

Overtime begins after 40 hours of work in a seven day period for companies under the jurisdiction of federal law, and after 48 hours of work for companies under the jurisdiction of state law.  Call the Minnesota or U.S. Department of Labor if you have a question about which law governs a specific company. 

Occupational Health and Safety
These laws require employers to provide a workplace free from serious hazards and to notify employees of any special dangers in their work or at their workplace. 

Pay Periods  
Minnesota law requires employers to establish regular paydays.  The longest interval allowed between pay periods is one month (15 days for transitory projects). 

Rest breaks/Lunch breaks 
Employees must be allowed adequate time from work to use the rest room within each four consecutive hours of work.  The law also requires employers to provide an employee working eight or more consecutive hours sufficient time to eat a meal. 

Employers are required to allow mothers who are breast feeding adequate (unpaid) time to express milk unless such a break would unduly disrupt the operations of the employer.  Employers must also make a reasonable effort to provide a room for the purpose of expressing milk. A toilet stall is not an adequate facility. 

Organizing and Bargaining
The law gives employees the right to form a union and bargain collectively. Employees also have the right to refrain from organizing activities, except when a labor agreement requires union membership. 

Employee Benefits 
There are laws and rules related to benefits such as pensions, insurance and social security, workers' compensation and unemployment compensation. For more information contact the agencies listed under Resources

Family Leave 
Many workers in Minnesota are eligible for unpaid family leave of six (6) weeks per parent under state or federal law. Statute requires that at minimum the parent be allowed to take leave up to six (6) weeks after birth/adoption of child.   These laws guarantee a return to employment after the birth or adoption of a child.  However, workers in small companies (less than 21 full-time employees) are not covered by leave laws. Workers should check with their employers to see if there is a leave policy.  For more detailed information on the state and federal law, see our Family Leave legal rights brochure.

Anti-discrimination Law | Labor Law  | Resources


Last Updated: 05/21/10 (ab.jl)