Know Your Rights: Wage Theft in Minnesota

If your employer has not paid you what you are owed, that may be wage theft. Minnesota law requires employers to pay you for every hour you work, on time and in full. All workers are protected, regardless of immigration status.

Your Rights

  1. You must be paid for every hour you work. This includes setup time, cleanup time, and travel between job sites. Your employer cannot ask you to work “off the clock” under Minn. Stat. § 181.722 .

  2. You must receive a written earnings statement. Each pay period, your employer must give you a pay stub showing your hours, rate of pay, and any deductions.

  3. You are owed overtime for long workweeks. Under Minn. Stat. § 177.25 , most employees must be paid 1.5 times their regular rate for hours worked over 48 in a workweek. Federal law may require overtime after 40 hours. You get whichever is better.

  4. Your final paycheck has strict deadlines. If you are fired, your employer must pay all wages within 24 hours of your demand. If you quit, they must pay by the next regular payday, but no more than 20 calendar days after your last day of work, under Minn. Stat. § 181.14 .

  5. Your employer cannot take illegal deductions. Your employer cannot deduct money from your paycheck for breakage, cash shortages, or tools without your written consent.

  6. Retaliation is illegal. Your employer cannot fire you, cut your hours, or punish you for asking about your wages or filing a wage complaint.

  7. You can recover double damages in court. If you sue for unpaid wages and win, the court may award you double the amount you are owed, plus attorney fees, under Minn. Stat. § 181.171 .

What to Do

  • Keep your own records. Write down your start time, end time, and breaks every day. Save all pay stubs, emails about pay, and bank statements showing deposits.
  • Ask your employer in writing first. Send a letter or email listing the dates, hours, and amounts you are owed. Give them 7 to 14 days to respond. Keep a copy.
  • File a free complaint with the Minnesota DLI. Contact the Department of Labor and Industry online at dli.mn.gov, by phone at 651-284-5075, or in person in St. Paul.
  • File in conciliation court for claims under $20,000. You can represent yourself and filing fees are $75 or less.
  • Talk to a lawyer for large claims or retaliation. Many employment lawyers work on contingency, meaning they only get paid if you win.

Important Deadlines

Deadline What It Means
24 hours If you are fired, your employer must pay final wages within 24 hours of your demand
20 days If you quit, your employer must pay final wages by the next payday (no more than 20 calendar days)
2 years Deadline to file a wage theft lawsuit (3 years if the violation was willful)

Get Help

  • Minnesota Department of Labor and Industry: dli.mn.gov or call 651-284-5075

For more detail: See our full guide on Wage Theft and Unpaid Wages.