Chapter 181 — Equal Pay for Equal Work Law

15.001 Application of Laws 2005, Chapter 56, Terminology Changes State agencies must use updated terminology from a 2005 law when they replace printed materials and signs. 181.001 This section has been repealed or is a placeholder. 181.01 Wages of Minors; to Whom Paid A parent or guardian who wants to claim a minor child's wages must tell the employer. If they do not, paying the child … 181.02 Salary or Wages Not to Be Paid by Nonnegotiable Instruments Employers must not require workers to agree to give up their right to collect damages for personal injuries caused by … 181.03 Certain Acts Relating to Payment of Wages Unlawful It is illegal for a Minnesota employer to make it look like an employee was paid more than they actually received, to … 181.031 Employers Not to Accept Consideration for Securing Employment Employers must provide a written notice to each employee at the start of employment listing pay rate, pay schedule, and … 181.032 Required Statement of Earnings by Employer; Notice to Employee Minnesota employers must give every employee a detailed pay stub each pay period showing hours worked, pay rate, … 181.04 Assignment, Sale, or Transfer of Wages; When Not Effective A contract between an employer and employee that waives the employee's right to sue for personal injury is void and … 181.041 Garnishment; Assignment, Sale, or Transfer of Wages; When Not Effective If an employee's wages are about to be garnished (taken to pay a debt), any attempt to transfer, assign, or sell those … 181.05 Consent of Employer to Assignment Required Hotels and restaurants must pay wages at least every 15 days. Any contract allowing less frequent payment is void. 181.06 Assignment of Wages; Payroll Deductions Minnesota limits how far into the future an employee's wages can be assigned or transferred. Any assignment of wages … 181.063 Assignment of Wages, Public Employees Employers must give departing employees copies of any signed non-compete agreements within 15 days of a written request. 181.07 Assignment of Unearned Wages as Security Employers must pay wages by cash or check. They cannot force employees to accept payment at a store or in goods instead … 181.08 Public Service Corporations; Payment of Wages, Requirements An employer who pays workers in unauthorized ways (like merchandise instead of cash) commits a misdemeanor. 181.09 Recovery of Wages, Costs An employer who forces workers to buy goods at a company store as a condition of employment commits a misdemeanor. 181.10 Wages Paid Every 15 Days Employers cannot take a cut of tips that customers give to employees. Tips belong to the worker who earned them. 181.101 Wages; How Often Paid Employers in Minnesota must pay employees their wages at least once every 31 days and commissions at least once every … 181.11 Discharged Employee Must Be Paid Within 24 Hours When a temporary or traveling worker's job ends (whether the work is done, they quit, or they are fired), the employer … 181.12 When employment ends or wages are disputed, the employer must pay within 24 hours of the employee's demand. Failure … 181.13 Penalty for Failure to Pay Wages Promptly When an employer fires an employee, all earned wages and commissions are due right away. If the employer does not pay … 181.14 Payment to Employees Who Quit or Resign; Settlement of Disputes When an employee quits or resigns, the employer must pay all earned wages by the first regular payday after the … 181.141 Sexual Harassment or Abuse Settlement; Payment as Severance or Wages Prohibited Commissioned salespeople must be paid all earned commissions within three days of termination, or on the next scheduled … 181.145 Prompt Payment of Commissions to Commission Salespeople When a commission salesperson's job ends, the employer must promptly pay all commissions the salesperson earned through … 181.15 When Employee Not Entitled to Benefits An employee who quits can demand immediate payment of all wages owed. 181.16 Construction of Sections 181.13 to 181.171 If an employer does not pay a judgment for unpaid wages within 30 days, the employer can be found in contempt of court. 181.165 Wage Protection; Construction Workers Employers who fail to pay employees are guilty of a misdemeanor. Officers of corporations that commit willful violations … 181.17 Employers must pay all wages earned by a deceased employee to the surviving spouse or estate within five days after a … 181.171 Court Actions; Private Party Civil Actions Minnesota workers can sue their employer in district court for wage violations, including unpaid wages, missing pay … 181.172 Wage Disclosure Protection Employers cannot require employees to keep their wages secret. Employees have the right to talk about how much they earn … 181.1721 Attorney General Enforcement The attorney general can investigate and bring legal action against employers who fail to pay wages. 181.173 Salary Ranges Required in Job Postings Minnesota employers with 30 or more employees must include the salary range and a description of benefits in every job … 181.18 Fines collected under sections 181.15 to 181.17 go to the state school fund. 181.19 When multiple people hire workers together, every person in the group is personally responsible for paying all wages … 181.20 Employees can assign (transfer) up to 25% of their earned wages to another person, and the assignment is binding on the … 181.21 No one may charge a fee for helping a worker collect unpaid wages, except licensed attorneys. 181.211 Definitions The commissioner may investigate whether employers have paid all wages owed and may issue orders requiring payment. 181.212 Minnesota Nursing Home Workforce Standards Board; Establishment An employer who receives a wage payment order from the commissioner must comply or request a hearing within 20 days. 181.213 Duties of the Board; Minimum Nursing Home Employment Standards The commissioner can go to court to enforce wage payment orders if the employer does not comply. 181.214 Duties of the Board; Training for Nursing Home Workers Defines key terms used in the wage theft and wage payment enforcement sections. 181.215 Required Notices Employers who commit wage theft can face criminal penalties including fines and imprisonment, depending on the amount … 181.216 Retaliation Prohibited Establishes enhanced penalties for repeated or pattern wage theft violations. 181.217 Enforcement Restitution must be ordered for wage theft victims, and employers cannot retaliate against employees who report wage … 181.22 Employers that loan money to employees may not charge interest on the loans. 181.23 Employers cannot deduct the cost of a required medical exam from an employee's wages. 181.24 Employers cannot charge employees for tools or materials that are required to do the job. 181.25 Penalties apply to employers who violate sections 181.22 to 181.24 regarding interest, medical exams, and tools. 181.26 Employers in the logging industry must pay wages on time. If they fail, employees get a lien on the cut timber. 181.27 Logging employers must pay all earned wages within 24 hours of an employee's demand, or the employee can file a lien on … 181.275 Regulating Nurses' Overtime Minnesota prohibits hospitals and licensed health care facilities from punishing a nurse who refuses to work overtime … 181.28 When a logging employer goes bankrupt, employees can file a lien on the timber within 20 days to secure their unpaid … 181.29 A logging employee's lien on timber for unpaid wages takes priority over other claims. 181.30 The wage lien on timber is enforced the same way as other liens on personal property in Minnesota. 181.31 An employer of minors must allow them to attend school, and willful violation is a misdemeanor. 181.32 The commissioner of labor can investigate and enforce laws relating to the employment of minors and their school … 181.33 This section was repealed in 1974. 181.34 This section was repealed in 1974. 181.35 This section was repealed in 1974. 181.36 This section was repealed in 1974. 181.37 This section was repealed in 1974. 181.38 This section was repealed in 1974. 181.39 This section was repealed in 1974. 181.40 This section was repealed in 1974. 181.41 This section was repealed in 1974. 181.42 This section was repealed in 1974. 181.43 This section was repealed in 1974. 181.44 This section was repealed in 1974. 181.45 This section was repealed in 1974. 181.46 This section was repealed in 1974. 181.47 This section was repealed in 1974. 181.48 This section was repealed in 1974. 181.49 This section was repealed in 1974. 181.50 This section was repealed in 1974. 181.51 This section was repealed in 1974. 181.52 Interference With Employment It is illegal to fire someone or conspire to prevent them from getting a job because they participated in a strike. 181.53 Conditions Precedent to Employment Not Required Employers cannot require job applicants to disclose their strike history or personal records going back more than one … 181.531 Employer-sponsored Meetings or Communication Employers cannot punish workers for refusing to attend meetings about the employer's political or religious opinions. … 181.535 Armed Forces Reserves or National Guard Status Employers cannot ask job applicants about their National Guard or military reserve status with intent to discriminate. 181.536 Posting of Veterans' Benefits and Services Employers with more than 50 employees must display a poster about veterans' benefits and services created by the state. 181.54 Commissioner of Human Services, Safety Inspection Work The commissioner of human services can spend relief funds on safety inspections for employees working on state and … 181.55 Written Statement to Employees by Employers When an employer hires someone to work in Minnesota, the employer must give the employee a written, signed agreement … 181.56 No Statement Given; Burden of Proof If there is no written employment agreement, the employer has the burden of proving the terms of the verbal agreement in … 181.57 Application of Sections 181.55 and 181.56 The requirements about written employment agreements (sections 181.55 and 181.56) do not apply to farm labor, casual or … 181.58 Surviving Spouse Paid Wages Due When an employee dies, the employer must pay up to $10,000 in owed wages directly to the surviving spouse upon request, … 181.59 Discrimination on Account of Race, Creed, or Color Prohibited in Contract All government contracts in Minnesota must include anti-discrimination clauses prohibiting contractors from … 181.60 Definitions Defines 'employer' and 'employee' for the medical examination cost and workplace safety sections (181.60 to 181.62). 181.61 Medical Examination; Records, Costs Employers cannot make employees or job applicants pay for required medical exams or for furnishing records needed for … 181.62 Violations An employer who violates the medical examination cost rules is guilty of a misdemeanor. 181.63 Sale or Use of Silicate, Silica Dust, or Silicon Flour for Certain Purposes It is illegal to sell or use silica dust for molding purposes in Minnesota. The Department of Labor and Industry … 181.635 Recruitment; Food Processing Employment Employers who recruit workers from outside the area to work in food processing (meat and poultry) must give them a … 181.64 False Statements as Inducement to Entering Employment It is illegal for employers in Minnesota to use knowingly false statements to recruit workers, including lies about the … 181.645 Expenses for Background Checks, Testing, and Orientation Employers cannot make employees or job applicants pay for background checks, credit checks, orientation, or required … 181.65 Penalties Anyone who uses false or deceptive advertising to lure workers into jobs is guilty of a misdemeanor. Workers who were … 181.66 Equal Pay for Equal Work Law; Definitions Defines key terms like 'employer,' 'employee,' 'wages,' and 'rate' for the equal pay for equal work law (sections 181.66 … 181.67 Wage Discrimination Based on Sex; Protection of Employees Involved in Proceeding Employers cannot pay employees of one sex less than employees of the opposite sex for equal work requiring equal skill, … 181.68 Actions; Limitations, Damages, Attorney Fees, Parties, Compromises Employees paid less because of their sex can sue for up to one year of unpaid wages plus additional damages and attorney … 181.69 This section was repealed in 1974. 181.70 Violations Violating the equal pay for equal work law (sections 181.66 to 181.71) is a misdemeanor. 181.71 Citation This section establishes the short title for Minnesota's Equal Pay for Equal Work Law, which is found in sections 181.66 … 181.72 This section was repealed in 1974. 181.721 Construction Bid Equity Contractors who bid on non-residential construction projects must provide workers' compensation and unemployment … 181.722 Misclassification of Employees It is illegal in Minnesota to treat a worker as an independent contractor when that worker is actually an employee. … 181.723 Misclassification of Construction Employees Construction workers are presumed to be employees, not independent contractors, unless their business meets a detailed … 181.724 Intergovernmental Misclassification Enforcement and Education Partnership Act Creates a partnership between state agencies to detect and investigate employers who misclassify workers as independent … 181.725 Intergovernmental Misclassification Enforcement and Education Partnership Establishes the Intergovernmental Misclassification Enforcement and Education Partnership, led by the commissioner of … 181.73 Migrant Labor; Health Insurance Employers with five or more recruited migrant laborers in food processing must provide health insurance during … 181.74 Failure of Employer to Pay Benefits or Wage Supplements, Penalty An employer who fails to make required benefit payments (health insurance, retirement, vacation pay, etc.) within 30 … 181.75 Polygraph Tests of Employees or Prospective Employees Prohibited Employers in Minnesota cannot require employees or job applicants to take a lie detector test (polygraph), voice stress … 181.76 Disclosure of Lie Detector Tests Prohibited No one may disclose that another person took a lie detector test or share the results, except to the person who took the … 181.77 This section was repealed in 1976. 181.78 Agreements; Terms Relating to Inventions An employer cannot claim ownership of inventions you create on your own time, using your own resources, that are … 181.79 Wages Deductions for Faulty Workmanship, Loss, Theft, or Damage Employers cannot deduct money from your wages for lost or stolen property, damages, or debts unless you voluntarily … 181.80 Union Notice of Injury or Death When a work-related death or serious injury occurs, the employer must send a copy of the required report to the … 181.81 Dismissal for Age; Prohibition; Exceptions; Remedies Private employers cannot force employees to retire before age 70, with limited exceptions for high-level executives. … 181.811 This section was repealed in 2003. 181.812 Rules The commissioner of labor may create rules needed to carry out the mandatory retirement age law. 181.82 Benefits Based on Job Performance Prohibited Employers cannot cut off an employee's health insurance, life insurance, or pension benefits based on job performance … 181.83 Corn Detasselers; Termination of Employment When a corn detasseling employer fires, injures, or makes a worker sick, they must provide transportation back to where … 181.84 Corn Detasselers; Work Conditions Employers of corn detasselers must provide drinkable water in the fields that workers can access easily and drink in a … 181.85 Migrant Labor; Definitions Defines key terms for the migrant labor protection laws (sections 181.85 to 181.90), including 'migrant worker,' … 181.86 Employment Statement Employers who recruit migrant workers must give them a written statement of job terms in English and Spanish (or the … 181.87 Payment Terms Migrant workers must be paid at least every two weeks and are guaranteed a minimum of 70 hours of pay per two-week … 181.88 Record Keeping Employers of migrant workers must keep complete wage and employment records for at least three years. 181.89 Civil Actions Migrant workers can sue their employers for violations of the employment statement and payment rules. Courts can award … 181.90 Use Wagner-peyser System Employers who use the federal Wagner-Peyser work clearance system to recruit migrant workers must still comply with … 181.91 Preservation of Existing Remedies The remedies in the migrant labor sections are in addition to any other legal remedies available. 181.92 Leaves for Adoptive Parents Employers who give time off for biological parents must also give adoptive parents at least four weeks of leave to … 181.93 Notice to Employees and Applicants of Bankruptcy Employers must immediately notify all employees in writing when they file for bankruptcy. Job applicants must also be … 181.931 Definitions Defines key terms for the whistleblower protection law (sections 181.931 to 181.935), including 'employee,' 'employer,' … 181.932 Disclosure of Information by Employees Minnesota's whistleblower protection law makes it illegal for employers to fire, discipline, or retaliate against … 181.933 Notice of Termination An employee who is involuntarily terminated can request in writing the reason for the termination, and the employer must … 181.934 Employee Notice The Department of Labor and Industry must create rules for employers to notify employees about their whistleblower … 181.935 Individual Remedies; Penalty Employees harmed by whistleblower retaliation can sue for damages, attorney fees, reinstatement, back pay, and other … 181.937 Reprisals for Failure to Contribute; Civil Action Employers cannot punish employees for declining to make donations to charities or community organizations, including the … 181.938 Nonwork Activities; Prohibited Employer Conduct Employers cannot fire or discipline employees for using lawful products (including food, alcohol, tobacco, and cannabis) … 181.939 Nursing Mothers, Lactating Employees, and Pregnancy Accommodations Employers must provide break time and a private room (not a bathroom) for nursing mothers to express milk. Pregnant … 181.940 Definitions Defines 'employee,' 'employer,' and 'child' for the parental leave sections (181.940 to 181.944). 181.941 Pregnancy and Parenting Leave Minnesota employees are entitled to up to 12 weeks of unpaid leave for the birth or adoption of a child, or for … 181.9412 School Conference and Activities Leave Employees who are victims of domestic violence, sexual assault, or stalking may take reasonable time off to seek safety, … 181.9413 Employers may ask for reasonable documentation when an employee takes safety leave, such as a police report, court … 181.9414 Employees can sue for damages if their employer retaliates against them for taking safety leave for domestic violence, … 181.942 Reinstatement After Leave Employees returning from parental leave must be restored to their former position or a comparable one with the same pay, … 181.943 Relationship to Other Leave Parental leave under section 181.941 can be reduced by other paid leave or FMLA leave the employee takes, but not by … 181.9435 Division; Investigations, Reports Defines terms for the school activity leave and election leave sections. 181.9436 Posting of Law Employers must allow employees up to 16 hours of unpaid leave per year to attend school conferences, classroom … 181.944 Individual Remedies Employees harmed by violations of the parental leave, pregnancy accommodation, or nursing mother laws can sue for … 181.9445 Definitions Defines terms for the pregnancy and parenting leave law. 181.9446 Accrual of Earned Sick and Safe Time Pregnant employees are entitled to up to 12 weeks of unpaid leave for prenatal care, pregnancy, childbirth, and … 181.9447 Use of Earned Sick and Safe Time Employees on pregnancy or parenting leave must be returned to their former position with the same pay, benefits, and … 181.9448 Effect on Other Law or Policy An employer cannot penalize an employee for exercising rights under the pregnancy and parenting leave sections. 181.945 Leave for Bone Marrow Donations Employers with 20 or more employees must grant paid leave of up to 40 hours for an employee who is donating bone marrow. … 181.9455 Defines terms for the voting leave and election judge leave sections. 181.9456 Leave for Organ Donation Employees are entitled to paid time off to vote on Election Day without any penalty. Employees who serve as election … 181.9458 Authorization for Blood Donation Leave Employees can sue for damages if their employer violates the voting leave or election judge leave laws. 181.946 Leave for Civil Air Patrol Service Employers must grant unpaid leave for employees serving in the Civil Air Patrol when called by the state, unless it … 181.947 Leave for Immediate Family Members of Military Personnel Injured or Killed in Active Service Employers with 20 or more employees must grant up to ten days of unpaid leave for immediate family members of military … 181.948 Leave to Attend Military Ceremonies Employees can sue for damages and attorney fees if their employer violates the military family leave or Civil Air Patrol … 181.950 Definitions This section defines key terms used throughout Minnesota's drug and alcohol testing law (sections 181.950 to 181.957), … 181.951 Authorized Drug and Alcohol Testing Defines key terms for the drug and alcohol testing in the workplace law (sections 181.950 to 181.957). 181.952 Policy Contents; Prior Written Notice Employers can only drug test employees under specific circumstances: pre-employment, reasonable suspicion, random … 181.953 Reliability and Fairness Safeguards Drug tests must follow strict procedures including using certified labs, confirming positive results with a second test, … 181.954 Privacy, Confidentiality, and Privilege Safeguards Employees who test positive have the right to explain the result, request a retest at their own expense, and cannot be … 181.955 Construction Drug test results are private data. Employers generally cannot share them except with the employee, a treatment … 181.956 Remedies Employers cannot discipline or fire employees solely for testing positive on a drug test the first time; they must first … 181.957 Federal Preemption The drug testing law does not override other employee protections, collective bargaining agreements, or federal testing … 181.960 Definitions This section defines key terms for Minnesota's personnel records law (sections 181.960 to 181.966), including who counts … 181.961 Review of Personnel Record by Employee Minnesota employees have the right to see their own personnel file. The employer must let the employee review it within … 181.962 Removal or Revision of Information If a Minnesota employee disagrees with information in their personnel file, the employee and employer can agree to … 181.963 Use of Omitted Personnel Record Defines key terms for the employee personnel record access law (sections 181.960 to 181.966). 181.9631 Notice of Employee Rights Employers must provide earned sick and safe time to employees. Employees accrue at least one hour of sick time for every … 181.964 Retaliation Prohibited Employees have the right to review their personnel record. Employers must provide access within seven working days of a … 181.9641 Enforcement Employees may sue for damages and attorney fees if their employer violates the earned sick and safe time law. 181.965 Remedies Employers must give former employees a copy of their personnel record within seven days of a written request. 181.966 Additional Right of Access to Records If your personnel file contains a dispute or error, you can submit a written statement to be included in the file. You … 181.967 Employment References Minnesota law limits when a current or former employee can sue an employer over an employment reference. An employer who … 181.970 Employee Indemnification Employers in Minnesota must defend and pay for (indemnify) their employees when the employee is sued for something they … 181.973 Employees who are absent from work to serve on a jury must not be fired or penalized by their employer. 181.9731 Public Safety Peer Counseling Employers cannot refuse to hire or retaliate against employees based on their credit history, with exceptions for … 181.9732 Critical Incident Stress Management Employees can sue for damages if their employer violates the credit history discrimination law. 181.974 Genetic Testing in Employment Employers in Minnesota cannot require genetic testing as a condition of employment, and cannot use genetic information … 181.980 Access to Employee Assistance Records Employees who use an employer's employee assistance program (EAP) have the right to see and copy their own EAP records. … 181.981 Employment of Individual With Criminal History; Limitation on Admissibility of Evidence Limits when an employee's criminal history can be used as evidence against their employer in a lawsuit. If a criminal … 181.985 Workplace Communications Collective bargaining agreements in Minnesota may include provisions about workplace communications related to union … 181.986 Defines terms for the wage disclosure protection law. 181.987 Use of Skilled and Trained Contractor Workforces at Petroleum Refineries Employers cannot fire, discipline, or retaliate against employees for discussing, disclosing, or asking about their … 181.988 Covenants Not to Compete Void in Employment Agreements; Substantive Protections of Minnesota Law Apply Non-compete agreements in Minnesota employment contracts are void and unenforceable. Employers cannot prevent employees … 181.9881 Restrictive Employment Covenants; Void in Service Contracts Employers must give employees advance notice of scheduling changes. Employees have the right to decline additional hours … 181.991 Restrictive Franchise Agreements Prohibited Employees must receive at least one day of rest in every seven-day period. There are exceptions for certain industries …