Summary of Minnesota’s new Wage Theft Law The Minnesota Legislature passed and the governor signed a new Minnesota Wage Theft Law. The new law amends existing state labor laws and provides for new wage and hour requirements, protections and sanctions. All provisions summarized below, except for those amending Minnesota Statutes § 609.52 (criminal wage …
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The Timing of Wage Payments. Employers must pay all wages at least every 31 (thirty-one) days and all earned commissions at least every three months on a regular pay day. Wage Theft Protections. The new law makes it a crime to commit “wage theft.” Examples of wage theft include (if done with the “intent to defraud”):
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Information required by the State of Minnesota Wage Theft Law Date on which employment is to begin Notice of rights under the Sick and Safe Ordinance (notice about the employer's sick leave, paid time off, or other time off policy meeting sick and safe time ordinance requirements); including (1) the method of accrual (e.g. rate at which time off is accrued per pay period or the …
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Minnesota Wage Theft Law Takes Effect on July 1, 2019 June 23, 2019 by V. John Ella The State of Minnesota has enacted legislation to prevent “wage theft” that will require employers to take specific steps when it goes into effect on July 1, 2019. The requirements apply to employers in Minnesota with 10 or more employees.
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Employee Notice. The new Wage Theft Law requires employers to provide employees, at the start of their employment, a written notice with information about their employment status and terms of employment. Employers may use the state-provided form, which can be found here, or create their own form. The notice must contain the required information as well as a statement …
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The new wage theft law in Minnesota authorizes the filing of a civil action or civil penalties against an employer. Thus, employers in Minnesota can end up facing enforcement actions, civil penalties, and/or lawsuits if they do not provide wage notices to their employees. Why Wage Notice is Important to Restaurant Workers
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Email us. Steps for filing a wage claim. 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.
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Minnesota’s New Wage Theft Laws Mean Changes for Earning Statements, Record Keeping, etc. Updates to Minnesota’s wage theft laws went into effect on July 1, 2019. The Legislature amended the state’s existing labor laws to prevent wage theft and provide new wage and hour requirements, protections, and sanctions.
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Wage theft is now punishable by imprisonment of up to twenty years and a fine of $100,000 for wage theft in excess of $35,000, ten years and a fine of $20,000 for wage theft exceeding $5,000, and five years and a penalty of $10,000 for wage theft exceeding $1,000. Earnings Statement
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The new wage theft law creates additional protections for employees, including potential criminal liability for employers who engage in wage theft. While not intended to be exhaustive, some of the most significant new requirements with which Minnesota employers will need to comply as of July 1, 2019, are discussed below.
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As everyone is focused on the new Families First Coronavirus Response Act (“FFCRA”), don’t forget that the Minnesota Wage Theft Prevention Act requires employers to distribute written notices to new employees that contain specific information such as wage rates and information about paid time off.
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making it appear in any manner that the wages paid to any employee were greater than the amount actually paid to the employee If the value of wage theft exceeds $35,000, a person may be sentenced to prison for up to 20 years, a fine of up to $100,000 or both. The wage theft protections apply to actions that occur on or after Aug. 1, 2019.
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A few more pieces have been added to the jumble that is the new Minnesota Wage Theft Statute. The requirements of this new law can be divided into three categories: (1) the written Wage Notice that must be provided; (2) the written Wage Statement to employees, and (3) the additional information that must be included in employee wage records to stay in …
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Employers are also required to provide employees in writing any changes to the information in the notice before the date the changes take effect. Employers may use the example notice or create their own. In Minneapolis, employers may have additional wage theft requirements under the city's Wage Theft Ordinance. Employee notice example (PDF)
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Criminal rules and penalties of the law took effect on August 1, 2019. Minnesota employers who commit wage theft might be subject to jail time and hefty fines. The largest penalty is 20 years of jail time and a fine of $100,000. For more information on penalties for not complying, consult the state. How to avoid wage theft
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New Minnesota Wage Theft Law. The following is an update from Gislason & Hunter LLP’s Employment, Labor and Benefits Practice Group regarding legislation passed by the State of Minnesota at the end of the 2019 Legislative Session. The laws discussed below were passed as Chapter 7 of the 2019 Session Law. The civil provisions go into effect
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“Wage theft” has been added to the criminal definition of theft under Minn. Stat. § 609.52, subd. 2(19), and sanctions for committing wage theft are: • Imprisonment for not more than 20 years, payment of a fine of not more than $100,000 or both if the value of the wages stolen is more than $35,000.
Employers may use the example notice or create their own. In Minneapolis, employers may have additional wage theft requirements under the city's Wage Theft Ordinance. If playback doesn't begin shortly, try restarting your device.
It is currently unclear whether the new requirements will take effect July 1 or August 1, 2019, so it is imperative that employers prepare now. Section 609.52 of the Minnesota Statutes (the criminal statute for theft) was amended to make clear that prison time can be imposed for wage theft.
The ordinance took effect on January 1st, 2020. The City’s wage theft prevention ordinance additionally requires employers in Minneapolis to provide sick and safe time accrual and use balances on all earnings statements, and distribute a Minneapolis labor poster to all new hires. Preventing wage theft: What employers need to know