Wage and Hour Bulletin

June 2025

Wage claim process — what to do if you are not paid

Summer is here and, as the season heats up, it is good time to remember every worker deserves to be paid fully and fairly. This month, we are focusing on your rights to wages, final pay, legal deductions and break time for lactating workers. If you have not been paid all the wages you have earned, you have the right to file a wage claim with the Minnesota Department of Labor and Industry's (DLI's) Labor Standards Division. Common reasons for filing a wage claim include: missing regular wages or overtime pay; not receiving your final paycheck; and unauthorized deductions.

Wage payment and deduction process

1. Were you fired or let go?
   • Did you submit a written request for wages?
     • Yes → Employer must pay within 24 hours.
     • No → Employer must pay on the next scheduled payday.

   • If the payday is within five days of your last workday → Employer has up to 20 days to pay.

2. Are you currently employed?

   • Yes → Employer must pay you at least once every 31 days.

   • If a paycheck is missing, but it has been fewer than 31 days, DLI might not accept your claim.

3. Did you receive deductions from your pay?

   • Yes → Employer cannot make deductions without prior written authorization from you.

4. Was your pay reduced?

   • Yes → Employer must provide written notice before making changes.

How to file a wage claim

1. Contact the Labor Standards Division
   • Call 651-284-5075 or email [email protected].
   • An investigator will respond within three business days.
2. Submit details to complete a claim intake
   • Provide your employer's details, pay rate, unpaid work dates and amount, deductions (if any), last workday and wage request date (optional).
3. Investigator review
   • The intake information is submitted for supervisor review; stay available for follow-up.
4. Claim assignment
   • The supervisor assigns the claim to an investigator; the employer must respond within 10 days.
5. Claim resolution
   • The investigator works to resolve the claim; expect a results letter. Claims take about 21 days typically, but the timing may vary.

We have recently updated our wage claim webpage to make it easier to understand your rights and how to file a claim.

Know what can be deducted from your pay

Employers are not allowed to take money from your paycheck unless it is legally required (such as taxes) or you have signed a written agreement beforehand.

Common legal deductions include:

• taxes and Social Security withholdings;
• court-ordered garnishments; and
• voluntary deductions (health insurance or retirement plans).

Employers cannot deduct for mistakes or broken equipment unless you agreed to it in writing after the loss occurred. If you believe money has been wrongly taken from your paycheck, file a wage claim at dli.mn.gov/wage-claim.

June featured case

On Feb. 27, 2025, the Labor Standards Division received a wage claim from a worker who had been denied their final commissions. The employer argued that the commissions were not earned due to the employee's termination. As a result, the employee was not paid their final commissions, despite their right to receive all properly accrued wages. A Labor Standards Division investigator took immediate action, conducting multiple phone calls with the employer. Through persistence and thorough discussions, the wage claim investigator successfully secured $36,092.61 in back wages for the employee. This case highlights the importance of wage claim protections and the role of labor enforcement in making sure workers receive their rightful earnings.

Did you recover unpaid wages? Inspire others!

Have you successfully recovered wages through a claim? We would love to hear your story! Your experience can help others understand the process and encourage them to seek the pay they deserve. Share your story and inspire change.

WESA quiz follow-up:  Breaks for lactating workers

Last month, we shared a quiz about the Women's Economic Security Act (WESA) and we appreciate everyone who participated. This month, we are highlighting a key protection under WESA for new parents:  the right to express milk at work.

Minnesota law requires employers to:

• provide reasonable paid break time each day for an employee to express milk;
• offer a private space, not a bathroom, that is clean, secure and shielded from view; and
• ensure employees are not retaliated against for asking for or taking lactation breaks.

For more information, visit dli.mn.gov/newparents#milk.

Labor Standard Division staff members in Somali media

As part of our outreach to Minnesota's diverse workforce, Somali-speaking Labor Standards Division staff members recently participated in interviews about earned sick and safe time and other workplace rights.

The conversations, conducted in Somali, were designed to help build awareness around the rights all employees are entitled to in the workplace.

• Watch the Somali TV interview.
• Listen to the Part 1 and Part 2 of the KALY Radio interview.

Be a part of Workplace Rights Week 2025

We are planning our second annual Workplace Rights Week (Sept. 21-27, 2025) to help educate Minnesota workers and employers about their workplace rights and responsibilities. In 2024, we visited 1,243 businesses in 29 cities, hosted webinars and joined Lt. Gov. Peggy Flanagan at a worksite event. We are aiming even higher this year! If you want to get involved, email Diana Salas at [email protected] or visit dli.mn.gov/rights-week.

Webinars:  Minnesota ESST and labor laws

1. A guide to earned sick and safe time (ESST)
   • Date:  June 10, from 10-11 a.m.
   • This webinar will provide an overview of the ESST law, including how ESST is earned, used and carried over. The session will also cover technical assistance resources, administrative rules and recent updates.
   • Register for the webinar.

2. Updates to Minnesota labor laws
   • Date:  July 17, from 2-3 p.m.
   • Join us to learn about recent changes to Minnesota labor laws. Topics include:
     • updates to existing labor laws;
     • new laws over the past two years;
     • ESST; and
     • changes under WESA, including nursing accommodations.
   • Register for the webinar.

Share your perspective on Paid Leave

Are you a worker in Minnesota? The Minnesota Department of Employment and Economic Development wants to hear from you. Wilder Research is conducting interviews with Minnesotans to learn about their experiences and views on Paid Leave. They're looking for input from employees and individuals, not employers. See if you are eligible to participate.

Question of the month

My employer closed its doors without paying my wages. How do I find out if it has filed for bankruptcy?

You can contact the nearest U.S. bankruptcy court clerk's office in Duluth, Fergus Falls, Minneapolis or St. Paul for more information. If the employer has filed bankruptcy, the bankruptcy court clerk's office will give you the name of the attorney handling the case, so that you can contact them and list your name as a creditor. You may contact the clerk of the bankruptcy court to file a preferred wage claim if there are concerns that sufficient funds will not be available to cover your wages as a creditor. Major stockholders, owners and officers of a bankrupt business may be personally liable.

Wage and Hour Bulletin archive

Access past editions of the Wage and Hour Bulletin.

Questions?

Labor Standards serves the people of Minnesota by providing
information about the state's wage, hour and employment laws.

Phone:  651-284-5075 or 800-342-5354
Email:  [email protected]
Website:  dli.mn.gov