There are laws in Minnesota that are directly related to paychecks and your employer. Your employer cannot break laws that delay your paycheck or take out money that they are not permitted by law to deduct. As an employee, you have a right to receive your earned wages on your payday. If your paycheck rights have been violated or broken, you may need to file for legal action.
- When Must Paychecks Be Sent Out Under Minnesota Law?
- What Happens to My Paycheck If I Am Fired in Minnesota?
- Can My Paycheck Be Garnished Under Minnesota Employment Law?
- Can I Recover a Withheld Paycheck from an Employer in Minnesota?
- Should I Know Anything Else About Minnesota’s Paycheck Law?
- Where Can I Find the Right Lawyer for Issues with My Paycheck in Minnesota?
Under Minnesota law, most employers are required to pay employees at least once every 31 days. However, employees who are engaged in work of a transitory nature, such as construction or clearing land, are entitled to be paid every 15 days. Of course your employer can choose to pay you more often than that as well. This law applies equally to both salaried employees and hourly employees.
If you are fired, you are entitled to receive your final paycheck within 24 hours of being fired. However, if you quit, you will not receive your last paycheck until the next scheduled payday. Also, if you quit and the payday is less than 5 days after your last day, then you can be paid either the next payday after that or 20 days after you quit, whichever comes first.
Under Minnesota law, it is completely up to the type of employment contract you have as to whether you will be paid for any saved-up paid vacation or sick days. You should carefully look over your employment contract to see what it says with regard to what you are entitled to upon quitting or being fired.
Wage garnishment arrangements allow an employer to take some of an employee’s wages and send them for the payment of outstanding debt (such as for child support, spousal support, and other debt).
The employer will usually transfer the debt payment directly, but they can also sometimes use a third-party agent to process the payments for them. In many cases, a court order may be needed for garnishing wages.
However, your wages can be automatically garnished for cases of unpaid child support, owed taxes, or defaulted student loans. For all other types of debt, your paycheck cannot be garnished without first obtaining a court order.
Also, if you have damaged any property at work, your employer cannot just take money from your paycheck to cover that damage. Employees have to voluntarily agree in writing to allow the deduction.
Your employer cannot deny you a paycheck that you have earned. If you are owed an overdue paycheck, you can file a complaint with the Minnesota Department of Labor & Industry, Labor Standards Unit.
The department will investigate your claim and may suggest a remedy for your losses. It may be necessary to provide documentation of your circumstances, such as pay stubs or work logs.
Also, if your employer is denying you a portion of your paycheck, or if your paycheck is incomplete or partial, it may be necessary to file a wage and hour lawsuit. This will allow the courts to review your circumstances to determine what type of legal remedy best suits you.
In most instances, these disputes have to do with the employee’s hours, wage rates (such as minimum wage violations), tip collections, benefits, and other aspects of their paycheck. This is especially an issue if the violation has occurred multiple times or repeatedly.
Employers can deduct up to $50 from your paycheck without your consent to cover uniforms, equipment, supplies or travel expenses. However, they will have reimburse you the $50 in your final paycheck.
In addition, it is illegal for Minnesota employers to discriminate against employees on the basis of their race, age, sex, national origin, religion, and other categories. For instance, employers cannot deny workers their paychecks simply because they are a certain age or a certain race.
They also cannot provide better treatment, wages, or benefits to other groups of workers based on their membership in a certain category. These laws also apply to the employee’s pregnancy status as well as their medical disability or medical condition.
In cases where discrimination may have been an issue, it is usually necessary to file first with the Equal Employment Opportunity Commission (EEOC). The EEOC will conduct an investigation into the matter and prescribe a remedy for the employee.
If the EEOC’s actions still do not provide a suitable remedy, it may then become necessary to file a private lawsuit to recover damages caused by the discrimination. This can be a complex matter and may require the assistance of a legal professional.
You should contact a Minnesota employment lawyer if your employer is giving you trouble about paying all of your earned wages on time. A lawyer can help you with any paycheck issues you are having.