Minnesota Wage and Hour Lawyer

Does your employer owe you unpaid wages? Are they paying you below minimum wage? If any of these are true, you may have legal recourse to ensure that you are treated fairly as an employee under the law. Get in touch with our team of Minnesota employment lawyers at Capitol City Law Group to learn if you have a valid wage and hour claim on your hands. We will get you paid.

Why Hire Our Wage & Hour Attorneys?

• 30+ years of collective legal experience
• Zealous, trial-tested advocacy and a strong track record
• Free phone consultation

Schedule a case review by calling 651-877-6784 or request one online.

Understanding Minnesota Wage and Hour Laws

Minnesota wage and hour laws are to protect workers from unfair treatment. Large employers in Minnesota must pay at least $10.08 per hour, while small businesses must pay at least $8.21 per hour. Companies with gross revenue of $500,000 or more must also pay $10.08 per hour. Employers must pay overtime at one and a half times the regular hourly rate for hours worked beyond 48 in a week.

To qualify for overtime pay in Minnesota, workers must earn $455 per week or less. Common violations include not paying the minimum wage and not paying overtime. Employers cannot deduct wages for breakages or cash shortages unless the employee has signed a written agreement or if the loss is due to the employee’s intentional actions, gross negligence, or dishonesty.

Minnesota workers are entitled to fair pay, including getting their final paycheck within 24 hours of termination if requested. If a company closes without paying owed wages, employees can look into bankruptcy proceedings to recover what they are owed.

The Role of the Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law that sets rules for minimum wage, overtime pay, and other labor regulations in the United States. The federal minimum wage under the FLSA is $7.25 per hour. This rate applies nationwide. The FLSA requires that non-exempt employees get paid overtime at one and a half times their regular hourly rate for any hours worked over 40 in a week.

Some workers, like executives or administrative employees, might be exempt from both minimum wage and overtime pay under the FLSA. The FLSA doesn’t require employers to provide benefits like vacation or sick pay. It also has rules to protect minors from unsafe working conditions.

While the FLSA sets a federal standard, state laws like those in Minnesota offer more protections. Knowing both federal and state regulations helps you ensure you are fairly compensated. If you think your employer is not following the FLSA, you can take legal action with the help of employment law attorneys to seek justice.

Please note that the dollar amounts mentioned, such as minimum wage rates, are subject to change. For the most up-to-date information, please consult with a legal professional.

How Does Overtime Pay Work for Salaried Employees?

Overtime pay for salaried employees can be a bit tricky because it depends on whether the employee is classified as exempt or non-exempt under the FLSA. Generally, non-exempt salaried employees get overtime pay, while exempt employees do not.

Non-Exempt Salaried Employees: These employees get overtime pay for any hours worked over 40 in a week. The overtime rate is usually one and a half times their regular hourly rate. To find the regular hourly rate for a salaried employee, divide their weekly salary by the number of hours they are expected to work each week. For example, if an employee earns $600 per week and works 40 hours, their regular hourly rate is $15. If they work 50 hours in a week, they should get $22.50 per hour for the 10 hours of overtime.

Exempt Salaried Employees: These employees do not get overtime pay. Exempt status is based on specific criteria set by the FLSA, including job duties and salary levels. Common exempt categories include executive, administrative, professional, and certain computer employees. For example, an executive who earns a salary above the FLSA threshold and has managerial duties may be classified as exempt.

If you are unsure about your classification or think you are owed overtime pay, consulting with an employment law attorney can help clarify your rights and options.

Common Wage Violations in Minnesota

Wage violations are unfortunately common in Minnesota, with many employers failing to follow minimum wage and overtime laws. Common wage violations include:

• Not paying for all hours worked: Employers may fail to pay workers for time spent waiting at the workplace. For example, if an employee is required to be on-site but not actively working, they must still be compensated for that time.
• Unpaid meal breaks: Requiring employees to work during their unpaid meal breaks. For instance, if a worker is asked to handle customer calls during their lunch break without pay, it constitutes a violation.
• Failure to compensate for travel time: Employers who fail to compensate for travel time between job locations or pay flat daily rates without additional overtime compensation are violating the law.
• Wage theft: This includes not receiving your last paycheck or being paid below the minimum wage. An example is when an employer withholds the final paycheck after an employee leaves the company.
• Failure to pay overtime: Paying the standard hourly rate instead of time and a half for overtime hours. For example, if an employee works 50 hours in a week but is only paid their regular rate for all hours, this is a violation.
• Misclassifying workers: Labeling employees as independent contractors to avoid paying proper wages and benefits. An example is when a company hires full-time workers but classifies them as contractors to sidestep overtime and benefits.

Being aware of these common wage violations helps protect your rights.

How Can I Protect Myself from Wage Theft?

Protecting yourself from wage theft starts with keeping detailed records of the hours you work. Make sure to write down when you start and end your shifts, including any breaks. Save your pay stubs and any communication with your employer about your hours and pay. These records will help you if you need to prove you were not paid fairly. Learn about the minimum wage and overtime laws in your state and at the federal level. Knowing what you are entitled to will help you spot any violations.

Being aware of the signs of wage theft can also protect you. If you notice that your paycheck is consistently short, or if you are not being paid for all the hours you worked, these could be signs of wage theft. Other red flags include being asked to work off the clock or not being paid for overtime.

If you think you are a victim of wage theft, talk to your employer first. Sometimes, mistakes happen, and they can be fixed easily. If the problem continues, you should seek legal advice to ensure you get the pay you deserve.

Misclassification of Workers: W-2 vs. 1099

Misclassifying workers as independent contractors (1099) instead of employees (W-2) is a common issue that affects wages and benefits.

W-2 Employees: These are traditional employees who receive a W-2 tax form at the end of the year. Employers are responsible for withholding income taxes, Social Security, and Medicare from their wages. W-2 employees are typically entitled to benefits such as health insurance, paid time off, and unemployment insurance. For example, a full-time office worker who has set hours, receives a regular paycheck, and has taxes withheld by the employer is classified as a W-2 employee.

1099 Independent Contractors: These workers receive a 1099 tax form and are responsible for paying their own income taxes, including self-employment taxes. They do not receive benefits from the hiring company and often have more control over how and when they work. For instance, a freelance graphic designer who works on various projects for different clients sets their own hours, and invoices clients for completed work would be considered a 1099 independent contractor.

The IRS has rules to help decide if someone is an employee or an independent contractor. They look at things like how much control the employer has over the worker and how the worker is paid.

Sometimes, employers misclassify workers on purpose to avoid paying taxes and benefits. This can lead to workers not getting the pay they deserve. Knowing if you are classified correctly is important for your wages and taxes.

If you know the difference between W-2 employees and 1099 independent contractors, you can spot misclassification and take action. W-2 employees get a W-2 tax form, and their employer takes out taxes. Independent contractors get a 1099 form and handle their own taxes. Making sure you are classified correctly protects your rights and ensures you get fair pay.

Preparing for a Wage and Hour Case

If you believe you have been a victim of wage theft or other violations, prepare for a legal case. Start by writing down all conversations you have with your employer about wage issues as this can be important evidence. Collect all relevant documents, like pay stubs and any messages with your employer, to support your claim and help calculate any unpaid wages.

Knowing Minnesota’s wage payment laws helps you spot violations. Employers must keep accurate records of wages and hours worked so you can review the hours you worked against what you were paid. Keeping thorough records and discrepancies will make your case stronger.

What Are the Statutes of Limitations for Wage Claims in Minnesota?

In Minnesota, there are specific time limits, known as statutes of limitations, for filing wage and hour claims. Generally, you have two years to file a claim for most wage violations. However, if the violation is found to be willful, meaning the employer intentionally broke the law, you may have up to three years to file your claim.

It’s important to act quickly because once the statute of limitations expires, you lose the right to pursue your claim. Factors that can affect these timelines include the type of violation and whether the employer’s actions were intentional. For example, unpaid overtime or minimum wage violations typically fall under these statutes.

If you believe your employer has violated wage laws, it’s best to consult with an employment lawyer as soon as possible to ensure you don’t miss the deadline for filing your claim.

Seeking Compensation for Unpaid Wages and Overtime

If you have experienced wage theft or have not been paid properly for overtime hours, seeking compensation is your right. Speaking to coworkers may also strengthen your case if wage theft is common in your workplace.  A wage theft attorney can help you through the legal process and seek justice.

Capitol City Law Group can guide you on potential damages you may recover from employment law cases. The typical duration of a wage theft case can range from nine months to a year and a half. Compensation can be awarded for:

• Past and future wage loss
• Emotional pain and suffering
• Unpaid overtime
• Lost benefits
• Legal fees

Our experienced team will help you understand the full scope of damages you may be entitled to and work tirelessly to secure the compensation you deserve.

Protecting Your Rights Against Retaliation

Reporting wage violations can sometimes lead to employers taking revenge. The Minnesota Whistleblower Act protects people who report illegal activities or violations from employer retaliation. Retaliation can include being fired, demoted, or harassed for speaking up.

These protections cover full-time, part-time, temporary employees, and some independent contractors. Employers who retaliate can face legal consequences like paying damages and reinstating employees.

Knowing these protections lets you report issues without fear. If you experience retaliation, legal action with the help of employment lawyers can help you get compensation and hold employers accountable.

How Capitol City Law Group Can Help

At Capitol City Law Group, we know wage and hour laws can be confusing. We’re here to help you get the pay you deserve. Our seasoned Minnesota employment lawyers in  St. Paul  and Minneapolis handle cases like unpaid overtime and minimum wage violations. We offer a free consultation to review your case and guide you on the best steps to take.

Our team is dedicated to fighting unfair workplace practices and providing you with caring legal support. We represent clients in both state and federal courts to make sure your rights are protected. If you face retaliation for reporting wage theft, our skilled employment attorneys can help.

Why Choose Capitol City Law Group?

Capitol City Law Group stands out for its deep knowledge of wage and hour laws. We focus on your needs, keeping you involved and informed throughout your case. Our team works together to understand and address your concerns.

We respect your privacy and aim for quiet settlements when needed, protecting your interests. Choosing Capitol City Law Group means you’ll get effective legal help from a team committed to getting the best results for you.

Minnesota Employment Lawyers Ready to Recover Your Unpaid Wages and Overtime

If you are owed unpaid wages, unpaid commission, overtime wages, or are having wages unfairly withheld or not paid in full, our Minnesota employment lawyers at Capitol City Law Group, LLC can look over your case and help you get the compensation you deserve.

Contact us at 651-877-6784 to speak with our team about your case!