Wage and Hour Bulletin
November 2025
Wage and hour reminders this holiday season
As the holidays approach, many Minnesota workplaces may experience a seasonal increase in activity. Employers are encouraged to review wage and hour laws to ensure compliance during this busy time.
Overtime pay requirements
- Federal law requires overtime pay for hours worked over 40 in a workweek and applies to most jobs.
- Minnesota law requires overtime pay for hours worked over 48 in a workweek.
- Overtime applies only to actual hours worked, not holiday, vacation or sick leave.
- Most nonexempt employees must be paid 1.5 times their regular rate for overtime hours.
Employers should ensure all hours worked are accurately recorded and overtime pay is provided when required.
Learn more at dli.mn.gov/overtime.
|
Tips and electronic payments
As of Aug. 1, 2024, employees must receive the full tip amount from card or electronic payments.
- Employers can no longer deduct swipe fees.
- These tips must be paid by the next pay period.
There is no tip credit in Minnesota.
- Employers cannot count tips toward meeting the minimum-wage requirement.
- Employees must be paid at least the full minimum wage plus any tips they earn.
Tips are the property of the worker who earns them.
- No employer may require an employee to share a tip with the employer or other employees or to contribute to any tip pool, with limited exceptions.
|
Attend our next webinar: Understanding minimum wage and overtime requirements for workers in Minnesota
Learn about local, state and federal wage laws, including when overtime applies and common exceptions.
Updated minimum wage, Paid Leave posters available
Minnesota's minimum-wage rate will increase Jan. 1, 2026, to $11.41 an hour for all employers. The 90-day training wage for workers under age 20 will increase to $9.31 an hour.
Two updated, mandatory workplace posters are now available:
- the minimum-wage poster; and
Both posters are available in five languages and can be printed or ordered for free from the Department of Labor and Industry (DLI). Posters are available individually or as part of a poster pack.
Reminder: Employers must display required posters where employees can easily see them.
Rulemaking: Earned sick and safe time (ESST)
DLI is proposing new rules to clarify how the state's ESST law is applied. These rules will provide guidance for both employers and employees.
A dual notice was published Oct. 27 stating the rule may be adopted without a public hearing, unless 25 or more people request one.
- The deadline to submit comments or hearing requests is 4:30 p.m.,
Nov. 26, 2025.
- Anyone may submit written feedback or request a hearing.
- This is your chance to help shape how ESST is implemented in Minnesota.
November featured case
DLI recovered more than $163,000 for agricultural workers following violations by R.D. Offutt Farms Co., which operates in more than 10 communities in Minnesota.
During a 2024 audit, DLI found the company failed to provide:
-
ESST to all its employees, and most employees were unable to use ESST during the audit period; and
-
recruited migrant agricultural workers with a written employment statement at the time of recruitment.
The company has cooperated with DLI to resolve the violations, compensate workers and improve its practices.
Question of the month
Do Minnesota employees have the right to see their personnel file?
Minnesota employers are required to provide employees with access to their personnel record upon written request.
- A current employee is entitled to review their personnel record once every six months.
- A former employee may either request to review their personnel file once a year or obtain a copy of their personnel file free of charge once a year for as long as the record is maintained.
As of July 1, 2024, all Minnesota employees have the right to dispute the contents of their personnel record.
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
|
