Minnesota employment rules for employers

Minnesota's state minimum wage is $11.41 per hour for all employers. (Minnesota minimum wage law (DOL WHD state minimum wage table, updated July 1, 2026))

“Minnesota Basic Minimum Rate (per hour): $11.41”

“Minnesota's minimum-wage rate will be adjusted for inflation Jan. 1, 2026, to $11.41 an hour for all employers in the state.”

dol.gov · dli.mn.gov

When an employer discharges an employee, earned and unpaid wages are immediately due upon the employee's demand; if they are not paid within 24 hours after demand, the employer is in default and penalties can accrue. (Minn. Stat. § 181.13(a))

“If the employee's earned wages and commissions are not paid within 24 hours after demand, whether the employment was by the day, hour, week, month, or piece or by commissions, the employer is in default.”

“A terminated employee's paycheck must be paid within 24 hours of the employee's demand for wages (see Minnesota Statutes 181.13).”

revisor.mn.gov · dli.mn.gov

When an employee quits, wages are due by the first regularly scheduled payday after the final day of employment; if that payday is less than five calendar days away, payment may be delayed to the second regularly scheduled payday, but no later than 20 calendar days after the final day. (Minn. Stat. § 181.14(a))

“If the first regularly scheduled payday is less than five calendar days following the employee's final day of employment, full payment may be delayed until the second regularly scheduled payday but shall not exceed a total of 20 calendar days following the employee's final day of employment.”

“If an employee quits, wages are due on the next pay period that is more than five days after quitting. However, wages must be paid within 20 days of separation (see Minnesota Statutes 181.14).”

revisor.mn.gov · dli.mn.gov

In Minnesota, company policy determines when benefits such as vacation are due, including at separation. Once due under the policy or agreement, benefits must be paid within 30 days. (Minnesota Dept. of Labor and Industry, Employment termination (Minn. Stat. 181.74))

“Company policy can determine when any benefits are due, such as vacation, sick leave and severance packages. Benefits are payable within 30 days of when they become due.”

“Any employer required under the provisions of an agreement to which the employer is a party to pay or provide benefits or wage supplements to employees or to a third party or fund for the benefit of employees, and who refuses to pay the amount or amounts necessary to provide such benefits or furnish such supplements within 30 days after such payments are required to be made under law or under agreement, is guilty of a gross misdemeanor.”

dli.mn.gov · revisor.mn.gov

• Accrual: Minnesota earned sick and safe time (ESST): employees accrue at least one hour of paid ESST for every 30 hours worked. (Minn. Stat. § 181.9446)

  “(a) An employee accrues a minimum of one hour of earned sick and safe time for every 30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.”

  “An employee earns one hour of sick and safe time for every 30 hours worked and can earn a maximum of 48 hours each year unless the employer agrees to a higher amount.”

  revisor.mn.gov · dli.mn.gov · verified Sep 24, 2026 · 2 official sources

• Accrued balance cap: Unused ESST carries over, but the total accrued balance may be capped at 80 hours (unless the employer agrees to more). (Minn. Stat. § 181.9446)

  “The total amount of accrued but unused earned sick and safe time for an employee must not exceed 80 hours at any time, unless an employer agrees to a higher amount.”

  “Employers must allow each employee to accrue up to at least 48 hours a year, carried over from year to year, until an 80-hour maximum accrual is reached.”

  revisor.mn.gov · dli.mn.gov · verified Sep 24, 2026 · 2 official sources

• Annual cap: Employers may cap annual ESST accrual at 48 hours a year (more if the employer agrees). (Minn. Stat. § 181.9446)

  “Employees may not accrue more than 48 hours of earned sick and safe time in a year unless the employer agrees to a higher amount.”

  “An employee earns one hour of sick and safe time for every 30 hours worked and can earn a maximum of 48 hours each year unless the employer agrees to a higher amount.”

  revisor.mn.gov · dli.mn.gov · verified Sep 24, 2026 · 2 official sources

• Effective date: Minnesota's ESST law took effect "Jan. 1, 2024". (Minnesota DLI, FAQs: Earned sick and safe time (ESST))

  “Minnesota’s earned sick and safe time (ESST) law has been in effect since Jan. 1, 2024.”

  “Since Jan. 1, 2024, DLI has worked to ensure awareness of and compliance with Minnesota’s ESST law through”

  dli.mn.gov · dli.mn.gov · verified Sep 24, 2026 · 2 official sources

• Employee eligibility: Covered employees are those anticipated to work at least 80 hours a year for an employer in Minnesota (not independent contractors); part-time, seasonal and temporary employees are included. (Minnesota DLI, FAQs: Earned sick and safe time (ESST))

  “An employee is anyone who an employer anticipates works at least 80 hours in a year for an employer in Minnesota but does not include independent contractors. Part-time, seasonal and temporary employees are covered under the law.”

  “are anticipated to work at least 80 hours in a year for an employer in Minnesota; and”

  dli.mn.gov · dli.mn.gov · verified Sep 24, 2026 · 2 official sources

• Employer coverage: Applies to every employer with one or more employees in Minnesota (the federal government excluded); ESST is paid leave for all covered employers. (Minn. Stat. § 181.9445, subd. 6)

  “"Employer" means a person who has one or more employees.”

  “Minnesota law requires employers to provide earned sick and safe time (ESST), a type of paid leave, to workers in the state.”

  revisor.mn.gov · dli.mn.gov · verified Sep 24, 2026 · 2 official sources

Minnesota recognizes only a narrow common-law public policy claim (Phipps v. Clark Oil): an employee fired for refusing to participate in an activity the employee in good faith believes violates a state or federal law, rule or regulation may sue; the Supreme Court has declined to recognize a broader claim for any violation of public policy. (Wredberg v. Canvas Health, Inc., No. A24-1897 (Minn. Aug. 12, 2026), citing Phipps v. Clark Oil & Refining Corp., 408 N.W.2d 569, 571 (Minn. 1987))

“In Phipps v. Clark Oil & Refining Corp., we recognized a narrow common-law cause of action for wrongful discharge based on public policy, even in cases involving at-will employment”

“In Phipps, we recognized a narrow publicpolicy exception to the employment-at-will rule.”

mn.gov · mn.gov

An involuntarily terminated employee may request the reason in writing within 15 working days of termination; the employer must give the truthful reason in writing within 10 working days of receiving the request. (Minn. Stat. § 181.933, subd. 1)

“An employee who has been involuntarily terminated may, within 15 working days following such termination, request in writing that the employer inform the employee of the reason for the termination. Within ten working days following receipt of such request, an employer shall inform the terminated employee in writing of the truthful reason for the termination.”

“An employer must give a truthful reason why an employee was terminated, if requested in writing by the employee within 15 working-days of termination. The employer has 10 working-days from receipt of the request to give a truthful reason in writing for the termination.”

revisor.mn.gov · dli.mn.gov