Minnesota Employers Are Subject To New Record-Keeping And Notice Requirements

June 19, 2019

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By Brian T. Benkstein

Minnesota employers are subject to several new record-keeping and notice requirements as a result of amendments made to several employment law statutes. The new requirements take effect July 1, 2019.

New “Wage Notice” Requirements

Minnesota Statutes 181.032 was amended to require employers to provide employees with the following information at the start of employment:

  • The rate or rates of pay and basis thereof, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission or other method, and the specific application of any additional rates;
  • Allowances, if any, claimed pursuant to permitted meals and lodging;
  • Paid vacation, sick time, or other paid time-off accruals and terms of use;
  • The employee’s employment status and whether the employee is exempt from minimum wage, overtime, and other provisions of wage and hour laws, and on what basis;
  • A list of deductions that may be made from the employee’s pay;
  • The number of days in the pay period, the regularly scheduled pay day and the pay day on which the employee will receive the first payment of wages earned;
  • The legal name of the employer and the operating name of the employer if different from the legal name;
  • The physical address of the employer’s main office or principal place of business and a mailing address if different; and
  • The telephone number of the employer.

Employers must keep a copy of the wage notice signed by employees acknowledging receipt of the notice. The notice must be provided to each employee in English. The English version of the notice must include text provided by the Commissioner of the Minnesota Department of Labor and Industry that informs employees that they may request, by indicating on the form, the notice be provided in a particular language. If requested, the employer must provide the notice in the language requested by employees. The Commissioner will make available to employers the text to be included in the English version of the notice and assist employers with translation of the notice in the languages requested by their employees. Finally, an employer must provide employees notice of any written changes to the information contained in the notice prior to the date the changes take effect.

New Information Contained In Statements of Earnings

Minnesota Statutes 181.032 currently requires employers to provide certain information to employees at the end of every pay period. However, effective July 1, 2019, the following additional information must be given to employees (if not already):

  • The basis for rate(s) of pay, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission or other method;
  • The physical address of the employer’s main office or principal place of business and a mailing address if different; and
  • The telephone number of the employer.

New Record-Keeping Obligations

In addition to the current requirements of Minnesota Statutes 177.30, employers will be obligated to keep records of:

  • The number of pieces completed at each piece rate, for employees paid on a piece rate basis;
  • A list of the personnel policies provided to the employee, including the date the policies were given to the employee and a brief description of the policies; and
  • A copy of the wage notice discussed above, including any changes to the notice.

Next Steps

Employers should immediately prepare for these changes to Minnesota law. Unfortunately, questions remain about how to interpret many of the new requirements. Please contact a member of the Fredrikson & Byron, P.A. Employment & Labor Group to assist you in navigating compliance and related issues.