Hiring

Advertising

What are the requirements relating to advertising open positions?

There is no constabulary that specifically governs the advertizement of open up positions in Minnesota. However, employers should be careful not to utilize any language that could exist interpreted every bit discriminatory nether state or federal constabulary.

Background checks

What can employers do with regard to background checks and inquiries?

(a) Criminal records and arrests

Minnesota has a "ban the box" law which prohibits all employers from inquiring about, requiring disclosure of, or because an applicant's criminal tape or criminal history during the initial stages of the hiring process. However, one time an employer selects an bidder for an interview or makes a conditional offer of employment, the employer may then inquire about the applicant's criminal history (Minn. Stat. § 364.021).

State constabulary also mandates that employers of certain employee categories conduct criminal background checks earlier hiring applicants. These include healthcare workers, public schoolhouse employees, apartment managers, and employees who have direct contact with persons served by state-licensed programs (Minn. Stat. §§ 144.057, 123B.03, 299C.66 to .71, 245C.03).

(b) Medical history

Covered entities, including employers, labor organizations, and employment agencies, cannot conduct a medical examination or ask a job applicant questions about an employee'south concrete or mental impairments or health earlier making a job offering. Any post-offer inquiry or exam must screen for essential job-related capabilities merely (Minn. Stat. § 363A.20, subd. 8).

(c) Drug screening

Minnesota's Drug and Alcohol Testing in the Workplace Act is one of the most restrictive drug and alcohol testing statutes in the United States. Employers must have a policy that strictly complies with the act, and any testing must carefully follow the process outlined in the deed or else the test will exist invalid and the employer may be liable for damages to an employee harmed by an unlawful exam. An employee who has a kickoff positive exam must be given the risk to consummate treatment. In addition, an employee may not be fired for a first positive test unless the employee refuses to seek treatment or fails to successfully complete a handling programme. Testing may exist performed in the following circumstances:

  • pre-employment testing for applicants;
  • with reasonable suspicion;
  • treatment programme testing;
  • routine physical examination testing; and
  • random testing for safe-sensitive positions (Minn. Stat. § 181.950-.957).

(d) Credit checks

Minnesota'south Access to Consumer Reports Human action (Minn. Stat. § 13C.001 – 13C.04) regulates an employer's employ of credit reports, similar to the federal Off-white Credit Reporting Act. Minnesota requires that a prospective employer clearly and accurately notify applicants in writing if they will be the subject of a consumer credit report prepared past a consumer reporting agency. The disclosure must include a box that the applicant can check to receive a copy of the report. Additional notification is required if the report is used to make an adverse determination, such equally refusing to hire the bidder. An employer is required to pay for the toll of any credit cheque on a current or prospective employee.

(east) Immigration status

As of the end of 2017, there is no Minnesota law that restricts an employer's ability to ask nigh the lawful work status of a potential employee.

Minnesota requires that whatsoever contractor or subcontractor of the land which has been awarded a contract in excess of $l,000 must use the E-Verify federal system to verify employee work eligibility (Minn. Stat. § 16C.075).

(f) Social media

Equally of the end of 2017, there is no Minnesota law that specifically restricts an employer's ability to view potential employees' social media information. Notwithstanding, Minnesota does have a Lawful Consumable Products Deed, which generally prohibits an employer from taking whatsoever adverse activeness against an applicant or an employee for the use of lawful consumable products (e.g., alcohol or tobacco) while off the employer'due south premises during non-working hours. Thus, employers should be cautious about taking any adverse employment action based on an individual'southward lawful employ of consumable products which may accept been viewed on social media (Minn. Stat. § 181.938).

Employers are also cautioned non to restrict employee utilize of social media in such a way every bit to violate the National Labor Relations Human action.

(g) Other

Non applicable.

Wage and hour

Pay

What are the main sources of wage and hour laws in your state?

The Minnesota Fair Labor Standards Act (Minn. Stat. § 177.21 to 177.35) sets forth minimum wage and overtime payment requirements, exemptions from the act, and required rest and meal breaks nether Minnesota constabulary.

What is the minimum hourly wage?

As of January 2018, the state minimum wage for large employers (ie, those with an almanac gross revenue of $500,000 or more) is $ix.65 per hour, and $7.87 per hour for minor employers (ie, those with an annual gross revenue of less than $500,000). The minimum wage in subsequent years volition be adjusted for aggrandizement by the Commissioner of Labor according to a formula set forth in the statute, and a new rate will take effect on Jan i of each subsequent year (Minn. Stat. § 177.24, subd. i(b)).

Minneapolis has a minimum wage ordinance that requires a higher minimum wage exist paid than what is required by state law to all employees who piece of work within the city. Minneapolis requires that employees of a large business (over 100 employees) be paid $10 per hour for all work performed within the city. Equally of July 1 2022 the minimum wage for employees of a large business will increase to $11.25 per hour, and the minimum wage for employees of a small business (100 or fewer employees) volition be $10.25 per hour. The ordinance requires an increase in the minimum wage every year until the minimum wage reaches $15 per hour (Minneapolis Lawmaking of Ordinances, Title two, Chapter twoscore, Article 40.320-forty.450).

What are the rules applicable to final pay and deductions from wages?

An employer must pay a discharged employee all unpaid wages due within 24 hours of an employee's need. An employer that fails to pay inside this 24-60 minutes period may be liable for a penalty of up to 15 days of boosted wages (Minn. Stat. § 181.xiii).

An employer must pay an employee who resigns on the first regularly scheduled payday afterward the concluding day of employment (Minn. Stat. § 181.14).

An employer more often than not may non make any deductions from an employee's wages except every bit authorized by statute for items such as required tax deductions (Minn. Stat. § 177.24, subd. 4). However, an employer may make deductions for items such as matrimony ante, insurance premiums, group annuities, contributions to a credit union, clemency, political action committee, or an employee stock purchase or savings plan, and then long as the employee provides a written agreement allowing for the deductions (Minn. Stat. § 181.06, subd. 2).

An employer may generally deduct, without any understanding, the price of certain uniform and equipment expenses, upward to $l, with certain additional restrictions for motor vehicle dealers (Minn. Stat. § 177.24, subd. 4).

An employer must withhold amounts ordered for kid support and spousal maintenance, every bit ordered by law (Minn. Stat. §§ 518A.73, 518.552, 518.58, 518.581).

Minnesota generally prohibits an employer from deducting the value of lost, stolen or damaged property, or any debt owed to the employer, from an employee'due south wages unless the employee authorizes the deduction in writing after the loss has occurred or the debt has arisen (Minn. Stat. §181.79).

Hours and overtime

What are the requirements for meal and rest breaks?

Minnesota law requires that an employer allow each employee a break to use the restroom once every four hours (Minn. Stat. § 177.253).

An employer must permit each employee a meal suspension for every eight consecutive hours worked, but the pause need not be paid (Minn. Stat. § 177.254). The employee must be completely relieved of duties for the purpose of eating a repast; 30 minutes is the amount of time that is typically expected, unless the employer can demonstrate that special conditions justify a shorter fourth dimension flow (Minnesota Rule 5200.0120;Frank v. Gold'northward Plump Poultry, Inc., 2007 WL 2780504, *9 (D. Minn. 2007)).

What are the maximum hour rules?

Minnesota has no maximum hour piece of work rules, except for minors.

How should overtime exist calculated?

In Minnesota, an employee must receive overtime at one-and-a-one-half times the employee's regular rate of pay for all hours worked in excess of 48 in a week (Minn. Stat. §177.25, subd. i). Because the Federal Fair Labor Standards Deed requires overtime for all hours worked in excess of twoscore hours in a working week, the 48-hour threshold for overtime under the Minnesota Fair Labor Standards Act applies only to those smaller employees not covered past the act.

What exemptions are there from overtime?

Minnesota exempts executive, administrative, professional person and sales employees, like the Federal Fair Labor Standards Act (Minn. Stat. § 177.23, subd. 7(6)). Because Minnesota has non adopted the U.South. Department of Labor'due south 2004 regulations, the Minnesota regulations implementing white collar exemptions are like to the pre-2004 Fair Labor Standards Human activity regulations (Minn. R. §§ 5200.0190 to 5200.0210). Minnesota has also adopted many of the same miscellaneous exemptions as the Fair Labor Standards Act (Minn. Stat. § 177.23, subd. 7).

Record keeping

What payroll and payment records must be maintained?

At the end of each pay flow, an employer must provide a statement of earnings for that pay period. The statement must include:

  • the employee's name;
  • the rate of pay;
  • the total number of hours worked, unless exempt;
  • the total corporeality of gross pay earned during the period;
  • a list of all deductions from pay;
  • the total amount of cyberspace pay earned during the menstruum;
  • the engagement the payroll menstruum ends; and
  • the legal proper name of the employer and the operating proper noun, if different from the legal name (Minn. Stat. § 181.032).

Pursuant to Minn. Stat. § 177.30, Minnesota too requires that an employer continue, for at least three years, the post-obit for each employee:

  • name, accost, social security number, and occupation;
  • rate of pay, all deductions, and amounts paid for each pay period; and
  • start and terminate hours worked each day and working week.

Additional requirements are imposed on employers that perform work on a public works project funded at to the lowest degree in role past state funds (Minn. Stat. § 177.30(a)(iv)-(5)).

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