What To Do if Your Employer Shorts Your Paycheck in Minnesota?

It can be frustrating when your employer fails to pay you the full amount you have earned. It can also lead to financial issues like missing payments on your debts. In Minnesota, you have legal rights and recourse if someone “shorts” your paycheck.

This article answers critical questions like, “What happens if I don’t get paid on payday in Minnesota?” “Can an employer reduce your pay in Minnesota?” and “What is the law on the last paycheck in Minnesota?” It also provides steps you should take if you find yourself a victim of wage theft, including contacting a Minneapolis employee rights lawyer if necessary.

Understanding Wage Theft in Minnesota

First, it’s crucial to understand that intentionally failing to pay employees the wages they’ve earned is considered wage theft in Minnesota. This can take many forms, including:

Paying less than the state or local minimum wage
Not paying overtime when it’s legally required
Making illegal deductions from paychecks
Failing to pay final wages on time
Requiring employees to work “off the clock” without pay
Misclassifying employees as independent contractors to avoid wage and hour laws

Minnesota law provides strong protection for workers against these illegal practices.

What To Do If Your Paycheck Is Short

If you discover a discrepancy in your paycheck, here’s a process for addressing the issue:

1. Review your paystub and employment agreement.

Carefully read your pay stub. Ensure that the hours worked, pay rate, and any deductions are accurate. Compare this information with past paychecks, your employment agreement, or any written notice you received about your pay rate and paydays.

Employers in Minnesota are required to provide employees with a written notice at the start of employment that includes details about their rate of pay, how they are paid, and the regular pay period. If there have been any changes to your pay, your employer must provide you with written notice before the change takes effect.

2. Communicate with your employer.

Payroll mistakes happen, so the first step should always be to communicate clearly and professionally with your employer or the payroll department. Explain the discrepancy you’ve noticed and provide any supporting documentation, such as your paystub and your own record of hours worked.

Payroll errors can often be resolved quickly through direct communication. It’s a good idea to do this in writing (e.g., email) so you have a record of your communication.

3. Document everything.

Keep detailed records of everything related to the issue. This includes:

Copies of all paystubs
Records of your hours worked (e.g., timesheets, calendars)
Your employment agreement or offer letter
Any written communication with your employer regarding the issue
Dates of any verbal conversations and the names of the people you spoke with

This documentation will be crucial if you need to take additional action to resolve the issue.

4. Know your rights regarding paydays.

A common question from workers is, “What happens if I don’t get paid on payday in Minnesota?” Minnesota law requires that employers must pay employees all wages earned at least once every 30 days. For most employers, paydays are more frequent (weekly or bi-weekly). If your employer fails to pay you on the regularly scheduled payday, this violates Minnesota law.

5. Understand laws regarding pay reduction.

Can an employer reduce your pay in Minnesota? When talking about hours already worked, no, an employer can’t retroactively reduce your pay for work you have already performed at a previously agreed-upon rate. In addition, Minnesota law requires employers to provide written notice to employees of any changes to their rate or method of pay before the change takes effect. If your pay was reduced without prior written notice or applied retroactively, this could be a violation of your rights.

6. Be aware of the law regarding your final paycheck.

If you have left your job or are considering leaving, you might wonder, “What is the law on the last paycheck in Minnesota?” Minnesota law has specific requirements for the payment of final wages. If you are terminated, your earned wages are due immediately upon your written demand.

If you resign, your final paycheck is due no later than the first regularly scheduled payday following your last day, unless that payday is less than five calendar days after your final day, in which case it can be delayed until the second regularly scheduled payday, but no more than 20 calendar days after you leave. Failure to adhere to these timelines can result in penalties for the employer.

7. File a wage claim with the Minnesota Department of Labor and Industry (DLI).

If direct communication with your employer doesn’t resolve the issue, or if you suspect intentional wage theft, you can file a wage claim with the Minnesota Department of Labor and Industry (DLI). The DLI is the state agency responsible for enforcing Minnesota’s wage and hour laws. You can find information and the wage claim form on the DLI website. The DLI will investigate your claim and can help you recover the unpaid wages. There is no cost to file a wage claim.

8. Consider legal action.

If the DLI investigation doesn’t lead to a satisfactory resolution or the amount of unpaid wages is significant, you may want to consult with an attorney. An experienced Minneapolis employee rights lawyer can advise you on your legal options, which may include filing a lawsuit to recover your unpaid wages, penalties, and potentially attorney’s fees and costs.

Minnesota law allows employees to directly sue their employers for unpaid wages and associated penalties. There are statutes of limitations for filing such claims, so it’s important to act promptly. Generally, you have two years from the date the wages were supposed to be paid to file a lawsuit.

Get Assistance With Pay Disputes From a Minneapolis Employee Rights Lawyer

Navigating wage and hour laws can be complex. If you are wondering, “What happens if I don’t get paid on payday?” or “Can an employer reduce your pay in Minnesota?” consulting with a Minneapolis employee rights lawyer gives you the expert guidance you need to protect your rights and pursue the compensation you are owed.

Our lawyers at Wanta Thome PLC can help you understand the specifics of your situation, advise you on the best course of action, and represent you in negotiations or litigation if necessary. Remember, you have the right to be paid fairly for the work you perform. Don’t hesitate to take action if your employer fails to meet their obligations. Contact us for a free initial consultation.