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Women are
72%
more likely to
live in poverty
than white men in
Minnesota
Single-woman led households are at the
highest risk
of poverty in
Minnesota
In
Minnesota
, women earn
$0.75
for every dollar a white man makes
Women in
Minnesota
are
50%
more likely to earn
minimum wage
than white men
Women in
Minnesota
are
45%
more likely to earn a
tipped wage
than white men
In
Minnesota
, at least
71%
of women are essential to the financial security of their household
Minnesota’s equal pay law requires equal pay for equal work or for jobs which require equal skill, effort, responsibility, and which are performed under similar working conditions, based on sex.[1]
a. Affirmative Defenses: As an affirmative defense, an employer may argue the differential was based on a seniority or merit system, system that measures earnings by quantity or quality of production, or a differential based on a factor other than sex.[2]
b. Retaliation: An employer may not discriminate against an employee regarding hire, tenure of employment, or any term of condition or employment because the employee filed a complaint or testified in an equal pay proceeding.[3]
[1] Minn. Stat. § 181.67, subd. 1 (2022).
[2] Minn. Stat. § 181.67, subd. 1 (2022).
[3] Minn. Stat. § 181.67, subd. 2 (2022).
No. Minnesota’s equal pay law is consistent with federal law.
Yes. Starting January 1, 2025, Minnesota law will mandate all employers with 30 or more employees in Minnesota to include a pay range or fixed pay rate in all job postings.[1] Postings must also include a general description of benefits and other forms of compensation offered.
[1] S.F. 3725, 93rd Sess. (Minn. 2024), https://www.revisor.mn.gov/bills/text.php?number=SF3725&version=latest&session=ls93&session_year=2024&session_number=0&format=pdf.
Yes. An employer, employment agency, or labor organization may not ask about, consider, or require disclosure of an applicant’s pay history for purposes of determining compensation or benefits for that applicant, with some exceptions such as applicant’s whose history is a matter of public record.[1] Notwithstanding the above prohibitions, nothing prevents an applicant from voluntarily disclosing pay history for the purposes of negotiation compensation or benefits.[2] If an applicant does so, the employer, employment agency, or labor organization may consider or act on that voluntarily disclosed salary history information to support a wage or salary higher than initially offered.[3]
[1] Minn. Stat. § 363A.08subd. 8.
[2] Minn. Stat. § 363A.08subd. 8.
[3] Minn. Stat. § 363A.08subd. 8.
Yes. Under Minnesota law, an employer cannot require employees to refrain from disclosing your wage or take adverse against employees for doing so or for discussing another employee’s wages that have been disclosed voluntarily.[1]
[1] Minn. Stat. § 181.172(a) (2022).
No. Minnesota law does not require employers to collect, report, or assess gender-based pay data.
Yes. Minimum wage in Minnesota is above the federal minimum wage and is adjusted to inflation annually.[1]
[1] State Minimum Wage Increases Jan. 1, 2023, Minn. Dep’t of Lab.& Indus. (Aug. 23, 2022), https://www.dli.mn.gov/news/state-minimum-wage-increases-jan-1-2023; Minn. Stat. § 177.24, subd.1(f) (2022).
Yes. There is no tipped wage in Minnesota; employees must be paid the minimum hourly wage plus any tips earned.[1] However, there are still certain minimum wage exemptions for other categories of workers.[2]
[1] Minn. Stat. § 177.24, subd. 2 (2022).
[2] See Minn. Stat. § 177.23, subd. 7 (2022).
Yes. Generally, employers must pay wages at least once every 31 days, on regular paydays.[1]
[1] Minn. Stat. § 181.101(a) (2022).
Yes. At hire, the employer must provide a written notice including, but not limited to, the rate or rates of pay and basis; paid vacation, sick time, or other paid time-off accruals; deductions; and days in the pay period and regularly scheduled pay day.[1] Similarly, the employer must provide an earning statement at the end of each pay period, which must include, among other requirements, the rates of pay, hours worked, gross, pay, and deductions.[2]
[1] Minn. Stat. § 181.032(d) (2022).
[2] Minn. Stat. § 181.032(a)-(b) (2022).
Yes. Minnesota requires overtime, at 1.5 times their regular rate, for non-exempt employees for hours worked in a workweek over 48 hours per week, with certain exceptions.[1] However, many non-exempt Minnesota employees are also covered by the federal Fair Labor Standards Act, under which they are entitled to overtime pay for hours worked in excess of 40 hours per week, at 1.5 times their regular rate.[2]
[1] Minn. Stat. § 177.25 (2022).
[2] 29 U.S.C. § 207(a).
Yes. Minnesota law protects against wage theft. The Minnesota Department of Labor and Industry, on behalf of an employee, or an individual employee in a private action, can bring a claim for wage theft, for the money owed and a penalty.[1] An individual employee in a private action can also seek attorney’s fees and costs.[2]
It is unlawful for an employer to retaliate against an employee for making a wage theft complaint, and for doing so employers may be liable for a civil penalty between $700 and $3,000.[3]
[1] Minn. Stat. §§ 181.101, 181.171; see also Minn. Stat. §177.27, subds. 4, 5, 7.
[2] Minn. Stat. § 181.171, subd. 3.
[3] Minn. Stat. § 181.03, subd. 6.
