Yes, it may be possible for a worker to sue their employer for not paying them correctly in Minnesota. If a worker’s employer has not paid them the wages, salary, or benefits that they are entitled to receive in any given pay period, it is considered to be a type of wage theft under Minnesota labor laws and paycheck laws.
There are numerous things that an employer can do that will be considered unpaid wages, such as:
- Taking too much money from the worker’s pay for tips
- Not providing the worker with the right amount of compensation for their earned overtime
- Purposefully not correctly classifying a worker so they do not earn the proper amount of overtime
Wage theft can also be referred to as withholding wages or salary. Employers may incorrectly pay workers in many different ways, including, but not limited to:
- Withholding overtime wages
- Not paying a worker who files for disability
- Administrative or clerical pay errors
- Purposefully miscategorizing a worker so they are not paid the amount they should be
- Not providing a worker the proper minimum wage amount
- Not paying the worker back if they have out-of-pocket expenses
- Making the worker work “off the clock” or failing to pay them for time they were required to work
- Improperly giving or not giving paid leave or other benefits
Minnesota laws and federal laws provide the minimum wage amount that most workers have to be paid. Pursuant to overtime laws, certain workers are entitled to earn overtime pay when they work more than a specific number of hours each day or week.
Some workers may also sign employment agreements or employment contracts. These documents provide what salary or pay arrangement and benefits that a worker earns in exchange for completing their assigned job duties.
If an employer does not pay a worker the full amount of money that they earned or provide all of the benefits they are due under the contract, the employer has breached the employment contract. When this occurs, there may be legal options available for the worker to obtain the compensation they are due.
What Should I Do if My Employer Has Not Paid Me?
A worker may have several legal options available to them in Minnesota if their employer did not properly pay them or provide them with the benefits they are due. If a worker’s employer has not paid them the wages or benefits they earned, the options that may be available often include:
- Filing a wage complaint
- Filing a federal lawsuit
- Getting assistance from a union
Filing a wage complaint
When a worker does not receive proper compensation, one of the first steps they can take is to file a complaint with the Wage and Hours Division (WHD) of the United States Department of Labor. A worker should be aware that there will likely be a statute of limitations, or time limit, that applies to these types of claims.
When a worker files this type of complaint, an investigator will interview the employer and worker, review the worker’s pay records, and determine if labor laws were violated.
Filing a federal lawsuit
There are some situations in which the worker may be able to file a federal lawsuit against their employer. Federal lawsuits can be filed up to two years following the date the worker’s wages became unpaid or the date of the violation.
When a worker’s employer violated the laws purposefully, the statute of limitations will be extended to three years. Workers are not eligible to file federal lawsuits if they already received compensation after filing a complaint with the WHD.
Getting assistance from a union
If a worker is a member of a union, it may be possible for them to resolve their wage issue through a union representative. The union may be able to communicate with the employer to resolve the issue.
For more information on the ways a Minnesota wage claim may be resolved, an individual can reach out to a local Minnesota lawyer.
How Do I File an Unpaid Wages Complaint?
When a worker has a wage issue that is the result of a simple mistake or administrative oversight, it may be possible to resolve the issue through the employer’s Human Resources (HR) department. When the issue cannot be resolved through the HR department, it may be possible for the worker to file a lawsuit.
An employer is legally prohibited from terminating or otherwise punishing a worker who files an unpaid wages claim. When a worker needs to file a claim for unpaid wages, they should follow certain steps, which include:
- Notifying their employer that they have unpaid wages and request proper compensation
- Report their employer’s pay violation of the Fair Labor Standards Act (FLSA) to the Wage and Hour Division (WHD) of the United States Department of Labor
- Submit an unpaid wages claim to a proper government agency, for example, Equal Employment Opportunity Commission (EEOC)
If a worker is unsure what agency they should file a complaint with, a lawyer can help. If their claim is not successful, an attorney can also provide advice about filing a civil lawsuit to obtain the compensation they are due.
When multiple workers have the same issue with an employer, they may be able to file a class action lawsuit. Unpaid wage claims can also involve issues of employment discrimination based on a worker’s gender, race, or other protected characteristics.
How Much Can I Sue for Unpaid Wages?
How much a worker will be able to sue for in an unpaid wages claim depends on the amount of money or the benefits that their employer owes them. In general, a worker may ask for and receive the amount of unpaid wages that they are owed as well as attorney’s fees and court costs.
What Are the Legal Consequences and Remedies for Unpaid Wages?
An employer is not allowed to withhold wages a worker has earned. If this occurs, the employer may face an unpaid wages lawsuit.
The consequences the employer may face in this type of lawsuit include, but may not be limited to:
- Suspension or loss of a business license
- Civil fines
- Reviewing and revising company policies
- Changing the policies that led to the unpaid wages
- Firing the worker or supervisor who was responsible for the unpaid wages issue
- Paying compensatory damages to the worker for their lost wages as well as other costs
In certain situations, compensatory damages will be enough to totally compensate a worker. There may also be additional remedies that are awarded in an unpaid wages claim, including reinstating the worker to their position if they were terminated and requiring the employer to pay punitive damages if their conduct was outrageous and willful.
How Can I Prove an Unpaid Wages Claim?
Unpaid wages claims are typically proven using documents that show the unpaid wages the worker earned. When an unpaid wages claim is filed, it will typically require reviewing documents and records and getting witness statements.
Examples of documents and records that may be used as evidence in these types of claims include, but may not be limited to:
- Pay stubs
- Timesheets
- Receipts
- Tax papers, such as W2s
- Other relevant documents
A worker should always keep a record of the wages and overtime they have earned each pay period even when they do not have a dispute. This way, they will be prepared if an issue with their pay does arise in the future.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
If you are having any issues getting the wages, benefits, or overtime you have earned in Minnesota, you should consult with a Minnesota employment attorney as soon as possible. Your lawyer can assist you with resolving your wage issue and help you obtain the wages and benefits you are owed.
LegalMatch provides free and fast lawyer matching services you can use by submitting your issue in as little as 15 minutes. Typically, you will get responses from member attorneys near you in around 24 hours who can start helping you get the compensation you are owed.
