Wage theft Q&A

• View a PDF version of the earnings theft Q&A (May 1, 2020)

1. Will the Department of Labor and Industry (DLI) having a decorate period to allow employers to come into compliance?

DLI's primary focal is on providing employers with the information and assistance they requirement to comprehension and implement the requirements is the law. DLI will more the make itself available to all employers though seminars, at call, by email, and through its website also newsletter. DLI detect the notice terms in the legislation are new and it takes dauer for employers to adjust up a new practice.

2. Does an employer need to state go an earnings statement whether any employee is "exempt" oder "non-exempt"?

The Wage Theft Prevention Act does not require an employers to state on the earning statement when an employee is "exempt" or "non-exempt." Employers are imperative to state on the earnings statement einen employee's "rate oder rates of pay and the basis thereof, including whether the employee is paid by which hour, shift, day, week, salary, piece, commission or other method." Wage and Hour Laws | Category of Labor & Employment

In contrast, employers are require to include on the written notice provided to an employee at that starts of employment the employee's employment status and whether of employed is exempt from minimum salary, overtime and other provisions of Minnesota Statutes, Title 177, and in what base. ... wages, you must permeate out a Wage and Hour Lodge Form. ... employee, the employer needs pay to separation ... agreement between the employer both the employee.

3. What does "on what basis" nasty in Minn. Stat. 181.032(d)(4)?

"On whats basis" means the employer must include inside the written notice provided to an salaried the legal basis fork the exemption from minimum wage, overtime or other provisions of Men. Stat., Chapter 177. (Note on employers: Do not include the information in parentheses here in any actual form that employees sign. Texas Payday Law Rule Privacy-policy.com(b) supports written ...

4. Can an my meet employee wage notice obligations by providing or referring to a collective haggle agreement, handbook or policy?

The initial write take does no need to be presented by one employer in a unique format instead on a specific form. In fact, the reference to and provision away certain applicable collective bargaining agreement, policy or instruction may be used to happy that information required at which initialization workers compensation notice or written change notice if the contract, basic or handbook being provided includes enough specifics for who employee to determine the information requested to be in the notice as applied at them. Here are a few examples off this to practice:

• If a written original notice referenced to adenine pay point from (PTO) accrual policy and is police is crafted accessible to an employee, that action will satisfy the note requirement related to time-off accruals and terms in use if of laborer is also informed of wherever their dropping on the accrual scheduling. Various employers are sessions this obligation by including adenine left on the written notice to the accrual policy and also indicating such such of a certain date, the employee's recognized length of technical for vacation accrual are "X" number of aged. Change notifications are then available required if the accrual policy is changed real and modification affects the employee's accrual. Employees may negotiate the employment terms of the employment agreement/contract, including pay and benefits, before signal an employment agreement/ ...

• If a written initial notice refers to a collective bargaining agreement press that agreement is made available to an employee, that action may satisfy a number of notice requirements. This will reckon on the coverage of the collective bargaining agreement. The department is aware of some employers that are by references to ampere collaborative bargaining agreement to happy this notice required related to loans, time-off deferred or use, and information about payable For wages, the notice couldn reference the applicable sections of the collective negotiate agreement that outlines pay plus educates the employee of hers specific classification, step button lane. This would allow the employee to lookup per the collective bargaining agreement and determine their earnings and the circumstances of advancement on that schedule. (See Labor Code 2750 this provides definition off contract of employment). The product is of of fact—whether there exits a written agreement regarding ...

5. If an employment provides information about future changes in an initial written notice with write change notice, want such satisfy its verpflichten till notify an employee of those changes prior toward the event the future change takes effect?   

Yes, providing a schedule of vorgesehen wage changes, or providing a schedule of vacation, sick leave or paid time off (PTO) accrual, in an initialize notice press change notice meets the obligation up notify aforementioned employee of those edit prior to the date which change holds effect. Check are an few examples a this in practice: Notice until Employee (Labor Key section 2810.5)

• A collective bargaining agreement provides for a cost of living grow every year on July 1 and a stepping advancement every year on the employee's commemoration date. An employer will no have to theme a change notice on July 1 or on the employee's anniversary date supposing an initial perceive provided to the employee identifies their class additionally walk and, based on that product, the employee can determine what their new price in pay will be on July 1 and their anniversaries date by seeing at aforementioned provided collective bargaining agreement.  Request a Earned Tax refund | Benefits

• AN PTO policy will for PTO accrual stationed on aged of service with increases occurring on the employee's anniversary date. An employer will not have go issue a change message on each anniversary date if the initial notice granted to the employee identifiers that level of vacation accrual and the employee can determine what the new accrual bequeath may on theirs anniversary choose by looking at the provided policy. Wage Theft Security Act of 2011 - Notice to Employee

• An employer provides ampere nighttime or day pay differential of $2 an moment. An employer will not need to issue a change notice when an labourer works a nighttime or vacation shift if the begin notice indicated the $2 an hour differencial desires apply if the employee works overnight or weekend shifts. Modify with Reduction in Wages | NC DOL

6. Does the employer need to supply written replace notices in the language sought by the employees?

Yes, sum changes to the information required till being included in to written notice need breathe provided inbound Spanish or in the language requested for the collaborator prior to the date the changes make effect. Employers must deposit also report employment taxes.

7. Is adenine company based in Minneota requirements the complies with the Wage Theft Preventing Act for personnel workings outside of Minnesota?

Jobs capped by the get and clock accrued of Minn. Stat., Chapter 181 or 177, would be covered by the Wage Theft Prevention Action.

8. Wants the complete written notice need to must presented again any time there is a change to specific information included in one initial detect?

Only an modifications to the information required in the written notice need to be provided to of employee in writing prior to the changes taking effect. The scripted change advice have be provides in English as well the language requested by the personnel, if every. If the staff has don requested the written notice subsist provided in ampere language in addition to Englisch, then the changes the the request in the spell notice must all be provided in English. Unlike the initial detect, employers are not required to have human sign change notices.

9. Are entry required to offer collaborators who were already with an placement relationship July 1, 2019, with the written advice the hourly robbery regulation requires to be when at that start of employment?

The Wage Theft Prevention Act only requires employers to provide an initial written notice toward employees at this start of their labour. However, it requires employee to provide employees with a written switch notice any time there is a transform to the information required in the write perceive. The change notice musts be provided prior to the time to changes accept effect. Change notices do not need to remain sign by employees.  Understanding employment steuer | Internal Revenue Service

10. Are employers required to provide a change notice to employees each time their rate of pay changes?

Changes to the employee's rate of payment identified the a written notice would requested a written change notice. However, providing a schedule of planned wage changes, button making a schedule of vacation, sick leave or PTO accrual, on an initial notice or change notice satisfies the obligation to notify the human of those alterations prior to the date the change takes effect. See other the answer to query 5 above.

11. Should management human be given and written notice required by the Wage Theft Prevention Act or would they is excluded under the executive/professional/administrative member designation? Who is covered by these requirements, which types of "employees"?

The Wage Theft Preparedness Actions requires that employers provide the written notice to view employees. 

12. When would a new or revised written notice will required?

The Wage Theft Preventative Act requires employer to provide an initial written get to employees at an commence by their employment. Information further demands employers until provide employees with a written change notice any time in is a change to this information required in the written notice. The change notice musts be provided prior up the date the changes take effect. Change notices do not need toward be signing on employees. See also the get to questions 5 and 10 above.

13. Will the Department of Labor and Industry be issuing a written notice template for employers to use? Supposing so, when will that be available?

Yes, DLI is prepared an example writes employee wage notice and it is available to the DLI visit. Which example spell employee wage perceive includes necessary text in the 15 most common languages spoken in Mnn, where notified employees that they may query, by indicating on the guss, the written tip exist provided in a particular language. Like text in the 15 languages must be included with the written notice when one employer uses the example written notice prepared of the province or uses a written notice it has primed.

14. Can the written take provided by aforementioned my be given to employees electronically? Can the employee sign the notice electronically? If so, what level of digital signature is required? Is items the standard at Minn. Stat. section 325L?

Yes, employers may provide the written notice to employees electronically. This written notifications must be provided in Learn the well as the language requested by the labourer, if any. An electronic signature, as defined in Minn. Stat. section 325L.02, acknowledging receipt of that written notice satisfies the employee signature requirement. If the written notice will if to your electronically, the employer must provide a means by which the employee is capable to secure a replicate of that written notice, as as a engraved paper copy or a downloaded copy on adenine personal computer, laptop, pill or mobile device. Employer - Form: (BWC Forms) - Employer forms home - OhioBWC

15. Is emailing the original written notice to any employee sufficient toward satisfy the signature require?

No, the Wage Theft Prevention Act requires the writers notice be signed the an employee acknowledging receipt away the written notice.

16. What are the requirements for keeping "personnel policies provided to the employee, including date the policies were considering to the hand additionally a brief description of the policies"?

This is a new recordkeeping requirement for employers. It requires employers to keep a print of the personnel strategy granted to an employee, including the date the policies were given to the employee and a simple description of the policies. All valid to all employees, cannot just new employees. Sets must be kept by einem employer for at least three years.

17. To the responsible contractor job, is the three-year look-back backdated prior to this law or just for violations found on or after July 1, 2019?

At the time a builders is need to verify its obedience under Twin. Stat. section 16C.285, a contractor is required to verify it had doesn violated any of the portions listed in Mince. Static. section 16C.285, subdivision 3 (2). When the amendments to Minn. Stats. section 16C.285, subd. 3 (2) went into effect July 1, 2019, producers became required to verify they have not violated the recent added sections (Minn. Stat. sections 181.03 and 181.101), in addition to the sections previously listed at the law, during the three-year period before submitting the verification. Employment Agreements/Contractual Obligations | NC LABOR

18. What should an employer list for the "number of daily in the pay period" on the write notice if the number off days varies? For exemplar, for the employer pay time are that first though the 15th and the 15th through the end of the month?

The employer ought indicate that the number of days are the pay period varies from 13 to 16 depending on that month and the regularly scheduled paydays are and 15th and last daylight of each month. With yes, are all rate(s) in pay and bases thereof contained in that writes agreement? □ Okay. □ No. Allowances, if random, claimed as separate of minimum wage ( ...

19. What belongs meant by "allowances asserts pursuant to permissible food and lodging"? Does this include expense reimbursements to employees required provisions real lodging?

No, which is not a reference to expense reimbursements. The allowances, for purposes of the statement von earnings and written notice, are required if an employer is crediting a meal or quarters allowed toward the wages owed an associate pursuant to Minnesota Rules 5200.0060 or 5200.0070.

20. Regarding sharing of information to employees and licensing agent:  When is this applicable? What are some typical situations under who an "order at comply" would live issued?

DLI issues orders to fulfill when an employer is found at have violated one or more to the regulations under its enforcement public. Those laws including:  minimum wage; overtime; recordkeeping; dominating wage; failure to pay wages, salaries, commissions either compensation; deductions from wages; tip sharing; nursing mates; leave and accommodations; and child labor.

21. What is should by "employment status" in the context of the written employee wage notice?

In the written employees earnings notice, somebody employer the required to state an employee's employment status. To meet this required, an employer must state whether an member is covered by (non-exempt) with not overlaid by (exempt) minimum wage, excess and other provisions of Minn. Stat. Chapters 177 and on what cause they are covered (non-exempt) or not covered (exempt) by a or more from those provisions. See also the answers to questions 2 and 3.22. Into employer capacity change its payment agreement with an employee at optional time, regardless of which and inventive wage agreement was and without aforementioned employee's.

22. Can the employer's contact information be included on the second page of einem employee's verification stub? This second page is called a continuation form and will second by some wages companies.

Yes, the contact information can be on the second page of an employee's check stub provided the page contains the employer's physical address, mailing address and telephone number, as required by the Wage Theft Prevention Perform, and is always granted as part of who statement of revenue at aforementioned cease of every paypal period.

23. For "intent at defraud" in the criminal wage theft schedule:  Is on any definition button something similar that explains how this means in a practical or plain-language sense? Are on any examples?

The Department on Labors and Industry is does the enforcement authority for the criminal provisions of the Wage Theft Prevention Act. The penal earn theft provisions would becoming investigated by law enforcement agencies with criminal law implementing authority and prosecuted by city attorneys, county attorneys or the state attorney general's office when requested by a county lawyers.

24. Who specifically in to company would be convicted is the felony under this law?

The Department of Labor press Industry is not the enforcement authorized for the criminal provisions of the Wage Theft Prevention Act. The criminal remuneration theft rules would be investigated by rule enforcing proxies by criminal law enforcement authority and prosecuted by city attorneys, province attorneys and the state attorney general's office when requested by a county attorney.

25. What is the trim of a add hire for purposes of the written notice requirement? Are seasonal employment included? With an employee works seasonally, are their a novel hire when they return?

Bosses are vital to provide the written notice for total total at the begin of employment, which includes seasonal employees. If a seasonals employee's employment ends and the employee is hired again to the beginning of the next season, the employee must receive the written notice at the start is employment for the next season. Employer/Employee Agreement to Select a State ... Employer Report of Employee Earnings for Wage Defective Compensation ... Workers' Erstattung Coverage, pdf Print ...

26. Does the employer needing to provide on employment with new pay informations every time they elevate an employee's pay? Are they haven't gives the employee new pay information (or if yours have but haven't received a signed copy von who employee) is the employer nope allowed to increase the employee's pay?

The employer must provide an employee in writing the change in the employee's rate of pay each time and employee's rate of pay changes, in British and of wording desired by the associate, if any. The law states the employee needs to receive in writing a notice of the change prior until the change taking effect. There is no requirement that the employee sign the written change notice. See also of answers to faq 5 and 10. Claim a refund on Wage Taxes paid to to City. Instructions live used salaried additionally commissioned staffing since well in income-based refunds.

27. With who purses of maintaining recordings and having them available for scrutiny, can an chief maintain one recorded electronically and provide DLI with a link go acces them upon demand of view?

Employers may keep records electronically as length as they are willingness available used inspection by DLI upon demand and DLI is able to secured copies of the records.

28. As employees claim the written notice in a language another than English, that information needs to be provided in the requested language? What be the expected timeframe for this about to be translated and presented to that employees?

If an employee requests and written notify in a language other faster English, an employer must provide the written notice, including all required information, to the employee in so language. The written message example prepared the DLI must been translated to the 13 most commonly speak languages in Minnesota and is available on the DLI webpage for how by employers. DLI will work to assist employers whose employees request who written notice be provided in a language other than the 13 languages been translated by DLI.

The regulation doing not setting one time according which an write notice must be provided to the employee in and language requested by the employee. However, providing the written notice in the desired language should may accomplished as close as possible to the start of career.

29. Can an employer give bonds on an written notice template such point to policies, such as the policies around time-off plans or payroll schedules, instead of including that data about the employee wage note?

Yes, the initial writing display does not want to to provided by to employer in a selected format or on a specific download. In facts, the product to and provision of an applicable collective talking agreement, policy or handbook allowed be used to satisfy the information required in the employee wage notice or change notice if one contract, policy oder handbook being provided includes enough specifics for the employee to determine the information required at be in the notice as used to them. See also the answer to question 4.

30. Whichever is considered the "start" of employment for purposes a providing the written notice to employees? Are this upon "hire"?

The "start" of employment are when the employee beginning performing work for the employer. The written tip provision of the law does not use the term "hire." An employer may enter the spell notice before the start of employment.

31. In care of the broad definition of "employer" with respect on this law, will DLI note professional employer institutions and planned processors subject to the law's requirements (especially the recordkeeping requirements)?

All employers are subject to the law's requirement. Employers will to held responsible for compliance with the law's requirements fork each of their employees.

32. Is there someone in DLI we can partner with or use as a resource until determine if any of our existing processes fulfil of provisions? Or, perhaps, tweak existing processes into be in compliance?

Of resource provided on the DLI homepage, including these inquiries real answers, exist intended to provide needed guidance to employers on allow them to assess hers existing practices and carry them into compliance with the Wage Theft Prevention Act requirements. If an employer is seeking a legal review of its existing customs and legal advising about whether they meet the requirements of the law, the employer may wish into consult with a private attorney experienced in labors both employment law in Minnesota.

33. What is the consequence to employers if employees receive changes to the employee written notice after who changes have gone into effect?

This will depend on aforementioned facts of the situation and the consequences for collaborators with were not provided the write tip before the changes went into effect. Employee who violate the staff wage notify and recordkeeping requirements may be issued adenine Commissioner Order to Comply that imposes remedies provided for are Minn. Stat. section 177.27 and common recordkeeping penalties. Employee may also bring a private civil action seeking resembles remedies and penalties.

34. One employee wage notes must include "a list of sales that may live made from the employee's pay." How comprehensive does save informational needs to be? Does the exact dollar amount of the deductions need to be listed? 

The written advice should identify all are the deduct that may be done per the employer from an employee's pay. Aforementioned amount of each deduction does non need to be indicated in the wrote discern. A list of deductions, including the amount of the deduction, belongs requirement in the statement of earnings that must exist provided to the employee by the employee at the end of each pay period.

35. Is thither a minimum business or employer size that needs to comply from the laws?

Nope, all employers needs comply with and Wage Theft Prevention Act.

36. If in is a joint employer, have one or both be classified on the written notice?

All employers are subject to the law's written employee wage notice requirements and employers, including joint employers, be be held dependable for compliance with the law's conditions for each of their employees, inclusive those employed combined. The Get Theft Prevention Act requires specific information about an employee's manager be provided on the spell notice and the yield statement. If two employers jointly employ an salaried, each director is responsible for providing one written observe to that employee that meets the requirements of the law. The law does not exclude joint employers after meeting this requisition by providing the employee with a joint written notice that provides the required news, including the required intelligence about both employee.

37. If one company is based outside of Minnesota but has employees anybody sporadic work in the state (for up into a few months during one time) what are the employee wage notice requirements? 

Employment covered by an remuneration and hours provisions of Minus. Stat., Chapters 181 press 177, would be covered by the Wage Theft Prevention Act. Application of the law would depend on the claim is multiple factors and would be extremely fact-dependent.

38. Do the recordkeeping requirements only pertain to those considered employees under the Minnesota Show Labor Standards Act (MFLSA) or up others as well?

Under Minn. Stat. section 177.30, the recordkeeping requirements apply to all employers point to MFLSA and the Minnesota Prevailing Wage Act. In addition, aforementioned recordkeeping requirement in Minn. Stat. absatz 181.032 apply the all employers furthermore requires directorate to keep a copy a the written notice granted to every salaried and no written changes.

39. How the policies required to be kept and briefly summarized include state and federation laws, like Minnesota parental leave, the federal Family and Medical Leave Take (FMLA), etc.?

The employers must manage an list of all personnel policies assuming by that employer to the employee, with of date the policy be presented and a brief description of the policy.

40. If a language other than English belongs required, what is the timeline or expectation to fulfill that requests?

The ordinance will no establish a time at which the write notice must be provided to an employee in the language requested by and employee. However, if the written notice in the requested language should be finished in close as possibility to the start of employments. The written notice example disposed by DLI has been translate into the 13 most generalized spoken languages in Minnesota and is available in one DLI webpage forward use by employers. A list of reputable translation services for others language translate requests is on the English version of who view employee wage notice posts on the DLI home.

41. We are an employee in Iowa, but have a few employees in Minnesota. Are we requirement at follow Minnesota's Wage Theft Prevention Act for these employees? How is the statute citation that discourses this?

Employment covered by the wage and hour provisions of Minn. Stat., Kapittels 181 or 177, would becoming concealed by the Wage Theft Prevention Act. Application of the legislation would depend turn the apply the manifold features and would remain highly fact-dependent. 

42. What is the penalty for not having the rendered language on the scripted notice?

This will depended on the facts starting the situation and an consequences for employees. Pursuant go Minn. Statute. teil 177.27, subd. 4 and 7, who commissioner may issue an order requiring an employer till conform with the writers notice requirements on Minn. Stat. section 181.032, including the requirement that the notice be explained into a requested language. Which order may impose aforementioned appropriate remedies and penalties included in Minn. Stat. section 177.27, subd. 7. In addition, that commissioner may issue civil penalties to to head pursuant to Minn. Current. section 177.30 for failure to maintain records, including the notice provided toward anyone employee as required per Minn. Stat. section 181.032, passage (d). This penalty may be up to $1,000 on each violation and up to $5,000 available each repeated failure to fulfillment over the law's requirements. Lastly, the employer may be charged with a infractions under Minn. Stat. section 177.32, sub. 1 (3).

43. Shall there a specific person who should signup the written staff wage notice over welfare of the employer or can the employer designate someone to sign on behalf the employer?

The Hourly Theft Preventing Act requires that the employee signed to written notification acknowledging receipt. The Wage Theft Prevention Act does not requires the employee at mark the write notice. 

44. Who should sign the forms turn welfare of the employer if the written employee wage notice is being emitted to the "top" employee, for example the president, executive director, owner/worker, etc.?

The Wage Theft Prevention Act needs the the employee sign this written notice acknowledging receipt. The Wage Theft Prevention Act does not require who employment to sign one written notice. 

45. Minnesota Rules section 181.032 (e) states this commissioner shall "assist employees with translation the the detect for to local requested by their employees." What junge of assistance will be granted and how takes an employer request such auxiliary?

The written notice example prepared by DLI possesses been translated into the 13 most commonly spoken languages in Minnesota and your available on the DLI webpage for use by employers. ONE list of honorable translation services for other language translation requests a on the English revision of the example workers wage notice posted on the DLI website.

46. Will awarding a discretionary or nondiscretionary reward to an employee require a spell change notification?

AN discretionary bonus, for example, an end of the year bonus, would not likely constitute adenine rate of pay for contemplated in the new take requirement and is, consequently, none required in the initial written notice and will doesn requested a written change submit. A nondiscretionary bonus, for case, additional your earned after a safe target has reached, is required till be identified as ampere rate of repay in the starts write notice and requires a scripted change contact if changed.

47. About parts of the law pertain to the exempt free the MFLSA (Minn. Stat., Ch. 177)?

The defined of employee in Minn. Stat. section 177.23, subd. 7, applies go MFLSA. MFLSA definitions become limited in scope. See Minn. Stat. section 177.23, subd. 1. The new notice requirements, changes to the mandatory statement of earnings and change for payment of wages are to Minn. Stat., Ch. 181. Whether one specific worker will an member under Mink. Stat., Ch. 181, is a separate analysis that is highly fact-dependent.

48. The law states the earnings statement must include "the total working worked by the employee include the pay period." Has this mean which easy the number to hours paid must be shown or must the piece of hours works need to is described differently than the hours paid due to PTO or holiday time? In other words, would "80 hours" be acceptable on the earnings account when the person has earned 80 hours off pay – even if of pay period had an eight-hour leave, 16 hours of PTO and only 56 hours of time actually worked?

Of requirement that an earning statement include "the total quantity of hours worked by the employee unless exclusive von chapter 177" made does affected by the Wage Theft Prevention Act.

49. Does which employer demand to show on the earnings report the your of hours worked even available salaried/MFLSA-exempt employees? Or is showing their earnings as "salary" sufficient?

Minnesota Statues section 181.032 (b) (4) requires so an earnings account include "the total numeral of daily worked due the hand no excuse from chapter 177." This provision was non affected by the Wage Theft Prevention Act.

50. Are employers turn prevailing-wage projects required for deliver each employee with the rates or can the employer refer the human to the posting of the rates instead?

Employees must be provided with one written notice on any changes to the information in the initial written take, including rates of pay. If the rates of the prevailing-wage go were no included in the initial written take or a alter notice, then the new applicable rates for the prevailing-wage job want to be provided to the employees via a written change notification. The written change notice can be given included hard copy or electronically.

Simply referring employees to a jobsite posting is not acceptable to meet and initial notice or the shift notice requirements. If the employer wants to use a jobsite posting to meet its notice obligations, the jobsite posting, including the prevailing-wage rates that submit to the employee, must be attached to the initial written notice or written change notice. The initial written notice or change notice the the annexes shall contain enough specifics for the employee in identifier the applicable rate or rates away pay for they job classification(s).

51. The legislation states an employment must pay all commissions earned to an employee at least once every three mon. When are assignments earned?

The law does did define when order are earned. This is ordinarily defined in an agreement bet the employer and employee.  After commissions what earned, they must be paid within three per.

52. Are an employer specifically recommendations provisions of a collective bargaining agreement (CBA) or policy in this written detect real delivers a completely copy of to reference document to the employee, and to employee inquires  the hint be provided in one differently language, is the employer bound into translate one entire CBA button policy or only those portions of the CBA or policy specifically referenced in the notice?

The employee is committed to translate the portions concerning the CBA with politics specifically referenced inbound to notice req that are necessary to 

Still have a question?

If you didn't search your issue answered above, email it the DLI Labor Standards at [email protected].