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Wage and Hour Bulletin: Regulations for final paycheck
Minnesota Department of Labor and Industry sent this bulletin at 04/17/2019 08:25 AM CDT
Wage and Hour Bulletin
April 2019
Issuing a final paycheck
Employers: Avoid making wage and hour violations
Payment due: Employees who quit or voluntarily leave employment are due all wages and commissions on the next regularly scheduled payday. If the payday is fewer than five days from the last day of work, the employer has up to 20 days to make final payment.
Payment due: Employees terminated, laid-off, discharged or fired are due all wages and commissions within 24 hours of a written demand for payment.
Exception: If an employee collected, disbursed or handled money or property, the employer has 10 days after termination to audit and adjust accounts before paying all final wages. Property includes items such as cell phones, computers and vehicles.
Pay rate: Employees must receive their regular rate of pay and agreed upon commissions.
Deductions: Unless a written agreement or court order exists, previous paycheck deductions for uniforms, consumables and travel expenses must be repaid to the employee with the final paycheck. Employers can pursue claims of employee theft or property damage through conciliation court, but not by wage deduction.
Payment method: Employees can specify how they wish to receive payment for their final wages and commissions. If they do not specify otherwise, use the regular method of payment.
Penalties: If the employer is late in paying an employee's wages, it may be liable to pay the employee's average daily earnings for up to 15 days.
Resources
Visit DLI's Employment Practices webpage at www.dli.mn.gov/business/employment-practices for information about final pay regulations, child labor, minimum wage, nursing mother accommodations, overtime, parental leave, payroll recordkeeping and tip regulations, plus other important labor standards issues.
Contact us if you have any questions. DLI's Labor Standards is available from 7:30 a.m. to 6 p.m., Monday through Friday, at 651-284-5075 and dli.laborstandards@state.mn.us.
Invite Labor Standards to meet with your company or business association. We meet with businesses, nonprofits and others to explain Minnesota labor standards law.
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Labor Standards serves the citizens of Minnesota by providing information about the state's wage, hour and employment laws.