Navigating retaliation protections and wage requirements
The Minnesota Department of Labor and Industy's (DLI's) Labor Standards Division ensures workers are paid fairly and employers understand their workplace responsibilities.
This month, we highlight common workplace questions about retaliation and overtime requirements.
Retaliation
Retaliation happens when an employer either threatens or takes negative action against an employee for reporting or discussing labor standards concerns or otherwise exercising labor standards rights.
For example, employees have legal protection from retaliation under many circumstances, including when they:
View additional examples of protected activities at dli.mn.gov/retaliation.
Retaliatory employer actions can include termination, reduced hours, demotion, threats, discipline or other negative actions. Employers are encouraged to foster open communication and ensure employees feel comfortable raising workplace concerns.
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Recent case example
A recent case illustrates how retaliation can occur when employees attempt to use their ESST.
An employee was sick and requested to use their available ESST. The employer denied the request and required the employee to attend a mandatory meeting. The employee reported to work, was too sick to stay and needed to go home. A few hours later they received a termination message via email.
Just days later, a second employee of the same employer requested ESST to take their partner to the hospital and was terminated that same afternoon.
The Labor Standards Division concluded ESST-related retaliation occurred in both cases and settled the violations with the employer for $30,000 total in lost wages paid to the impacted employees. The employer was also required to update its employee handbook and provide updated ESST notices.
Overtime requirements: Ensure compliance for your business and your employees
The Labor Standards Division often receives questions about overtime requirements. As Minnesota moves from spring into summer, many industries enter their busiest months, making this a good time to review overtime responsibilities.
Overtime rates must be at least one-and-a-half times the employee's regular rate of pay. Overtime is based on actual hours worked in a seven-day workweek, so holiday hours, vacation time and sick leave are not required to be counted toward overtime, but may count under certain employer agreements and contracts.
Both federal and Minnesota law require employers to pay overtime, but the requirements differ.
- Under the federal Fair Labor Standards Act, certain employers -- including businesses engaged in interstate commerce or with more than $500,000 in gross annual sales -- must pay overtime for hours worked over 40 a workweek.
When both federal and Minnesota laws apply, employers must follow the law that is more generous to employees, meaning they must pay overtime for hours worked over 40 in a week.
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Types of workers who are exempt under certain Minnesota laws
Minnesota law includes more than 20 types of workers who are exempt from minimum wage, overtime or other protections under the Minnesota Fair Labor Standards Act. Examples of workers include:
- individuals in executive, administrative and professional roles;
- nonprofit volunteers;
- police and firefighters;
- individuals employed seasonally at carnivals, circuses, fairs or ski facilities; and
- outside salespeople.
For additional examples, visit dli.mn.gov/worker-exemptions.
Positions designated under executive, administrative or professional exemptions must be paid a guaranteed weekly salary and perform certain job duties to be exempt from minimum wage, overtime and other requirements under the Minnesota Fair Labor Standards Act. Related duties and salary requirements are outlined in Minnesota Rules 5200.0180 through 5200.0210.
To protect themselves and ensure their pay is accurate, workers are encouraged to keep their own records of hours worked, including start times, end times and breaks.
Be a part of Workplace Rights Week 2026
DLI has started planning for the third annual Workplace Rights Week, Sept. 13 through 19, 2026. Workplace Rights Week in Minnesota is an opportunity to educate workers and employers about their rights and responsibilities in the workplace. Safe and healthy workplaces are what make our economy and communities strong, and it is important Minnesotans understand their workplace rights and are empowered to assert those rights.
In 2025, DLI hosted the second Minnesota Workplace Rights Week. During the week, DLI staff members: visited 1,470 worksites across the state; attended 13 events with community groups, chambers of commerce, CareerForce centers and libraries; and hosted six webinars and a Facebook Live presentation that engaged 422 participants.
DLI is seeking to partner with you to reach your audience during Workplace Rights Week with a webinar, materials, a presentation or other type of event. If you are interested in participating in educational or outreach activities with DLI or hosting your own event during Workplace Rights Week 2026, email Diana Salas at diana.salas@state.mn.us. Visit the Workplace Rights Week webpage to see what events are already planned.
June and July webinars
- Your job, your rights: Protections under Minnesota's Paid Leave law, June 10, from 2-3 p.m. Register for the webinar.
- Working hard this summer? Know your rights on overtime and gratuities and general information about wage theft, July 8, from 10-11 a.m. Register for the webinar.
June featured case
The Labor Standards Division recently handled a case involving an employee who was not allowed to express milk at work as needed and was required to make up work time she used to pump. The Labor Standards Division educated the employer about Minnesota's law allowing employees to express milk at work without a reduction in their pay and reviewed the employer's employee handbook for compliance.
As a result of DLI's intervention, the employer adjusted the employee's schedule and duties to allow her to express milk as needed and did not require her to make up the time.
Questions of the month
Wage and Hour Bulletin archive
Access past editions of the Wage and Hour Bulletin.
Questions?
The Labor Standards Division serves the people of Minnesota by providing
information about the state's wage, hour and employment laws.
Phone: 651-284-5075 or 800-342-5354
Email: dli.laborstandards@state.mn.us
Website: dli.mn.gov
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