Workplace Rights Week: Thank you, Minnesota!
From Sept. 13-19, 2026, staff members from the Department of Labor and Industry's (DLI's) Labor Standards Division, other DLI divisions and work units, and partner offices traveled across the state to directly connect with employers, workers and community organizations.
During the week, the staff members visited 1,612 businesses and 85 community support organizations in more than 60 Minnesota cities.
Staff members shared information about Minnesota workplace rights and responsibilities, answered questions and provided educational materials to workers and employers.
We are grateful to the businesses and community organizations that welcomed our staff members and engaged in conversations about workplace rights and responsibilities. This active participation and collaboration helps to keep workplaces in compliance with labor standards requirements and prevents future violations from occurring.
Labor Standards is available year-round to provide information and educational sessions about Minnesota wage and hour laws.
Thank you to everyone who helped make Workplace Rights Week a success!
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Earned sick and safe time (ESST) topics: ESST application for exempt employees and indeterminate shifts
New ESST administrative rules, effective July 2026, clarify how ESST applies to exempt employees and how employers must calculate ESST deductions for indeterminate shifts, including both full‑shift and partial‑shift absences.
For more information, visit the FAQS about ESST rules webpage.
Minnesota Statutes section 181.9446(c) provides that employees exempt from federal overtime requirements must be credited 40 hours per week for ESST accrual purposes, unless the employee's normal workweek is fewer than 40 hours.
The rule clarifies that when an exempt employee uses ESST for a full workday, employers cannot deduct more ESST hours than the number of hours for which the employee is deemed to work for the purpose of accruing ESST each workday.
ESST deductions for full indeterminate shifts
The new ESST rules clarify that an indeterminate shift includes one defined by business needs rather than a specific number of hours. When an employee misses an entire indeterminate shift, employers must estimate the number of ESST hours to deduct using one of the following options:
- the hours worked by a replacement worker;
- the hours worked during the employee's most recent similar shift; or
- the greatest number of hours worked by a similarly situated employee for that shift.
ESST deductions for partial indeterminate shifts
When an employee starts an indeterminate shift but leaves partway through to use ESST, the employer must first determine the shift's length using one of the above options, subtract the hours already worked and deduct only the remaining hours from the employee's ESST balance.
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Job protections under Minnesota Paid Leave
Minnesota Paid Leave offers payments and job protections to people who need time away from work for their own health or to care for a family member. Paid Leave helps Minnesotans stay financially stable while caring for their own well-being or supporting the people they love. For details about requirements and eligibility, visit the Minnesota Paid Leave webpage.
What job protections do I have under the Minnesota Paid Leave law?
It is against the Minnesota Paid Leave law for employers to:
- retaliate against employees for requesting or obtaining benefits or leave or exercising other Paid Leave rights;
- interfere with an employee's application for benefits or leave or exercise of other Paid Leave rights;
- have their employees waive their Paid Leave rights;
- collect any debts via an employee's Paid Leave benefits;
- fail to pay their portion of employee insurance benefits while an employee is out on leave;
- fail to reinstate an employee to the same or a similar position (in terms of benefits, pay, duties and other terms and conditions of employment); or
- overcharge an employee for the Minnesota Paid Leave premium by either:
- deducting more than 50% of the total premium payment from an employee's wages; or
- deducting premiums that take an employee's wages below the applicable minimum wage.
Find additional information about job protections under Minnesota Paid Leave at dli.mn.gov/paid-leave-protections.
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October featured case
ESST restoration following change in ownership
After purchasing a hospitality business, the successor employer did not carry over ESST accrued by existing employees. In addition, the new employer was not providing ESST.
DLI investigated a complaint it received and the new owner agreed to restore approximately 2,000 hours of ESST for more than 50 employees, notified staff members of their ESST rights and agreed to retroactively pay ESST to employees who were not paid for ESST-covered absences after the business was purchased.
Question of the month
What should I do if I think I am owed back wages from a Labor Standards investigation?
As a result of Labor Standards' wage theft investigations, many employees receive back-wage checks mailed by DLI.
However, in certain situations, Labor Standards is unable to locate every employee who has been issued a back-wage check. In accordance with state law, DLI forwards all unclaimed back-wage checks to the Minnesota Department of Commerce as "unclaimed property."
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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