o Each deduction for taxes o Total deductions for taxes o Net pay for the week o Dollars contributed per hour for each benefit, including names and addresses of administrator o Benefit account number o Telephone number for health and welfare, vacation or holiday, apprenticeship training, pension or other benefit programs - Any other information the commissioner finds necessary and appropriate to enforce the prevailing wage. Timing for Making Wage Payments (Minn. Stat. § 181.101). The law specifies that employers must pay all wages (salary, earnings and gratuities) to employees at least once every 31 days. All commissions earned must be paid at least once every three months on a regular payday. The new law allows the commissioner to require an employer to pay wages or commissions owed to an employee, pay owed wages or commissions as liquidated damages, pay compensatory damages incurred by an employee, and pay civil penalties for repeated or willful violations (Minn. Stat. § 177.27, subd 2). The commissioner may impose penalties of up to $5,000 for each repeated failure to submit or deliver records required by law and for each repeated failure to keep and maintain the required records. For each day that wages are not paid to an employee in accordance with the commissioner’s order, the commissioner may penalize the employer with the average amount of daily wages for that employee or an amount equal to 1/15th of the commissions earned by the employee. Criminal Wage Theft. (Minn. Stat. § 609.52). The new law defines “wage theft” as not paying an employee the agreed upon wage, earning, or commissions, directly or indirectly causing an employee to give a receipt for an amount more than was paid, directly or indirectly demanding or receiving a rebate or refund for money that was not due, or where the employer attempts to show greater payment to an employee than was actually paid. The punishment for criminal wage theft varies greatly. Penalties range from up to $100,000 in fines and no more than 20 years in prison, to no more than one year in prison and a $3,000 fine, depending on the amount at issue. When determining damages, the law allows the wages to be aggregated for up to six months. Retaliation (Minn. Stat. § 181.03). The new law has non-retaliation protections. An employer who retaliates against employees for asserting rights or remedies under Minnesota’s wage and hour laws may be fined $700 - $3,000 for each violation. Retainage (Minn. Stats. §§ 15.72 and 337.10). Changes to Minnesota laws affecting construction in 2019, the legislature incorporated changes to retainage requirements for both public and private projects in Minnesota. Contact the Minnesota Department of Labor and Industry for specific information.
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