Restaurant, hospitality workers and employers

Are you a worker or employer in the restaurant or hospitality industry, such as at a bar, fast food, fine dining or catering establishment?

The following is a summary of some Minnesota laws.

• Teens are often employed in the restaurant and hospitality industry. It's important employers understand labor laws that apply to teens. There are both state and federal laws that restrict the number of hours youth can work and prohibit certain hazardous work activities for teens under 16 and teens under 18.

• All workers must be paid at least the minimum wage and overtime pay for all the hours they work. Wages must be paid at least once every 31 days. Final wages must be paid promptly, depending on if the worker quit or was fired.

• Tips received by a direct service employee, such as a server, generally belong to the employee who received them, except under limited circumstances.

• Also except under limited circumstances, employers may not take deductions from an employee's wages for situations involving theft, damage, walkouts, loss or where the employee owes the employer money.

• Employees must get work breaks and rest periods.

• All employers must provide workers with employee notices upon hire and must give workers a written notice or a change notice before any changes to the terms stated on the employee notice take effect.

• Employers must comply with recordkeeping requirements and must provide each employee with a written statement of earnings at the end of each pay period.

• Before an employee is exempt from overtime pay, the employee must meet certain requirements.

• Employers may be required to allow employees to use their accrued benefit time due to the illness or injury of a covered relative under Minnesota’s sick and safe leave requirements. Some cities such as Duluth, Minneapolis and St. Paul have their own sick and safe leave ordinances. Contact your city for more information.

Contact us

Learn your rights and responsibilities. Contact us at dli.laborstandards@state.mn.us or 651-284-5075.

Note:  Federal laws and city ordinances may also apply. Find more information and fact sheets listed by topic on the U.S. Department of Labor and Industry’s Wage and Hour Division's website or contact the Wage and Hour Division at 866-487-9243.