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Wage claim

If you haven’t received the wages you are owed, you can file a wage claim. The Minnesota Department of Labor and Industry’s (DLI’s) Labor Standards Division can help you file a wage claim and recover unpaid wages.

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When you can file a wage claim

Situations under which wage claims may be filed include:

  • Fired or let go (with a written request):  If you are fired or let go and request your wages in writing, your employer must pay you within 24 hours (see Minnesota Statutes 181.13).

  • Fired, quit or let go (without a written request):  If you leave your job (whether fired, quit or let go) and did not request your wages in writing, your employer must pay you on the next scheduled payday. However, if that payday is within five days of your last day of work, your employer has up to 20 days to pay you (see Minn. Stat. 181.14).

  • Currently employed:  If you are currently employed, your employer must pay you at least once every 31 days. If you've missed a paycheck but it has been less than 31 days since your last payment, DLI might not accept your claim (see Minn. Stat. 181.101).

  • Deductions:  Your employer may not make any deductions from your wages without prior written authorization from you (see Minn. Stat. 181.79). 

  • Wage changes:  If your employer plans to lower your pay, they must provide you with a written notice of the change before it happens (see Minn. Stat. 181.032).

If any of these apply to you, contact Labor Standards at 651-284-5075 or dli.laborstandards@state.mn.us to file a claim. 

Note:  Wage claims can’t be filed for unused vacation or paid time off hours, mileage, discretionary bonuses or unpaid severance agreements.

How to file a wage claim

  1. Contact Labor Standards:  Call 651-284-5075 or email dli.laborstandards@state.mn.us. An investigator will reach out within three business days.

  2. Complete an intake:  Provide: 

    • employer’s name, address, phone number, email and manager/owner name;

    • your rate(s) of pay;

    • dates worked that were not paid;

    • amount and dates of unlawful deductions, if applicable; 

    • date of your last workday, if applicable; and

    • date you demanded your final wages, if applicable. Note:  You don’t need to make a demand for wages before filing a wage claim.

  3. Investigator review:  The investigator submits your intake for supervisor review. Stay available for follow-up to avoid delays.

  4. Claim assignment:  The supervisor assigns the claim to an investigator, who sends your employer a Notice of Wage Claim, requiring a response within 10 days.

  5. Claim resolution:  The investigator works to resolve the issue. After the claim is closed, you’ll receive a letter with the results and information on legal resources for further action. Wage claims usually take 21 days to close but may take longer, depending on the circumstances of the claim.

How to make a demand for wages

If you were fired, let go or quit and haven’t received your final paycheck, follow these steps:

  1. Write and deliver a letter:  Demand your wages in writing. Labor Standards provides sample letters for both terminated employees (in English and Español) and employees who quit (in English and Español). You may want to use certified mail to confirm receipt.

  2. File a wage claim:  If your employer does not pay you after receiving your letter, contact Labor Standards to file a wage claim. 

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