Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you file a lost wage claim with the Minnesota Department of Labor and Industry (DLI), you must identify your employer by its legal entity name as registered with the Minnesota Secretary of State. A “doing business as” (d/b/a) name is simply a trade name under which the legal entity operates. Using only the d/b/a on your claim can lead to delays or rejection.
Under Minn. Stat. § 176.011, subd. 14, “employer” includes any person or entity that controls the payment of wages. Additionally, the Minnesota Unpaid Wage Act (Minn. Stat. § 181.79) requires employers to pay wages promptly. A mismatch between the name on your documents and the name you use on your claim can slow enforcement of these rights.
Follow these key steps to ensure accuracy:
- Verify the legal name: Go to the Minnesota Secretary of State’s Business Filing portal (mblsportal.sos.state.mn.us) and search the d/b/a. Note the exact registered name (e.g., “ABC Food Services, Inc.”).
- Complete the DLI claim form: On the form, list the registered legal name. In parentheses, add the d/b/a to ensure the agency links both names (for example, “ABC Food Services, Inc. (d/b/a XYZ Café)”).
- Attach supporting documents: Include copies of pay stubs, business correspondence, or the certificate of assumed name showing the link between the d/b/a and the legal entity.
- Amend if necessary: If you already filed under the d/b/a alone, contact DLI immediately. Request an amendment or submit Form FR2 (Supplemental Information) to correct the employer’s name.
- Monitor agency communications: Watch for any requests from DLI for clarification. Respond promptly to avoid delays in processing your lost wage claim.
Helpful Hints
- Always copy your documents before submitting—keep originals safe.
- Use exact spelling and punctuation as listed in the Secretary of State’s database.
- If the employer operates under multiple d/b/a names, list all to cover every potential alias.
- Contact DLI’s Wage and Hour unit at 651-284-5075 or wage‐hour.dli@state.mn.us to clarify naming issues.
- Consider consulting an employment attorney if discrepancies persist or if you face repeated delays.