Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice on your situation.
Detailed Answer
1. Understanding Minnesota Wage Laws
Under the Minnesota Payment of Wages Act (Minn. Stat. § 181.01–181.13), employers must keep accurate records of hours worked and wages paid. See Minn. Stat. § 181.03 (recordkeeping) and Minn. Stat. § 181.13 (timely payment).
2. Burden of Proof
If your employer fails to keep proper records, you must provide reasonable evidence of hours worked and pay rate. Once you meet this burden, the employer must prove any alleged discrepancies.
3. Reconstructing Hours and Pay Rate
- Personal records: use calendars, diaries, emails or texts that note work dates and times.
- Third-party records: review bank statements, direct-deposit slips, W-2s or 1099s to estimate pay amounts.
- Witness statements: ask co-workers or supervisors for sworn affidavits about your schedule and duties.
- Industry standards: cite published wage surveys, union agreements or job postings for similar roles.
- Average calculation: total documented hours over a span, then divide by the number of weeks to find a weekly average.
4. Calculating Lost Wages
Use this basic formula:
Average weekly hours × Pay rate = Weekly wage
If your exact pay rate is unknown, substitute:
- Your last known rate.
- The standard rate for similar jobs in your region.
- The rate listed in offer letters or employee handbooks.
5. Filing Your Claim
File a wage claim with the Minnesota Department of Labor and Industry (DLI). Visit dli.mn.gov/worker-protections for claim forms, guides and deadlines. Alternatively, you may file a civil lawsuit in Minnesota state court.
Helpful Hints
- Act promptly: Minnesota generally limits wage claims to two years from the last unpaid wage. See Minn. Stat. § 181.13.
- Start fresh recordkeeping: log your hours and pay each week going forward.
- Preserve evidence: save pay stubs, time-tracking notes, emails and messages.
- Coordinate with co-workers: they may share records or testimony to reinforce your claim.
- Seek legal guidance: an employment attorney can help with complex claims or negotiations.