Free Minnesota Labor and Employment FAQs | Free Minnesota Labor and Employment Legal Documents

Are Minors Prohibited From Working In Certain Occupations?

Tue, 29 May 2007 21:19:00 GMT

Prohibited occupations for minors under the age of 18 are as follows:

To serve, dispense or handle intoxicating liquors that are consumed on the premises;
To work in rooms where liquor is served or consumed, with the following exceptions: 17yearolds may perform busing or dishwashing duties in a restaurant and 16 and 17yearolds may provide musical entertainment in a restaurant;
Serving or selling intoxicating liquor in a retail liquor establishment by minors less than 18 years of age;
Where chemicals or other substances are present at excessive temperatures or in injurious, explosive, toxic or flammable quantities;
Where explosives or fireworks are manufactured, stored, handled or fired;
In or about logging or lumbering operations; paper mills; saw mills, lath mills, shingle mills; mines, quarries and sand or gravel pits; construction or building projects; ice harvesting operations;
In building maintenance or repair higher than 12 feet above ground or floor level;
In oxyacetylene or oxyhydrogren welding;
On boats or vessels used for commercial purposes, except if performing guide or other nonoperational duties;
Driving buses, cabs or other passengercarrying vehicles as a driver;
In certain railway occupations;
Operating or assisting in the operation of powerdriven machinery, such as forklifts, meat saws and grinders, milling machines, punch presses, press brakes and shears, woodworking machinery;
Operating any nonautomatic elevator, lift or hoisting machine;
Operating, erecting or dismantling rides or machinery in an amusement park, street carnival or traveling show, or in the loading or unloading of passengers on rides;
In aerial or other acrobatic acts;
As a lifeguard, except for a minor with a Red Cross lifesaving certificate that works with uninterrupted adult supervision.

Prohibited occupations for minors less than 16 years of age:

In addition to all of the above:

To operate or assist in the operation of machinery;
Laundry, rug cleaning or drycleaning equipment;
Powerdriven snowblowers, lawn mowers or garden equipment;
Drill presses, milling machines, grinders, lathes and portable powerdriven machinery such as drills, sanders, and polishing and scrubbing equipment for floor maintenance;
Meat slicers, textilemaking machines or bakery machinery;
In oiling, cleaning or maintaining any powerdriven machinery;
In work using pits, racks or lifting apparatus at service stations or in mounting tires on rims;
In a car wash to attach cars to or detach them from mechanized conveyor lines or to operate or contact the car while it is connected to the conveyor;
In any agricultural operation declared by the U.S. Secretary of Labor to be particularly hazardous for employment of children less than age 16;
In or about an airport landing strip and taxi or maintenance aprons;
As an outside helper on a motor vehicle;
Welding, loader or launcher for skeet or trapshooting, manufacturing or commercial warehouse, processing plants;
Lifting, carrying or caring for patients in hospitals or nursing homes;
In walkin meat freezers or meat coolers, except for occasional entrance.

Exceptions:

A 17yearold high school graduate;
A minor employed by a business solely owned and daily supervised by one or both parents;
A minor participating in a stateapproved apprenticeship program or a program approved by the Minnesota Department of Children, Families and Learning;
A minor employed at tasks away from or outside of the area of hazardous operation, equipment or materials.

Are My Unemployment Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Unemployment benefits are considered taxable income for both Federal and State Income Tax purposes. However, no income tax is taken out of your payment unless you tell us to do so in writing. You may elect to withhold Federal income taxes, both Federal and Minnesota income taxes, or no taxes.

If you choose withholding, Federal income taxes will be withheld at a 15 percent rate. Minnesota income tax will be withheld at a five percent rate. This means that a total of 20 percent will be withheld from the payments of those applicants who elect the Federal and State withholding option. You may change your choice on this option once in your benefit year. You will be issued a Form 1099G at the end of January showing the amount of benefits paid to you.

Are There Restrictions On The Hours That A Minor Can Work?

Tue, 29 May 2007 21:19:00 GMT

Children under the age of 16 (ages 14 and 15) cannot work before 7 a.m. or after 9 p.m., more than 40 hours a week or more than eight hours a day. Once they reach the age of 16, they cannot work beyond 11 p.m. on nights before school.

Federal law is more restrictive for children under the age of 16. During the school year, federal law restricts hours to no later than 7 p.m., no more than three hours a day and not more than 18 hours a week.

Can I Receive Benefits While Attending School?

Tue, 29 May 2007 21:19:00 GMT

If you are a post secondary (post high school) student you are eligible to receive benefits if you are available for employment and are willing to quit school to accept suitable employment. If you are not available for employment and/or are unwilling to quit school benefits will be denied. An exception to this rule is if you are in training with the approval of the Minnesota Department of Economic Security Commissioner.

Can I Work Part Time And Still Receive Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes, but you will need to report your gross earnings each week and continue to search for other suitable employment. Gross earnings are deducted in the following way:

If your total gross earnings are equal to or greater than your weekly benefit amount for any week you claim, no benefits are paid for that week.
If your total gross earnings are less than your weekly benefit amount for any week you claim, then the first $50 or 25 percent of your total earnings, whichever is more, is not deducted from your weekly benefit amount. The remainder of your earnings is deducted 100 percent.

You are not eligible for benefits if you work for an employer or in selfemployment 32 hours or more in a week even if your gross weekly earnings are less than your weekly benefit amount.

Can My Employer Fire Me Without Reason Or Notice?

Tue, 29 May 2007 21:19:00 GMT

Minnesota is an employment "at will" state. An employer can fire an employee for any reason as long as that reason is not illegal. If you feel that you were terminated because of discrimination based on race, creed, color, sex, national origin, ancestry, religion, age, disability, sexual orientation, or marital status; contact the Minnesota Human Rights Department at (651) 2965663 or 18006573704.

Do I Need To Report An Employee Who Worked For A Couple Of Hours Or Days And Then Quit?

Tue, 29 May 2007 21:19:00 GMT

If the employee filled out a W4 form and only worked for a few hours, that employee must be reported. Although that employee is no longer with your company, there is useful information that can be obtained, such as home address and work history.

Does My Employer Have To Provide Rest Or Meal Breaks?

Tue, 29 May 2007 21:19:00 GMT

Rest breaks are not required, however you must be allowed time to use the nearest restroom once every four consecutive hours worked. If you work eight or more consecutive hours, you must be allowed sufficient time to eat a meal.

How Do I Apply For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may file an application for unemployment benefits by completing the application online, by calling TELECLAIM, by applying at your nearest WorkForce Center, or by printing and returning the downloadable application form.

You should complete and submit an application for unemployment benefits form as soon as you lose your job or your work hours are reduced (accounts are effective the Sunday of the calendar week in which you return or submit the completed application form).

How Do I Report?

Tue, 29 May 2007 21:19:00 GMT

There are a variety of ways to report new hires, including online reporting, electronic reporting and by mail or fax. For more information on the reporting options available, click here.

How Do I Stop My Account If I Return To Work?

Tue, 29 May 2007 21:19:00 GMT

If you return to full time work, simply stop calling TELECLAIM even if you are given another date to call again. You don't have to call to tell us that you started a job. Call only if you have a payment due for weeks you were still unemployed.

You can reactivate your account if you are again unemployed. An account can be reactivated as long as there is still money in it and as long as the benefit year has not ended. If it has been more than one year since you filed, you may qualify for a new account. To reactivate your account, call TELECLAIM.

How Much Are Unemployment Benefits In Minnesota?

Wed, 19 Mar 2008 19:52:23 GMT

State law establishes a formula requiring the amounts to be determined by the average weekly wage in Minnesota and to be recalculated each year. The amount of benefits vary and are dependent on how much you have earned in your base period (The first four of the last five completed calendar quarters prior to the applicant's benefit year.) The minimum weekly benefit is $38. For unemployment accounts (claims) filed effective 8/4/02 the maximum weekly benefit amount is $467. Your weekly benefit amount will be the higher of either:

1/26th of your high calendar quarter wage credits up to a maximum of $350, or
1/104th of your total base period wages to a maximum of 66 2/3 percent of the current state average weekly wage. The maximum weekly benefit amount is $467.

The maximum amount of benefits you can receive is either 26 times your weekly benefit amount or 1/3 of your total base period wages, whichever is less.

During periods of high unemployment, extended benefits (extensions) allow applicants to continue receiving unemployment benefit checks after monies in the regular account have been exhausted. At the present time there is a federal extension in Minnesota. For more information click here.

Once I'm Eligible, What Do I Do To Receive Benefits?

Tue, 29 May 2007 21:19:00 GMT

To receive benefits you must file a request for payment every two weeks. The first week you are eligible for benefits is called the waiting week. No benefits are paid for this week. After that week, you will receive benefits for each week until your account balance is zero or until you return to work. You request benefits by calling TELECLAIM every two weeks. You should call no later than Friday following the weekending date you are requesting benefits.

What If I Still Have More Questions About New Hire Reporting?

Tue, 29 May 2007 21:19:00 GMT

You may call the Minnesota New Hire Reporting Center at (651) 2274661 or (800) 6724473 with any questions regarding the new hire reporting process. Help desk staff are available Monday through Friday, 8:00am 5:00pm Central time. The tollfree number operates 24 hours a day, seven days a week, and offers the ability to order documents and have them faxed to you using our automated system.

What Information Must I Report?

Tue, 29 May 2007 21:19:00 GMT

In accordance with Federal legislation, the State of Minnesota asks for the following information:

Employer's Federal Employer Identification Number (FEIN)
Employer's Name
Employer's Address
Employee's Name (First, Middle, Last)
Employee's Address
Employee's Social Security Number
Employee's Date of Birth (optional)
Employee's Date of Hire (optional)

Additional information may be required if reporting electronically. Please click here for electronic reporting specifications.

What Is The Law Regarding Overtime?

Tue, 29 May 2007 21:19:00 GMT

The Minnesota Fair Labor Standards Act requires employers to pay overtime for all hours worked in excess of 48 per work week.

The Federal Fair Labor Standards Act requires some employers to pay overtime for all hours worked in excess of 40 per work week. These employers include:

employers that produce or handle goods for interstate commerce;
businesses with gross annual sales of more than $500,000;
businesses that were covered before April 1, 1990, under the $250,000 ($362,500 retail and services) dollar volume test; and
hospitals and nursing homes, private and public schools, federal, state and local government agencies.

Overtime pay must be at least oneandonehalf times the employee's regular rate of pay, which is determined by dividing the total pay in any work week by the total hours worked in the week. Overtime is based on actual hours worked in a sevenday work week. Holiday hours, vacation time or sick leave are not counted in figuring overtime hours.

Some employees are exempt from Minnesota's overtime wages. The following is a partial list:

executive, administrative or professional employees that meet the salary and duty requirements as defined by state and federal regulations;
retail or service employees paid on a commission basis, if the regular rate of pay exceeds oneandonehalf times the minimum wage;
an outside salesperson;
a salesperson, parts person or mechanic that works for a commercial vehicle dealership on a commission or incentive basis;
certain agricultural workers (minors employed as corn detasslers or hand fieldworkers with a parent or guardian are not exempt).

What Is The Minimum Age For Employment?

Tue, 29 May 2007 21:19:00 GMT

In most cases no one under the age of 14 may be employed. However, there are certain exceptions including newspaper carrier, actor, actress and model. Proof of age must be maintained as part of the payroll records.The following exemption permit applications are available:

What Is The New Hire Law?

Tue, 29 May 2007 21:19:00 GMT

All employers are required to report newly hired and rehired employees to a state directory within 20 days of their hire date.

New hire reporting speeds up the child support income withholding order process, expedites collection of child support from parents who change jobs frequently, and quickly locates alleged fathers/noncustodial parents to help in establishing paternity and child support orders.

What is the minimum wage in the state of Minnesota?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage is $6.15 for employers whose annual gross volume of sales made or business done is not less than $500,000. For employers whose annual gross volume of sales made or business done is less than $500,000, the minimum wage is $5.25 per hour. An employer may pay $4.25 an hour to new employees who are under the age of 20 during their first 90 consecutive days of employment.

Minimum wage rates apply to all hours worked, whether part time or full time. No employer may take a tip credit against an employee's wage under Minnesota law. Exempt employees include: babysitters, taxicab drivers, volunteers of nonprofit organizations, elected government officials, people providing police or fire protection and employees subject to the provisions of the U.S. Department of Transportation (drivers, drivers' helpers, mechanics and loaders).

Who Is Covered By Minnesota Prevailing Wage Laws?

Tue, 29 May 2007 21:19:00 GMT

Prevailing wages are the wages required to be paid on statefunded construction projects. Wage rates are certified once a year in both highway/heavy and commercial type construction.

Any contractor or subcontractor performing work by contract in which state funds in whole or in part are involved must adhere to Minnesota prevailing wage laws. Highway projects are enforced by the Minnesota Department of Transportation (MNDOT) and commercial projects are enforced by letting agencies. The certification in effect at the time the project is advertised (bids are asked for) applies for the duration of the project.

Who May Apply For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Unemployment benefits cover most people who have worked in Minnesota for private employers or state and local governments. It does not cover people who have worked only for the railroad or in selfemployment. You must be a U.S. citizen, a registered alien, or have permission to work in the United States. Exservice personnel may be eligible for unemployment benefits.

You qualify if you meet all of the following:

have earned sufficient wage credits:
are partially or totally unemployed through no fault of your own;
are able to work;
are available for employment;
are actively seeking suitable employment.

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