Have you hired a new employee in 2020? Have you changed pay rates or paid time-off policies? If so, did you know that you are required to inform your employees in writing of those types of changes?
In July 2019, Minnesota’s Wage Theft Law became effective and required MN employers to provide each employee with a written notice at the start of employment that included basic terms of employment and to keep a copy of the noticed signed by the employee on file. The Wage Theft Law also requires an employer to provide a written notice when any of the terms of their employment changes.
When is a Change Notice Required?
- When information required on the notice changes, such as a pay rate, the employer must inform the employee in writing of those changes before the changes take effect.
- If the employer has already provided written information to the employee about forthcoming changes in a handbook, collective bargaining agreement or otherwise, an additional change notice is not required unless the future changes are modified.
- For those employees hired before the notice requirement was established (before July 1, 2019), a notice should be issued the first time any of the terms covered by the notice change, such as a pay-rate change.
- Along with the original notice issued to the employee, a copy of any written changes to the notice that were provided to each employee must be kept on file by the employer, but the change notice doesn’t have to be signed by the employee.
As a reminder, we have included a list below of the items that are required to be included on the original notice.
- Employee’s employment status
- Number of days in the employee’s pay period and the regularly scheduled payday.
- Date the employee will receive the first payment of wages.
- Employee’s rate or rates of pay, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission or other method, and when and how these rates apply.
- Allowances that may be claimed for meals and lodging
- Provision of paid vacation, sick time or other paid time off (PTO), how the paid time off will accrue and terms for its use.
- List of deductions that may be made from the employee’s pay.
- Employer’s legal name and the operating name, if different.
- Address of employer’s main office or principal place of business and a mailing address, if different.
- Employer’s telephone number.
- Employee’s signature acknowledging receipt of the notice.
Example Employee Notice Available for Employer Use
An example is posted on the Department of Labor and Industry’s website or can be created by the employer.
Notice Language Availability
All employers must provide the initial notice to employees in English. The notice must include a statement, in multiple languages, that informs employees they may request the notice be provided to them in another language. If requested by an employee, the employer must provide the notice in another language. If an employee hasn’t requested to have the notice in a different language, the employer is not required to provide any changes in multiple languages.
Labor Standards serves the citizens of Minnesota by providing information about the state’s wage, hour and employment laws and can be reached at:
If you need additional guidance with payroll law, or help understanding what the employee notice should include, contact our experts today!