Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1. Prompt payment required. (a) When any such employee quits or resigns
employment, the wages or commissions earned and unpaid at the time the employee quits or
resigns shall be paid in full not later than the first regularly scheduled payday following the
employee's final day of employment, unless an employee is subject to a collective bargaining
agreement with a different provision. If the first regularly scheduled payday is less than five
calendar days following the employee's final day of employment, full payment may be delayed
until the second regularly scheduled payday but shall not exceed a total of 20 calendar days
following the employee's final day of employment.
(b) Notwithstanding the provisions of paragraph (a), in the case of migrant workers, as
defined in section 181.85, the wages or commissions earned and unpaid at the time the employee
quits or resigns shall become due and payable within five days thereafter.
    Subd. 2. Nonprompt payment. Wages or commissions not paid within the required time
period shall become immediately payable upon the demand of the employee. If the employee's
earned wages or commissions are not paid within 24 hours after the demand, the employer shall
be liable to the employee for an additional sum equal to the amount of the employee's average
daily earnings provided in the contract of employment, for every day, not exceeding 15 days in
all, until such payment or other settlement satisfactory to the employee is made.
    Subd. 3. Settlement of disputes. If the employer disputes the amount of wages or
commissions claimed by the employee under the provisions of this section or section 181.13, and
the employer makes a legal tender of the amount which the employer in good faith claims to be
due, the employer shall not be liable for any sum greater than the amount so tendered and interest
thereon at the legal rate, unless, in an action brought in a court having jurisdiction, the employee
recovers a greater sum than the amount so tendered with interest thereon; and if, in the suit, the
employee fails to recover a greater sum than that so tendered, with interest, the employee shall
pay the cost of the suit, otherwise the cost shall be paid by the employer.
    Subd. 4. Employees entrusted with money or property. In cases where the discharged
or quitting employee was, during employment, entrusted with the collection, disbursement, or
handling of money or property, the employer shall have ten calendar days after the termination of
the employment to audit and adjust the accounts of the employee before the employee's wages
or commissions shall be paid as provided in this section, and the penalty herein provided shall
apply in such case only from the date of demand made after the expiration of the period allowed
for payment of the employee's wages or commissions. If, upon such audit and adjustment of the
accounts of the employee, it is found that any money or property entrusted to the employee by the
employer has not been properly accounted for or paid over to the employer, as provided by the
terms of the contract of employment, the employee shall not be entitled to the benefit of sections
181.13 to 181.171, but the claim for unpaid wages or commissions of such employee, if any, shall
be disposed of as provided by existing law.
    Subd. 5. Place of payment. Wages and commissions paid under this section shall be paid
at the usual place of payment unless the employee requests that the wages and commissions be
sent to the employee through the mails. If, in accordance with a request by the employee, the
employee's wages and commissions are sent to the employee through the mail, the wages and
commissions shall be deemed to have been paid as of the date of their postmark for the purposes
of this section.
History: (4128) 1919 c 175 s 2; 1933 c 173 s 2; 1984 c 446 s 2; 1986 c 444; 1997 c 7 art 1 s
85; 1997 c 83 s 6; 1997 c 180 s 1

Official Publication of the State of Minnesota
Revisor of Statutes