Wage Theft

Frequently Asked Questions

1. What is wage theft?

   Wage theft occurs any time employers fail to pay employees what they are legally owed, such as paying below minimum wage, not paying overtime, requiring work without pay, denying legal breaks, misclassification, withholding tips, non-payment of fringe benefits, and illegal deductions.    

2. Who may make a complaint?

   Anyone may make a complaint. This includes employees, third-parties, businesses, and unions.   

3. Does the Ordinance apply to the government itself?

   The Ordinance applies to the City of Saint Paul. However, the Ordinance does not apply to the United States government, the State of Minnesota, or any other county or local government.

4. Does the Ordinance apply to independent contractors?

   No, the Ordinance does not apply to independent contractors. The Ordinance only covers employees.  

5. Are there protections against retaliation?

   Yes, an employer is prohibited from retaliating against an employee for asserting rights or remedies under the Ordinance.  

6. How do businesses avoid wage theft?

   • Pay workers at least the City minimum wage.  
   • Maintain complete and accurate records as a way to demonstrate an employer’s compliance with the Ordinance.
   • Avoid misclassifying employees.  
   • Provide employees up to-date policies and notices.
   • Maintain a regular payment schedule and pay employees all owed wages. 

7. Is there a time limit to file a wage theft complaint?

   Yes, the statute of limitation allows a person to file a complaint two (2) years after the last incident of wage theft. 

8. Are there penalties for failing to comply with the ordinance?

   Yes, employers that violate this Ordinance, may ordered to provide appropriate relief, including but not limited to reinstatement, back pay, liquidated damages, and debarment.  

9. Further questions

   The HREEO department is available for questions and to provide information. Please contact us at 651-266-8966, Contact-HREEO@stpaul.gov, or visit stpaul.gov/hreeo.

   As part of its outreach efforts the Labor Standards Division can provide interested parties a presentation on wage theft. Email your request to laborstandards@ci.stpaul.mn.us.