Employee handbook requirements in Minnesota (2026)

MN adds: familial status, receipt of public assistance, local human rights commission activity.

Involuntary termination: wages due within 24 hours of demand. Voluntary: next regular payday.

Statewide since Jan 1 2024: 1 hr per 30 hrs worked; 48-hr annual accrual cap; 48-hr annual use; covers employee and covered family members.

12 weeks unpaid leave for birth/adoption/foster placement. 21-employee threshold. Different from FMLA: no serious health condition leave (that's covered by FMLA for eligible employers separately).

Minnesota requires employers to allow employees to be absent for the time needed to vote in any election in which the employee is eligible to vote, without penalty, discipline, or deduction from wages. The employee may be absent for the time necessary to vote during the period polls are open. Employees must notify the employer before election day. Applies to all MN employers.

MN imposes extensive procedural requirements for any employer drug testing program. Far above federal floor. Includes: confirmatory test before discipline; rehab-before-discharge on first positive; MRO review; SAMHSA-certified lab; written consent; confidentiality; voluntary treatment protection.

Minnesota Meal and Rest Break requirements (updated effective January 1, 2026). REST BREAKS: Employees must receive a rest break of at least 15 minutes, or enough time to use the nearest convenient restroom (whichever is longer), within each 4 consecutive hours of work. Rest breaks are paid. MEAL BREAKS: Employees who work 6 or more consecutive hours must receive an unpaid meal break of at least 30 minutes. The prior statute required a meal break for 8+ hour shifts; the 2026 amendment lowers the trigger to 6 hours. Applies to all MN employers regardless of size.

Minnesota state law sets an overtime threshold of 48 hours per workweek — distinct from the 40-hour federal FLSA standard. CRITICAL CAVEAT: this 48-hour state threshold only applies to employers NOT covered by federal FLSA (generally under $500,000 annual revenue, not in interstate commerce). Virtually all staffing companies and most private employers are covered by federal FLSA and must use the 40-hour threshold. The MN 48-hour rule matters only for very small, locally-oriented businesses exempt from FLSA.

Minnesota banned non-compete agreements effective July 1, 2023 (Minn. Stat. §181.988): non-competes are void and unenforceable; cannot condition employment on signing one. Additionally, Minnesota banned non-solicitation provisions in agreements between staffing agencies and their client customers effective July 1, 2024: staffing agencies cannot prohibit clients from directly hiring placed workers. Trade secrets/NDAs and narrowly-scoped employee non-solicitation remain enforceable.

Minnesota PFML takes effect January 1, 2026 for all employers regardless of size. Combined leave up to 20 weeks per benefit year (12 weeks family/bonding + 12 weeks own health condition; cannot exceed 20 weeks combined). Wage replacement: 90% of wages up to 50% of state AWW, then 66% above that; weekly max $1,423 (2026). Employer and employee share contributions (0.88% total in 2026). New hire notice required.

Minnesota Pay Transparency Law (effective January 1, 2025) requires employers with 30 or more employees to include a starting salary or hourly wage range and a general description of benefits in job postings. Applies to job postings for positions to be performed at least partly in Minnesota. Civil penalties: $500-$10,000 per violation. Employers must also provide wage range to current employees on request.

Minnesota minimum wage effective January 1, 2026: $11.41/hour for ALL employers (the old large/small two-tier system — $11.13 large / $9.08 small — has been replaced with a single unified rate). Local minimum wages: Minneapolis: $16.37/hour for all employers effective January 1, 2026 (adjusted annually Jan 1 by CPI). St. Paul: $16.37/hour for macro/large employers effective January 1, 2026; small employer increases effective July 1, 2026 — confirm current St. Paul tiered rates. Note: Minnesota previously had large-employer/small-employer tiers at the state level; this two-tier structure no longer applies to the state minimum wage.

Minnesota ESST (effective January 1, 2024) requires all employers regardless of size to provide earned sick and safe time. Accrual: 1 hour per 30 hours worked. Annual cap: 48 hours per year. Carryover: up to 80 hours total accrued (unused hours carry to next year). 90-day waiting period for new hires before use. Qualifying uses: own illness, family care, domestic violence/stalking/sexual assault (safe time), public health emergency, school/workplace closures. Employers with 25+ employees in Minneapolis or St. Paul must also comply with city ordinances, which may be more generous.