Burger restaurant operators worry about labor law fines. Non-compliance brings penalties and employee issues. Stay ahead of Minnesota’s 2026 regulations. Protect your business and treat your team fairly.
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Minimum Wage
Current rate: $11.13 (Large Employer) (effective Projected for January 1, 2026 (subject to annual inflation adjustment))
Future changes: Minnesota adjusts its minimum wage yearly for inflation. Rates change every January 1. Check the MN Department of Labor and Industry (DLI) for official 2026 rates. Do this closer to the date.
- Large employers earn $500,000 or more in annual gross revenue.
- Small employers earn less than $500,000 in annual gross revenue. Their state minimum wage is lower, currently $8.85 (2024).
- Youth wage applies to employees under 18 during their first 90 days. This rate is lower than the standard.
- Training wage applies to employees under 20 during their first 90 days. This rate is lower than the standard.
Local Variations
- Minneapolis: $15.57 (Large employers) – This rate became effective January 1, 2024. It adjusts yearly.
- St. Paul: $15.57 (Macro employers) – This rate became effective January 1, 2024. It adjusts yearly.
- Bloomington: $11.00 (Small employers) / $13.50 (Large employers) – This rate became effective January 1, 2024. Rates adjust yearly. A large employer has 100+ employees. A small employer has 1-99 employees.
Tipped Employees
Tip credit allowed: No
Minimum cash wage: Minnesota bans tip credits. Employers must pay tipped staff the full state minimum wage. Tips come after this payment.
Employers may require tip pooling for employees who regularly receive tips. This includes servers, bussers, and hosts. Managers and owners cannot join tip pools. They cannot keep any part of employee tips.
- Pay all tipped employees the full Minnesota minimum wage.
- Tips belong to employees. They are not employer property.
- Set clear tip distribution policies. Share them with all staff.
- Keep accurate records of all tips. This ensures correct wage calculations.
- Managers and owners cannot take tips. This applies even if they provide service.
Compliance Checklist
Verify current state and local minimum wage rates for all employees.
Ensure all tipped employees receive the full minimum wage before tips.
Pay overtime at 1.5 times the regular rate for hours over 40 per week.
Provide uninterrupted 30-minute meal breaks for 8+ consecutive hour shifts.
Provide paid rest breaks for 4+ consecutive hour shifts.
Offer private, non-bathroom spaces and break times for nursing mothers.
Provide new hires with a written notice of employment terms (Wage Theft Act).
Provide detailed earnings statements with each paycheck.
Accurately track and provide Minnesota Sick and Safe Time accrual and usage.
Adhere to all youth employment laws, including hours and prohibited duties.
Issue final paychecks according to state law for terminated employees.
Review and update employee handbooks with current MN labor laws.
Keep accurate time and payroll records for all employees.
Frequently Asked Questions
Does Minnesota allow a tip credit for burger restaurant employees?
No. Minnesota does not permit tip credits. You must pay all tipped burger restaurant employees the full state minimum wage.
How often do I need to pay my employees in Minnesota?
Minnesota law requires employers to pay employees at least once every 31 days. Most burger restaurants pay bi-weekly for ease and compliance.
Are new hires in my burger restaurant exempt from minimum wage for training?
No. Minnesota allows a lower ‘training wage’ for employees under 20 during their first 90 days. This is a specific lower rate, not an exemption.
Can I make my burger restaurant employees work during their meal break?
No. If employees work during any part of their 30-minute meal break, it is no longer unpaid. You must pay them for that time.
Does Minnesota have a statewide predictive scheduling law?
No. Minnesota has no statewide predictive scheduling law. Cities like Minneapolis and St. Paul do have local ordinances requiring advance schedule notice.
What is the penalty for not providing a written notice of employment terms?
Violations of the Wage Theft Prevention Act can result in civil penalties up to $5,000. Willful violations may lead to criminal charges.
Do I need to track sick and safe time for part-time burger flippers?
Yes. Minnesota’s Sick and Safe Time law applies to nearly all employees, including part-time staff. All eligible employees earn at least one hour of SST for every 30 hours worked.
Can I deduct the cost of a uniform from an employee’s pay?
No. Minnesota law generally prohibits deductions for required uniforms if pay falls below minimum wage. You must cover the cost of required uniforms.
How long must I keep payroll records for my burger restaurant?
You must keep all payroll records for at least three years under Minnesota law. These include hours worked, wages paid, and tip records.
What happens if an employee quits without notice? When do I pay them?
If an employee quits voluntarily, pay their final wages on the next regular payday. Not doing so can result in penalties.
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