Minnesota Department of Labor and Industry. Minnesota Department of Labor and Industry. Minnesota Department of. Mission.

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1 443 Lafayette Road North St. Paul, Minnesota (800-DIAL-DLI) Spanish Language: TTY: (651) Mission Ensure Minnesota's work and living environments are equitable, healthy and safe Statutory Authority Minnesota Statutes: Chapters 175, 176, 177, 178, 181, 181A, 182, 184 Minnesota Rules: through

2 Enforces Minnesota s Child Labor laws Enforces Minnesota s workplace safety laws Enforces Minnesota s workplace injury benefits laws Regulates state-approved apprenticeships Licenses high skilled construction occupations Two Divisions: Workers Compensation Workplace Services Labor Standards and Apprenticeship Safety Codes and Services Workers Compensation Units Benefit Management and Resolution Claims Services and Investigations Information Processing Center Vocational Rehabilitation 2

3 Benefit Management and Resolution Mediates benefits disputes between insurers and injured workers Investigates workers compensation fraud Educates insurance professionals on complying with Minnesota s Workers Compensation laws Claims Services and Investigations Provides benefits to injured workers whose employers carried no Workers Compensation insurance Information Processing Center Creates, maintains and manages more than 1.6 million workers compensation claims files per year Mails out State s required workplace posters at no cost, in several languages besides English Poster Line:

4 Vocational Rehabilitation Provides job re-training services to injured workers so that they may return to work Labor Standards and Apprenticeship Labor Standards Enforces Minnesota s Child Labor laws Enforces minimum wage, overtime, final paycheck, etc Investigates and resolves wage complaints 4

5 Apprenticeship Regulates and promotes apprenticeship programs Provides apprenticeship resources to schools and guidance counselors Is an excellent career option for those who do not want to go to college Safety Codes and Services Tests and licenses high skill trade professionals Enforces Minnesota s workplace safety laws Safety Codes and Services Units Construction Codes and Licensing OSHA Compliance OSHA Workplace Safety Consultation 5

6 Construction Codes and Licensing Tests and licenses boiler operators, plumbers, electricians, roofers, high pressure pipe fitters,etc Regulates residential building contractors Reviews and approves construction plans to ensure compliance with state laws OSHA Compliance Conducts workplace safety and health inspections Issues fines for violations of workplace safety and health laws Investigates employee safety complaints, imminent dangers and workplace fatalities OSHA Workplace Safety Consultation Provides free workplace safety and health inspections at the request of businesses Offers safety grants, workplace violence prevention training Conducts related health and safety seminars 6

7 Community Services Supports the Minnesota Department of and its mission in Minnesota s minority and cultural communities through outreach and education. Test Your Knowledge Which is not one of Minnesota s minimum wages? A. $6.55/hr B. $4.90/hr C. $6.15/hr D. $5.25/hr 7

8 How many breaks are you allowed per day? A minute breaks B minute breaks C. None D. As many as I want What hours are 16- and 17 year-olds allowed to work? Do you have to pay for losses or shortages? How much time are you allowed for lunch? Do you have to give your employer notice before you quit? What should you do if you get hurt at work? What is discrimination? 8

9 How much income will it take to support you and your family? How will you earn those wages? Know Your Rights: A Workplace Primer Your employer must pay at least one of Minnesota s Minimum Wages for all hours worked. All workers are covered under this law 9

10 Effective July 24, 2008, Minnesota s Minimum Wage rates changed: "small-employers" " $5.25/hr (no change) "large-employers" From $6.15/hr to $6.55 /hr "training-wage" $4.90 /hr for new employees under age 20 New Federal Minimum Wage $6.55 July 24, 2008; changes to $7.25 July 24, 2009 The large employer definition is "any enterprise whose annual gross volume of sales made or business done is not less than $500,000 annual gross income. No deductions d from your check unless you Get it in writing!!!! Rest breaks are not required by law! However, you must be allowed time to use the nearest restroom within each four consecutive hours of work or If you work eight or more consecutive hours, you must be allowed sufficient time to eat a meal (This can change if you have a written employment agreement) 10

11 Minnesota is an at will Employment State You do not have to give notice before quitting and.. Your employer can terminate you at any time and is not required to give a reason (Unless you have a written employment agreement that spells out the job separation process) If you are injured on the job, inform your employer immediately! If safety or health hazards exist at your work site, contact the Minnesota Occupational Safety and Health Administration (MNOSHA) if your employer refuses to correct these problems 11

12 Your employer must provide a work environment free from racial, sexual and religious harassment and age discrimination Report any of these violations to the Minnesota Department of Human Rights Your employer can pay you in cash, by check, by direct deposit into your bank account or by payroll card (If you don t have a banking account, you need to start one immediately!!!!) Each time you are paid, you must receive a statement listing all deductions, e.g. taxes, union dues, etc. Keep accurate records of hours you work. If there is a difference between your records and your employer s, review your records together If you and your employer cannot agree, contact Labor Standards for more information or to file a wage claim against your employer 12

13 Overtime Minnesota law: after 48 hours worked in a work week. Federal law: after 40 hours worked in a work week. (14-15 year olds can t work over 40 hours per week) Minnesota s Child Labor Standards (Please note that there are also federal child labor laws that apply) Minimum age of work 14 years old (Exceptions: newspaper carriers, agricultural workers, referees for certain youth athletic activities, actors, entertainers or models) Acceptable Proof of age birth certificate, driver s license or learner s permit, or age certificate from school (must be kept on file at place of work) 13

14 Hours of Work year olds Not before 7am or after 9pm during school year (federal law supercedes here at 7pm); Not more 8 hours in a 24-hour period; Not more than 40 hours a week when school is out; Not during school days, except participants enrolled in Education-approved work experience programs (WEP) Hours of Work year olds Not before 5am or after 11pm on school days, unless written permission is on file from parent or legal guardian (May then begin work at 4:30am or work until 11:30pm with parent s written permission) 14 & 15 year olds cannot Operate ANY power-driven machinery Work in transportation, welding, manufacturing or warehouse establishments Work in any agricultural occupation declared hazardous by U.S. Secretary of Labor 14

15 14 & 15 year olds cannot Work in any kind of processing plants Work in a personal care facility Work in most occupations at automotive service facilities No employee under under 18 can Work on construction sites Handle hazardous materials Work in occupations defined as hazardous Operate power-driven machinery No employee under 18 can Work in most transportation occupations Work in aerial or acrobatic acts Work in any other occupation which is deemed hazardous to life, limb or health 15

16 No employee under 18 can Work in establishments where alcohol is served (Exceptions: 16-year olds may bus tables, wash dishes or serve as host; 16- and 17-year olds may provide entertainment in rooms where alcohol is served). Work on commercial boats (Exception: serving as a guide). Child Labor Exceptions 17-year old high school graduates Minors employed in a business wholly owned by and supervised by one or both parents Other Child Labor Exceptions Teens participating in Education work experience or other stateapproved youth apprenticeship programs Tasks not in the area of hazardous operation, equipment or materials In employment where a Child Labor Exemption has been granted by the Department ( applications available online at by clicking on Child Labor ) 16

17 Penalties and Fines Minimum of $ per violation for minors employed without proof of age $5,000 per violation for minors injured in hazardous employment (Please refer to brochures for specific fine amounts) To Tips for successful Youth Employment Have a positive work attitude (friendly, cooperative, good work ethic) Show up on time for work (call or your supervisor as soon as you know you will be late or absent) Dress appropriately for the job (clothes clean and neat every day) Help coworkers How To Fail At Youth Employment Have a poor attitude Be late; do not call in when you are going to be late or absent Refuse to work, do poor work, fail to follow instructions Steal, lie, fight, bring weapons to work, disobey safety rules Hang out with your buddies at work when you are to be working, stay on the phone/internet when it is not part of your work (this will almost certainly guarantee your failure at life!!!!) 17

18 Numbers to call: Minnesota OSHA Labor Standards Workers Compensation US DOL Wage & Hour Division MN Human Rights Department (Metro Area) Minnesota Workforce Centers Questions? Thank You For Coming! John Stiffin Community Services Representative