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Payroll Minnesota, Unique Aspects of Minnesota Payroll Law and Practice

The Minnesota State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

Department of Revenue
Taxpayer Info. Technical Support
10 River Park Plaza, Mail Station 6501
St. Paul, MN 55146-6501
(651) 282-9999
(800) 657-3594

Minnesota does not require you to use a state form to calculate state income tax withholding.

Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Minnesota cafeteria plans are not taxable for income tax calculation; taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.

In Minnesota supplemental wages are taxed at a 6.25% flat rate.

You must file your Minnesota State W-2s by magnetic media if you are required to file your federal W-2s by magnetic media.

The Minnesota State Unemployment Insurance Agency is:

Department of Economic Security
390 N. Robert St.
St. Paul, MN 55101
(651) 296-6141

The State of Minnesota taxable wage base for unemployment purposes is wages up to 000.00.

Minnesota requires Magnetic media reporting of quarterly wage reporting if the employer has at least 50 employees that they are reporting that quarter.

Unemployment records must be retained in Minnesota for a minimum period of eight years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.

The Minnesota State Agency charged with enforcing the state wage and hour laws is:

Department of Labor and Industry
Labor Standards Division
443 Lafayette Rd. N.
St. Paul, MN 55155-4306
(651) 284-5005

The minimum wage in Minnesota is .15 (large employers) and .90 (small employers) per hour.

The general provision in Minnesota concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 48-hour week.

Minnesota State new hire reporting requirements are that every employer must report every new hire and rehire and government contractors. The employer must report the federally required elements of:

  • Employee's name

  • Employee's date of birth.

  • date of hire

  • state of hire

  • Employee's address

  • Employee's social security number

  • Employer's name

  • Employers address

  • Employer's Federal Employer Identification Number (EIN)

This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a .00 penalty for a late report and 0 for conspiracy in Minnesota.

The Minnesota new hire-reporting agency can be reached at 800-672-4473 or 651-227-4661or on the web at

Minnesota does not allow compulsory direct deposit

Minnesota requires the following information on an employee's pay stub:

  • Gross and Net Earnings

  • Employee's name

  • pay period ending date

  • straight time and overtime pay

  • hours worked

  • itemized deductions

Minnesota requires that employee be paid no less often than every 30 days; semimonthly for public service corporations; 15-day intervals for laborers.

Minnesota requires that the lag time between the end of the pay period and the payments of wages to the employee not exceed thirty days; 15 days after pay period for public service corporations.

Minnesota payroll law requires that involuntarily terminated employees must be paid their final pay immediately, or within 24 hours of demand and that voluntarily terminated employees must be paid their final pay by the next regular payday; if payday is less than 5 days, then by second payday, but no more than 20 days after discharge.

Deceased employee's wages of ,000 must be paid to the surviving spouse upon request and after affidavit showing proof of relationship is shown.

Escheat laws in Minnesota require that unclaimed wages be paid over to the state after one year.

There is no provision in Minnesota law concerning record retention of abandoned wage records.

There is no tip credit in Minnesota law concerning State minimum wage.

In Minnesota the payroll laws covering mandatory rest or meal breaks are that a sufficient time to eat a meal during shift of at least 8 hours; adequate time to visit restroom in each 4 hours of work; reasonable time to express breast milk (doesn't need to be paid).

Minnesota statute requires that wage and hour records be kept for a period of not less than three years. These records will normally consist of at least the information required under FLSA.

The Minnesota agency charged with enforcing Child Support Orders and laws is:

Child Support Enforcement Division
Department of Human Services
444 Lafayette Rd., 4th Fl. S.
St. Paul, MN 55155-3846
(651) 296-2542

Minnesota has the following provisions for child support deductions:

  • When to start Withholding? First pay period after 14 days from service.

  • When to send Payment? Within 7 days of Payday.

  • When to send Termination Notice? Within 10 days of termination.

  • Maximum Administrative Fee? per payment.

  • Withholding Limits? Federal Rules under CCPA.

Please note that this article is not updated for changes that can and will happen from time to time.

About the Author: Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years,
the last fifteen in private practice. Mr. Read is the author of "Tax and Accounting Issues
in Forming a New Business."

To find professional payroll services at a budget price go to
a paperless payroll company.

For a full service payroll bureau with CPA's on staff visit .

See an excerpt of Mr. Read's interviews from William Shatner's "Heartbeat of America"
television show on the web sites linked above.

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