Layoffs and other situations
Migrant workers who quit: within 3 days. Employees who handled money or property: employer gets 10 calendar days after termination to audit accounts. Commissioned salespeople (Minn. Stat. § 181.145): due on demand within 3 working days if terminated or they resign with at least 5 days' written notice; within 6 working days if they resign without 5 days' written notice. Public employers needing board approval: 24 hours runs from the first board meeting after discharge. Wages are mailed on request (paid on postmark date). A collective bargaining agreement may set different terms for quits. Late commissions owed to salespeople carry a separate penalty under § 181.145. Source: revisor.mn.gov↗ (opens in a new tab)
Unused vacation and PTO
Minnesota's final pay statutes do not address vacation or PTO payout; it depends on your policy or contract. Source: revisor.mn.gov↗ (opens in a new tab)
If the final paycheck is late
If final pay is late after the employee's written demand, the employer owes the employee's average daily earnings for each day of delay, up to 15 days, plus the unpaid wages. The same daily penalty applies to employees who quit. Source: revisor.mn.gov↗ (opens in a new tab)
The law and where to check
The law: Minn. Stat. §§ 181.13, 181.14, 181.145 (opens in a new tab)
The agency: Minnesota Department of Labor and Industry, Labor Standards Division (opens in a new tab)
What federal law says
The federal Fair Labor Standards Act does not require employers to give a final paycheck immediately. The U.S. Department of Labor says an employee who has not received final pay by the regular payday for their last pay period can contact its Wage and Hour Division or the state labor department. Source: U.S. Department of Labor↗ (opens in a new tab)
Final paycheck checklist for Minnesota employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Write down how the job ended: fired or let go, or the employee quit. If they quit, note whether and when they gave notice.
- Find the deadline for that situation in the table above.
- Add up all hours worked up to the last day, including any overtime.
- Check your written vacation or PTO policy and the vacation rule above.
- Add any commission or bonus that was earned, using the rules above.
- Pay on time by your usual method, or by mail if the rules above allow it and the employee asks.
- Keep a dated record of what you paid and when.
More Minnesota employment law guides
- All Minnesota employment laws
- Minnesota paid sick leave law
- Minnesota meal and rest break laws
- Minnesota overtime law
- Minnesota pay frequency law
- Minnesota vacation and PTO payout law
- Minnesota new hire reporting
- Minnesota at-will exceptions
Final paycheck laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.