Employer of Record · Minnesota

Employer of Record in Minnesota.
Non-Competes Banned. ESST Required.

Minnesota is home to Target, Best Buy, 3M, UnitedHealth Group, and US Bancorp — and its employment laws reflect that sophistication. The state banned non-compete agreements entirely in 2023, enacted a statewide paid sick leave mandate in 2024, and Minneapolis maintains its own wage floor above the state rate. WorkGenius becomes your legal employer and manages every Minnesota obligation from day one.

$10.85/hr
Minimum wage (large employers)
1 per 33 hrs
ESST accrual rate
Banned
Non-compete agreements

Minnesota by the Numbers

Minimum wage (large employers)
$10.85/hr
Large employers (annual gross revenue > $500,000) as of 2024; small employers $8.85/hr; Minneapolis city minimum $15.57/hr
State income tax (top rate)
9.85%
Graduated state income tax with a top marginal rate of 9.85% — one of the highest in the US
ESST mandate
Required
Earned Sick and Safe Time: 1 hour accrued per 33 hours worked, up to 48 hours per year — effective January 1, 2024
Final paycheck (termination)
Immediate
Final pay due immediately upon demand if the employee is fired; within 5 days or next payday (whichever is first) upon resignation
Non-compete agreements
Banned
Minnesota banned non-compete agreements for employees effective January 1, 2023 — any post-ban non-compete is void and unenforceable
MHRA coverage threshold
1+ employee
The Minnesota Human Rights Act applies to employers with just one employee — one of the broadest anti-discrimination thresholds in the country
The Defining Law

Minnesota's Non-Compete Ban: Void and Unenforceable from Day One

On January 1, 2023, Minnesota became one of only a handful of states to ban non-compete agreements for employees entirely. Under Minnesota Statutes § 181.988, any agreement that restricts an employee from working for a competing employer or operating a competing business after employment ends is void and unenforceable — regardless of how it is drafted, what consideration is offered, or how narrowly the restriction is scoped. For companies in the Twin Cities tech, healthcare, and professional services sectors, this fundamentally changes how intellectual property and competitive advantage must be protected.

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The ABC Test
  • Any non-compete signed on or after January 1, 2023 is void and unenforceable under Minnesota law
  • The ban applies to all employees working in Minnesota — including remote employees whose primary work location is Minnesota
  • Non-solicitation of clients and non-solicitation of employees are not banned and remain enforceable if reasonable
  • Confidentiality agreements and trade secret protections remain fully enforceable — the ban is specific to post-employment competition restrictions
  • Choice-of-law provisions cannot be used to circumvent the ban — Minnesota courts will apply Minnesota law to protect Minnesota employees
  • WorkGenius ensures no employment agreement for a Minnesota employee contains a prohibited non-compete clause
Minnesota Coverage

What WorkGenius Handles for Minnesota

Minnesota's ESST mandate, non-compete ban, immediate final pay requirement, and Minneapolis local wage floor create four distinct compliance layers that must be managed simultaneously.

ESST Accrual & Administration

WorkGenius tracks Earned Sick and Safe Time accrual for every Minnesota employee — 1 hour per 33 hours worked, up to 48 hours per year. Balances are maintained in real time, carryover rules are applied correctly, and employee ESST usage is recorded and reported as required.

Workers' Compensation Coverage

Minnesota requires workers' compensation coverage for employers with one or more employees. WorkGenius obtains and maintains coverage through Minnesota's competitive private insurance market, ensuring every employee is covered from their first day of work.

Payment of Wages Act Compliance

The Minnesota Payment of Wages Act governs pay frequency, wage deductions, and final pay timing. WorkGenius manages all payroll obligations — including the immediate-upon-demand final pay requirement for terminated employees and the 5-day rule for resignations.

Unemployment Insurance (SUTA)

Minnesota SUTA contributions calculated and remitted on every payroll cycle. New employer rate is 1.0% on the first $42,000 of each employee's wages (2024). WorkGenius registers, files, and remits all contributions on your behalf.

Minnesota Human Rights Act Compliance

The MHRA applies to employers with just one employee and prohibits discrimination based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, and age. WorkGenius employment agreements and policies reflect all MHRA requirements.

Benefits & Termination

ACA-compliant health coverage, 401(k), and disability insurance — enrolled and administered. At termination, WorkGenius handles final pay (immediate upon demand), COBRA administration, and ensures no prohibited non-compete language appears in any separation documentation.

Minnesota Compliance Dashboard
3 workers · All compliant
Live
ESST Compliance Check
Passed
ESST accrual tracked — 1 hr per 33 hrs worked
Minneapolis local rate applied where required
Non-compete policy aligned to January 2023 ban
This Week's Payroll
$10.85
Base/hr
$16.28
OT rate (1.5×)
Auto
Calculated
Weekly invoice sent
Every Friday · All-in rate
Sent
Technology-Powered

How WorkGenius Handles Minnesota EOR

Most EOR providers flag Minnesota as a standard Midwest state. It is not. Minnesota's Earned Sick and Safe Time law (effective January 1, 2024), its statewide non-compete ban, and Minneapolis's local wage floor create three distinct compliance layers. WorkGenius tracks ESST accrual, applies the correct wage rate per work location, and ensures employment agreements comply with the non-compete ban — automatically, on every payroll cycle.

  • ESST Accrual — Tracked Per Employee
    Minnesota's Earned Sick and Safe Time law requires employees to accrue 1 hour of paid leave for every 33 hours worked, up to 48 hours per year. WorkGenius tracks accrual balances in real time and ensures every employee receives their correct entitlement from day one.
  • Minneapolis Local Wage Compliance
    Employees working in Minneapolis are subject to the city's local minimum wage ($15.57/hr as of 2024) — significantly above the state floor. WorkGenius automatically applies the correct rate based on the employee's work location, not just their home address.
  • Non-Compete Ban — Agreement Alignment
    Minnesota banned non-compete agreements for employees effective January 1, 2023. Any non-compete signed on or after that date is void and unenforceable under Minnesota law. WorkGenius ensures no employment agreement for a Minnesota employee includes a prohibited clause.
  • One Weekly Invoice
    A single, transparent weekly invoice covering payroll, ESST accrual, SUTA contributions, benefits, and compliance. No surprises, no hidden fees.

Other Key Minnesota Compliance Areas

Minnesota combines strong employee protections with a major corporate base — compliance requirements are detailed and actively enforced.

Earned Sick and Safe Time (ESST)

1 hr per 33 hrs worked

Effective January 1, 2024, all Minnesota employers must provide paid sick and safe leave to employees. Employees accrue 1 hour of ESST for every 33 hours worked, up to 48 hours per year. ESST can be used for the employee's own illness, a family member's illness, or absences related to domestic violence, sexual assault, or stalking. Unused balances carry over year to year, subject to the 48-hour cap unless the employer provides a higher limit.

Non-Compete Ban (Minn. Stat. § 181.988)

Banned since Jan 1, 2023

Minnesota prohibits all post-employment non-compete agreements for employees effective January 1, 2023. The statute voids any covenant that restricts an employee from working for a competitor or starting a competing business after leaving employment. Companies must rely on confidentiality agreements, trade secret law, and non-solicitation provisions — not non-competes — to protect their competitive interests in Minnesota.

Minnesota Payment of Wages Act

Immediate on termination

The Payment of Wages Act requires employers to establish regular paydays and pay all earned wages on those dates. Final pay upon involuntary termination is due immediately upon the employee's demand. For voluntary resignations, final pay is due within 5 days of the last day of employment or on the next regular payday, whichever occurs first. Late or withheld wages can result in penalty wages equal to the employee's average daily earnings for each day of delay.

Minnesota Human Rights Act (MHRA)

1-employee threshold

The Minnesota Human Rights Act is one of the most expansive state anti-discrimination laws in the country. It covers employers with just one employee, prohibits a broader range of protected classes than federal law (including sexual orientation, marital status, and status with regard to public assistance), and is enforced by the Minnesota Department of Human Rights. WorkGenius ensures all employment practices, policies, and agreements are MHRA-compliant.

Simple Process

How It Works in Minnesota

From first conversation to fully compliant employment — typically within days.

1

Tell Us What You Need

Workers, roles, locations, and start dates. We tailor the setup to your needs.

2

We Assess & Classify

Our AI runs every worker through California's ABC test. We prepare compliant contracts and payroll setup.

3

Workers Are Employed

Onboarded with California-compliant contracts, benefits enrolled, payroll running from day one.

4

We Handle Ongoing

Payroll runs with daily OT. Taxes filed. Compliance monitored. One weekly invoice.

Minnesota EOR: Common Questions

Are non-compete agreements enforceable in Minnesota?

No. Minnesota banned post-employment non-compete agreements for employees effective January 1, 2023 under Minnesota Statutes § 181.988. Any non-compete signed on or after that date is void and unenforceable — regardless of how it is worded, what the employee was paid to sign it, or how narrowly it restricts competition. The ban applies to employees working in Minnesota even if the employer is based elsewhere. However, non-solicitation of clients, non-solicitation of employees, and confidentiality agreements remain enforceable. WorkGenius ensures no Minnesota employment agreement includes a prohibited clause.

What is Minnesota's Earned Sick and Safe Time (ESST) law?

Effective January 1, 2024, Minnesota requires all employers to provide paid Earned Sick and Safe Time to employees. Employees accrue 1 hour of ESST for every 33 hours worked, up to 48 hours per year. ESST can be used for personal illness, caring for a sick family member, or absences related to domestic violence or sexual assault. Unused ESST carries over to the next year, subject to the 48-hour annual cap unless a higher limit is provided. WorkGenius tracks accrual balances and administers ESST usage as part of the standard payroll cycle.

What is the minimum wage in Minnesota, and does Minneapolis have a higher rate?

Yes — Minnesota has a two-tier state minimum wage and Minneapolis has its own higher local floor. For large employers (annual gross revenue over $500,000), the state minimum wage is $10.85/hr as of 2024. For small employers (under $500,000 in gross revenue), the rate is $8.85/hr. Employees working in Minneapolis are covered by the city's local minimum wage, which is $15.57/hr as of 2024. WorkGenius applies the correct rate based on the employee's actual work location.

What are the final pay rules in Minnesota?

Minnesota's final pay rules are among the most employee-protective in the country. If an employee is fired, laid off, or involuntarily terminated, their final paycheck is due immediately upon the employee's demand — there is no grace period. If an employee resigns voluntarily, final pay is due within 5 days of the last day worked or on the next regularly scheduled payday, whichever comes first. Late payment can result in penalty wages equal to the employee's average daily earnings for each day the payment is delayed. WorkGenius processes final pay within the required timeframes on every termination.

How does Minnesota's high state income tax affect employee payroll?

Minnesota has one of the highest top marginal state income tax rates in the US at 9.85%. The rate is graduated, so not all income is taxed at the top rate, but high earners — common in Minneapolis's corporate and tech sectors — will see significant state withholding. This affects total compensation planning: a $150,000 salary in Minnesota carries a meaningfully higher state tax burden than the same salary in Texas or Florida. WorkGenius handles all federal and Minnesota state income tax withholding, ensuring accurate remittance to the Minnesota Department of Revenue on every pay cycle.

What is the Minnesota Human Rights Act and why does the 1-employee threshold matter?

The Minnesota Human Rights Act (MHRA) is Minnesota's state anti-discrimination law, and it applies to any employer with one or more employees — the lowest coverage threshold in the country. Federal anti-discrimination laws (Title VII, ADEA, ADA) typically require 15 or more employees before they apply. The MHRA also covers a broader set of protected classes than federal law, including sexual orientation, marital status, and status with regard to public assistance. For companies engaging even a single worker in Minnesota through an EOR, full MHRA compliance is required from day one. WorkGenius builds MHRA-compliant policies into every Minnesota employment relationship.

Employer of Record

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