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The Labor Standards Division enforces the City’s Earned Sick and Safe Time (ESST) and Minimum Wage ordinances and investigates potential violations. The division is committed to working closely with Saint Paul employers and employees to educate them on labor standards requirements and fairly resolve complaints.

Throughout the investigation, a labor standards investigator will work closely with the employer and complainant to ensure they understand the process and expectations.

Questions about the ordinances? Find more information about ESST and Minimum Wage or contact the Labor Standards Division. 

1

Intake Conversation

After receiving a complaint, a labor standards investigator will reach out to the person who submitted it to have an in-depth intake conversation. This can happen over the phone or in-person. It usually lasts one to two hours.

2

Notice of Investigation

The Division will mail a Notice of Investigation to the employer after opening an investigation. Employers must respond within 30 days. Employers must also post the Notice of Investigation somewhere visible and accessible to all employees.  

3

What to Expect During an Investigation

Employer: One of the City's labor standards investigators may ask to interview employees, review additional documents, or meet with leadership. Employers must respond to document requests in a timely manner.  

Complainant: If it becomes necessary during the investigation to reveal the name of the complainant, the investigator will reach out to that person to get permission before sharing their name. 

4

What Happens If There's a Violation

If the Department determines there has been a violation, they will send the employer a Notice of Violation with the Determination and recommended restitution. The employer has the choice to: 

  1. Do nothing. The matter will be placed on the City Council agenda for adoption of the Determination and imposition of the recommended restitution. 
  2. Accept the violation and pay the recommended restitution. Employer will pay proposed back pay and liquidated damages, if any, within 15 days of the notice of violation and send proof of payment to the City.  
  3. Dispute the violation or contest the recommended restitution amount. If an employer disputes the facts of the violation outlined in the Determination or contests the recommended restitution amount, they may request a hearing before an Administrative Law Judge (ALJ) within 15 days of the notice of violation. At that hearing, the employer and the City will appear and present witnesses and evidence and be able to cross-examine each other's witnesses. After receipt of the ALJ’s report and recommendation (usually within 30 days), a City Council hearing will be scheduled. At that time, the City Council will decide whether to adopt, modify, or reject the ALJ’s report and recommendation.