Minn. Stat. » CHAPTER 177. LABOR STANDARDS AND WAGES
Minnesota Statutes

Minn. Stat. § 177.28 (2026)

Power To Make Rules

✓ current as of May 2026
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Subdivision 1.General authority.

The commissioner may adopt rules, including definitions of terms, to carry out the purposes of sections 177.21 to 177.44, to prevent the circumvention or evasion of those sections, and to safeguard the minimum wage and overtime rates established by sections 177.24 and 177.25.

Subd. 2.

[Repealed, 1988 c 629 s 64]

Subd. 3.Rules required.

The commissioner shall adopt rules under sections 177.21 to 177.35 defining and governing:

(1) salespeople who conduct no more than 20 percent of their sales on the premises of the employer;

(2) allowances as part of the wage rates for board, lodging, and other facilities or services furnished by the employer and used by the employees;

(3) bonuses;

(4) part-time rates;

(5) special pay for special or extra work;

(6) procedures in contested cases;

(7) other facilities or services furnished by employers and used by employees; and

(8) other special items usual in a particular employer-employee relationship.

Subd. 4.

[Repealed, 1996 c 305 art 1 s 52]

Subd. 5.Rules regarding people with disabilities.

In order to prevent curtailment of opportunities for employment, avoid undue hardship, and safeguard the minimum wage rates under sections 177.24 and 177.25, the department shall also issue rules providing for the employment of disabled workers at wages lower than the wage rates applicable under sections 177.24 and 177.25, under permits and for periods of time as specified therein. The rules must provide for the employment of learners and apprentices at wages lower than the wage rates applicable under sections 177.24 and 177.25, under permits and subject to limitations on number, proportion, length of learning period, occupations, and other conditions as the department may prescribe. The rules must provide that where a disabled person is performing or is being considered for employment where work must be performed which is equal to work performed by a nondisabled person, the disabled person must be paid the same wage as a nondisabled person with similar experience and skill.

Subd. 6.Administrative Procedure Act to apply.

The rules are subject to the provisions of chapter 14.

Notes of Decisions
Cited in 7 cases, 1988–2012 · leading case: Milner v. Farmers Ins. Exch., 748 N.W.2d 608 (Minn. 2008).
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Milner v. Farmers Ins. Exch., 748 N.W.2d 608 (Minn. 2008). · cites it 6× “” Section 177.28, subd. 7(6), defines an “employee,” as relevant here, as “any individual employed by an employer,” but not including “any individual employed in a bona fide executive, administrative, or professional capacity.”
Erdman v. Life Time Fitness, Inc., 788 N.W.2d 50 (Minn. 2010). · cites it 4× “” Minn. Stat. § 177.28 , subd. 7(6) (2006).”
Meyer v. Best W. Seville Plaza Hotel, 562 N.W.2d 690 (Minn. Ct. App. 1997). · cites it 2× “]ompensation due to an employee by reason of employment, payable in legal tender of the United States, check on banks convertible into cash on demand at full face value or, except for instances of written objection to the employer by the employee, direct deposit to the…”
Hawthorne v. Universal Studios, Inc., 432 N.W.2d 759 (Minn. Ct. App. 1988). · cites it 4× “Minn.Stat. § 177.28 (1986) authorizes the commissioner of labor and industry to adopt rules implementing the minimum wage and overtime statutes, Minn.”
Erdman v. Life Time Fitness, Inc., 771 N.W.2d 58 (Minn. Ct. App. 2009). · cites it 2× “Minn.Stat. § 177.28. Under those rules, individuals are employed in executive, administrative, or professional capacities if they perform certain types of duties and are paid a salary, which is defined to mean that an employee “is guaranteed a predetermined wage for each…”
In re the Order to Comply: Labor Law Violation of Daley Farm of Lewiston, 816 N.W.2d 671 (Minn. Ct. App. 2012). · cites it 2× “” Minn.Stat. § 177.28, subd. 1. The DLI has promulgated a rule providing that “[a] salary is not an hourly rate.”
Luiken v. Domino's Pizza, LLC, 654 F. Supp. 2d 973 (D. Minnesota 2009). “Deductions, direct or indirect, from wages or gratuities not authorized by this subdivision may only be taken as authorized by sections 177.28, subdivision 3, 181.06, and 181.”
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