Minnesota Statutes

Minn. Stat. § 181.68 (2026)

Actions; Limitations, Damages, Attorney Fees, Parties, Compromises

✓ current as of May 2026

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Subdivision 1.Right of action.

Any employee whose compensation is at a rate that is in violation of section 181.67 has a right of action against an employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action, and an amount up to the amount of these unpaid wages may be levied at the discretion of the court as exemplary damages.

Subd. 2.Attorney fees.

In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney fees to be taxed as costs.

Subd. 3.Parties to action.

The action for the unpaid wages and liquidated damages may be maintained by one or more employees on behalf of themselves or other employees similarly situated.

Subd. 4.Agreements for lesser compensation.

An agreement for compensation at a rate less than the rate to which an employee is entitled under sections 181.66 to 181.71 is not a defense to any such action.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1994–2021 · leading case: Zawels v. Edutronics, Inc., 520 N.W.2d 520 (Minn. Ct. App. 1994).

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Zawels v. Edutronics, Inc., 520 N.W.2d 520 (Minn. Ct. App. 1994). · cites it 2× “08 (1992) (punitive damages may be awarded in Beer Brewers and Wholesalers Act action if court finds defendant acted in bad faith); Minn.Stat. § 181.68, subd. 1 (1992) (in wage discrimination case, exemplary damages up to amount of unpaid wages may be levied at court’s…”

Backlund v. City of Duluth, 176 F.R.D. 316 (D. Minnesota 1997). · cites it 2× “08 (1992) (punitive damages may be awarded in Beer Brewers and Wholesalers Act action if court finds defendant acted in bad faith); Minn.Stat. § 181.68, subd. 1 (1992) (in wage discrimination case, exemplary damages up to amount of unpaid wages may be levied at court’s…”

Payne v. UNISYS Corp. (D. Minnesota 2021). · cites it 2× “§ 216 (b), Minn. Stat. § 181.68 , subd. 2, while the Court exercises discretion in awarding fees and costs under the MHRA and Title VII.”

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