Complaint and Appeal Process
Complaint and Appeal Process
The Metropolitan Airports Commission (MAC) will respond to every report of a suspected violation of the minimum wage ordinance. It has the sole discretion to determine whether to investigate or to pursue a reported suspected violation of this Ordinance. If the MAC decides not to investigate or otherwise pursue a report of suspected violation, the MAC will provide a written notification to the Employee, or other person who reported a violation, that the MAC is declining to further investigate the report and the reason for declining. If the MAC decides to investigate further, the following steps will be followed:
Complaint Process
Step 1:
The MAC has reason to believe a violation has occurred, either through a report filed by an Employee or other person, or through its own compliance activities.
Step 2:
The MAC sends the Employer suspected of violating the ordinance a notification of the complaint and requests a response to the allegations. The Employer is asked to provide records of appropriate wage payment as part of its response.
Step 3:
The Employer has 21 days to respond to the allegations in the report. A date and time by which the allegations must be responded to will be provided in the request.
Step 4:
The MAC conducts an objective and impartial investigation. A fact-finding meeting may occur with the Employer, Employee, or other person who filed the report of a suspected violation, and any of their representatives and/or people who can provide testimony on their behalf. The purpose of the meeting is to better define the issue(s), determine what facts are undisputed, resolve the issue(s) that can be resolved and provide an opportunity to discuss or negotiate how to best resolve the issue(s), including possible financial settlements.
Step 5:
If the matter is not settled as part of the fact-finding process, the MAC will provide a written statement that includes the facts that were gathered from the investigation and will state whether a violation of the Ordinance has or has not occurred based on those facts. The “determination of violation” will be provided to the Employer and the Employee or other person who filed the suspected violation report.
If a violation is determined to have occurred, the “determination of violation” will include what actions the MAC requires of the Employer to rectify the situation, including any fines the Employer must pay and how it must remedy the situation with its Employee (or Employees if the violation covers multiple Employees), up to and including reinstatement of employment, paying the Employee or Employees the wages the they did not receive because of the violation (back pay), compensation payments to the Employee or Employees for damages they may have incurred, interest that may have been lost due to the violation, or other remedies.
Appeal Process
An Employee, former Employee, or Employer may appeal a determination of violation or penalty by filing an appeal with the MAC’s Human Resources and Labor Relations Department within twenty-one (21) days of notice of the determination of violation. (A date and time by which the appeal must be received will be provided with the “determination of violation”) If an Employer does not file a written appeal on or before that time the Employer is deemed to have admitted to the violation, and the violation is recorded as such .
Step 1:
After receipt of a timely appeal, the MAC will refer the matter to a Hearing Officer.
Step 2:
The Hearing Officer will be provided and will review all records, statements, documents, and files related to the investigation.
Step 3:
The Hearing Officer will schedule a formal hearing that will be recorded by a digital recorder or by a qualified legal reporter, and will follow these steps:
1. The MAC will present evidence supporting its determination.
2. The party (Employer or Employee or other person submitting the report) requesting the hearing may appear in person, may be represented by legal counsel, may ask questions of the witnesses who are present, and may present any relevant evidence which the party has relating to the facts laid out in the determination of violation.
3. All testimony is taken after parties have made an oath to tell the truth about the situation, but both the MAC and the party requesting the hearing (Employer, Employee or other person submitting the report) may introduce factual information under oath in the form of written and sworn statements if witnesses are unavailable or refuse to appear in person.
4. The Director (the person at the MAC responsible for issuing the “determination of violation”) must prove that the Employer violated this Ordinance by providing adequate and satisfactory evidence.
5. The Hearing Officer will listen to the evidence and will make a determination based on the facts and conclusions of law relevant to the violation(s) contained in the determination of violation and penalty imposed.
Step 4:
The Hearing Officer will issue a report in writing stating their findings, conclusions and decision as soon as practical following the hearing.
Step 5:
The MAC will notify the Employer and the Employee who filed the suspected violation report at issue of the Hearing Officers’ decision.
The Hearing Officers’ decision of the appeal is considered the MAC’s final decision. The Employer or Employee will not have the right to appeal the decision.
Frequently Asked Questions
How much is the minimum wage?
The MSP Airport Minimum Wage Ordinance sets an hourly minimum wage of $15.00 an hour as of July 1, 2022.
When does the Ordinance take effect?
The MSP Airport Minimum Wage Ordinance is effective December 1, 2020; however, the wage requirements are effective on the dates specified below:On January 1, 2021, the hourly minimum wage shall be $13.25.On July 1, 2021, the hourly minimum wage shall be $14.25. On July 1, 2022, the hourly minimum wage shall be $15.00.
What are wages?
A wage is the amount of money an employer pays an employee for work they perform for the employer. The term wage does not include health insurance or other benefits provided to employees.
Do tips count toward the minimum wage?
No. No employer at MSP Airport may directly or indirectly credit, apply, or use tips or gratuities toward payment of the minimum wage set by the MSP Airport Minimum Wage Ordinance.
Which employers at MSP Airport are exempt from the MSP Airport Minimum Wage Ordinance?
(a) The United States government (including FAA, TSA, CBP, etc). (b) The State of Minnesota, including any office, department, agency, authority, institution, association, society or other body of the state, including the legislature and the judiciary. (c) Any county or local government, except the Metropolitan Airports Commission. (d) Providers with certificates issued by the United States Department of Labor or the Minnesota Department of Labor and Industry for purposes of subminimum wage payments pursuant to Minnesota Statutes, Section 177.28 and Minnesota Rules part 5200.0030, but only to the extent of the workers specifically covered by the subminimum wage certificate.
What if I work for two or more MSP Airport employers?
All MSP Airport employers must follow the MSP Airport Minimum Wage Ordinance, unless noted as otherwise in the Ordinance, however not all employees are covered by the wage requirements of the Ordinance. See question 10.
What if an employer is based outside of MSP airport, but the employee works at MSP?
An employee who is based outside the Airport and performs work at the Airport on an occasional basis is covered by the Ordinance if the employee in a particular workweek performs at least 2 hours of work for an employer within the geographic boundaries of the Airport.
What do I do if my employer refuses to pay the minimum wage?
An employee or other person may report to the Metropolitan Airports Commission Vice President of Human Resources & Labor Relations any suspected violation of the Minimum Wage Ordinance. A report can be made any one of the following ways: Call: 612‐726‐8196 Email: minimumwage@mspmac.org Send a letter: 6040 28th Avenue South, Minneapolis 55450
Does the minimum wage apply to every employee that works at MSP Airport?
No. Government employees are generally not covered, as described in question 6. In addition, only MSP Airport employees who perform services that materially affect the traveling public who use the passenger terminals of the airport are covered by the Ordinance. For more information, see examples of the type of job classifications that are covered by the Ordinance.
Can an employer request the minimum wage requirements be waived?
No.
Are collective bargaining agreements exempt?
No.
Are employers required to post notices?
Yes. Every employer shall post a notice, in a conspicuous place at every workplace or job site where any employee works, informing employees of the current minimum wage rate and their rights under the Ordinance.
How will the minimum wage ordinance be enforced?
If an employer is found to have violated the Ordinance, the Metropolitan Airports Commission Vice President of Human Resources & Labor Relations will notify the employer that they must stop engaging in the violation of the ordinance and may order them to pay the employee the amount they are owed for work they performed after the Ordinance went into effect (the difference between the wage paid and the wage the employee should have been paid for the hours they worked during that period), compensation for the financial or other damages an employee may have incurred because of the employer’s violation, and/or payment of a civil penalty of up to $1,000 for each violation.
I want to report a violation, but I am afraid of retaliation. What should I do?
Employers are prohibited from retaliating against employees who report a violation of the Ordinance. Employers who retaliate under the Ordinance are subject to having to pay monetary damages. An employee or other person may report to the Metropolitan Airports Commission Vice President of Human Resources & Labor Relations any suspected violation of the Ordinance in one of the ways identified in question 9.
Where can I get more information?
You can find more information about the minimum wage ordinance on myMSPconnect or read the full text of the ordinance. You can also send written requests to the Vice President of Human Resources & Labor Relations at 6040 28th Ave S., Minneapolis, MN 55450 or via email minimumwage@mspmac.org.