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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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6.16 Applicable Minimum Wage

ISSUE DATE: 12/2016

There are both state-minimum-wage laws and federal minimum wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

The higher minimum wage should be applied to contracted, salaried, or self -employed applicants or participants unless the person can supply information to show that they are not subject to this standard. The CCAP agency should work with the applicant or participant to identify the correct applicable amount if the person believes that they should not be subject to the higher minimum wage but verification is not available.

If a worker receives an hourly wage from their employer and they are not self employed, contracted, or salaried, assume that the applicable minimum wage is being paid by the employer.

Some employers employ disabled persons and may qualify for disabled-worker permits. To pay a disabled person less than the state minimum-wage, an employer must apply for a subminimum-wage permit from the Minnesota Department of Labor and Industry. Under these circumstances, the wage paid should be regarded as the ‘applicable minimum wage’ and meet CCAP requirements.

Legal Authority

Minnesota Statutes 119B.10
Minnesota Rules 3400.0040

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