If no executor or administrator has been appointed for the estate of a deceased employee, an employer must pay up to $10,000 of wages due the employee to the surviving spouse, upon request. Wages include accumulated credits for vacation and overtime. The employer must:
• Obtain an affidavit as proof of the claimant's relationship to the deceased employee; and
• Require the claimant to provide a written receipt of the payment made by the employer (MN Stat. Sec. 181.58).
Payment is considered full satisfaction of the employer's debt to the extent of the amount paid. The law applies to all public and private employers.
Additional information about handling the death of an employee in the workplace is available.
Reviewed August 2015.