Knowing that you have a long week ahead of you becomes more manageable when you know that you’re going to earn overtime pay. Overtime pay, or “time and a half,” is required by law for certain types of employees who work longer than 40 hours in a single workweek.
In addition to the federal wage laws, Minnesota also has the Minnesota Fair Labor Standards Act to protect employees. Under this act, all employers must pay overtime to their employees if they work more than 48 hours in a single, seven-day workweek. Having a better understanding of these laws can ensure you receive proper compensation for your hard work.
Overtime Law Summary for Minnesota
The table below illustrates the components of overtime law in Minnesota.
State/Federal Statutes
Fair Labor Standards Act of 1938 (FLSA)
Minnesota Statutes § 177.25 (Overtime Law for Minnesota)
Methods For Overtime Calculation:
Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
FLSA Exemptions
These types of employees do not qualify for overtime pay:
Agriculture/Farm Workers
Babysitters
Elected Officials
Firemen
Policemen
Seasonal Workers
Taxicab Drivers
Volunteers for Nonprofit Organizations
Others
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Wage Complaint Form with the Minnesota Dept. of Labor
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the current wage laws for accuracy.
Minnesota Overtime Laws Qualifications
Minnesota overtime laws base overtime pay status on the seven-day workweek. Sick leave, vacation time, and holiday hours are not counted. Employers must pay overtime to employees who work more than 48 hours in a single, seven-day work week.
Minnesota Overtime Law Exemptions
Minnesota law requires that you be classified as an employee to receive overtime rates. Here are some positions that do not classify as employees under Minnesota Law:
Agriculture/Farm Workers (including corn detasselers 18 years old)
Babysitters
Carnival, Circus, Fair or Ski Facility Workers (Seasonal Basis)
Conservation Officers
Elected Officials
Firemen
Natural Resource Managers
Nonprofit Organization Volunteers
Policemen
Religious Service Members (including those who serve in schools, hospitals, and nonprofits).
Seafarers (including vessel related jobs: pilots, sailors, engineers, radio operators, firefighters, security guards, pursers, surgeons, cooks, and stewards)
Seasonal Workers that work for a day camp operating under a permit
Taxicab Drivers
Do You Think You Have a Case? Contact Lemberg Law for Counsel
If you feel that an employer has taken advantage of you or someone you care about, please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for Federal and state wage law violations.
About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
