What Is The Law Regarding Overtime?
The Minnesota Fair Labor Standards Act requires employers to pay overtime for all hours worked in excess of 48 per work week.
The Federal Fair Labor Standards Act requires some employers to pay overtime for all hours worked in excess of 40 per work week. These employers include:
- employers that produce or handle goods for interstate commerce;
- businesses with gross annual sales of more than $500,000;
- businesses that were covered before April 1, 1990, under the $250,000 ($362,500 retail and services) dollar volume test; and
- hospitals and nursing homes, private and public schools, federal, state and local government agencies.
Overtime pay must be at least oneandonehalf times the employee's regular rate of pay, which is determined by dividing the total pay in any work week by the total hours worked in the week. Overtime is based on actual hours worked in a sevenday work week. Holiday hours, vacation time or sick leave are not counted in figuring overtime hours.
Some employees are exempt from Minnesota's overtime wages. The following is a partial list:
- executive, administrative or professional employees that meet the salary and duty requirements as defined by state and federal regulations;
- retail or service employees paid on a commission basis, if the regular rate of pay exceeds oneandonehalf times the minimum wage;
- an outside salesperson;
- a salesperson, parts person or mechanic that works for a commercial vehicle dealership on a commission or incentive basis;
- certain agricultural workers (minors employed as corn detasslers or hand fieldworkers with a parent or guardian are not exempt).
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Employment Law for Employees Articles
- What is the minimum wage in the state of Minnesota?
- Does My Employer Have To Provide Rest Or Meal Breaks?
- Can My Employer Fire Me Without Reason Or Notice?
- What Is The Minimum Age For Employment?
- Are There Restrictions On The Hours That A Minor Can Work?
- Are Minors Prohibited From Working In Certain Occupations?
- Who May Apply For Unemployment Benefits?
- How Do I Apply For Unemployment Benefits?
- How Much Are Unemployment Benefits In Minnesota?
- Once I'm Eligible, What Do I Do To Receive Benefits?
- Can I Work Part Time And Still Receive Benefits?
- Are My Unemployment Benefits Taxable?
- Can I Receive Benefits While Attending School?
- How Do I Stop My Account If I Return To Work?
- What Is The New Hire Law?
- What Information Must I Report?
- How Do I Report?
- Do I Need To Report An Employee Who Worked For A Couple Of Hours Or Days And Then Quit?
- What If I Still Have More Questions About New Hire Reporting?
- Who Is Covered By Minnesota Prevailing Wage Laws?