What Is The Law Regarding Overtime?

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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).

Other Minnesota Labor and Employment FAQs

Q: What is the minimum wage in the state of Minnesota?
A: The minimum wage is $6.15 for employers whose annual gross volume of sales made or business done is not less than $500,000. For employers whose annual gross volume of … More
Q: Does My Employer Have To Provide Rest Or Meal Breaks?
A: Rest breaks are not required, however you must be allowed time to use the nearest restroom once every four consecutive hours worked. If you work eight or more … More
Q: Can My Employer Fire Me Without Reason Or Notice?
A: Minnesota is an employment "at will" state. An employer can fire an employee for any reason as long as that reason is not illegal. If you feel that you were … More
Q: What Is The Minimum Age For Employment?
A: In most cases no one under the age of 14 may be employed. However, there are certain exceptions including newspaper carrier, actor, actress and model. Proof of age … More
Q: Are There Restrictions On The Hours That A Minor Can Work?
A: Children under the age of 16 (ages 14 and 15) cannot work before 7 a.m. or after 9 p.m., more than 40 hours a week or more than eight hours a day. Once they reach the … More
Q: Are Minors Prohibited From Working In Certain Occupations?
A: Prohibited occupations for minors under the age of 18 are as follows: To serve, dispense or handle intoxicating liquors that are consumed on the premises; To work in … More
Q: Who May Apply For Unemployment Benefits?
A: Unemployment benefits cover most people who have worked in Minnesota for private employers or state and local governments. It does not cover people who have worked … More
Q: How Do I Apply For Unemployment Benefits?
A: You may file an application for unemployment benefits by completing the application online , by calling TELECLAIM , by applying at your nearest WorkForce Center … More
Q: How Much Are Unemployment Benefits In Minnesota?
A: State law establishes a formula requiring the amounts to be determined by the average weekly wage in Minnesota and to be recalculated each year. The amount of … More
Q: Once I'm Eligible, What Do I Do To Receive Benefits?
A: To receive benefits you must file a request for payment every two weeks. The first week you are eligible for benefits is called the waiting week. No benefits are paid … More