The following is a free demand letter sample demanding payment for overtime wages not paid. For more Minnesota demand letters, see the sample demand letter page. This letter is for example purposes only. Do not use this letter without consulting with an experienced employment attorney.
[CITY], [STATE] [ZIP]
Dear [FORMER EMPLOYER]:
Re: WRITTEN DEMAND FOR PAYMENT OF OVERTIME WAGES NOT PAID BY [FORMER EMPLOYER].
[LAW FIRM] and myself, [ATTORNEY], have been retained by [CLIENT], [CLIENT], and [CLIENT] (hereinafter “my clients”) in connection with overtime issues stemming from their employment with [FORMER EMPLOYER]. (hereinafter “[FORMER EMPLOYER]”). Please consider this letter a demand for payment of overtime wages pursuant to Federal Fair Labor standards Act and Minnesota Statute sections ___________.
I understand each of my clients has been a laborer for [FORMER EMPLOYER] since they began working for you and your company. Each of my clients should have been paid on an hourly, non-exempt rate during the entire course of their employment with [FORMER EMPLOYER]. As such, each of my clients is unequivocally entitled to overtime pay under both federal and state law, including both [APPLICABLE LAW]
It is also clear that each of my clients’ prior employment with [FORMER EMPLOYER] meets none of the exemptions that would allow any of them not to be paid overtime. See [APPLICABLE LAW] None of my clients qualify as an Executive, Administrative, or Professional employee under United States or Minnesota exemptions, nor do any of my clients qualify for the Outside Sales exemption or the Retail and Service Establishment exemption, as none of my clients did any selling.
Under the Fair Labor Standards Act (FLSA), employers must pay employees overtime pay for hours worked in excess of forty (40) in a workweek of at least one and one-half times their regular rates of pay. The Minnesota Fair Labors Standards Act requires all employers to keep records of the hours worked each day and each workweek by the employer for at least three (3) years. See Minn. Stat. § 177.30(a). Each failure to keep such records is punishable by a fine, and such fine is in addition to the criminal penalties afforded by statute. See Minn. Stat. § 177.30(b). We, therefore, presume you have these records showing the hours worked by each of my clients for and during the course of their entire employment with [FORMER EMPLOYER].
Both federal and state law also provide for damages, penalties, and attorney’s fees if an employee is not paid overtime as required by applicable law. If litigation were commenced, each of my clients would be entitled to the following:
- All unpaid overtime wages,
- An additional penalty in an amount equal to the overtime wages not paid, and
- Attorney’s fees and costs.
Because of this, the Minnesota Department of Labor and Industry (DLI) will agree with our position and analysis regarding your failure to pay overtime wages and the required damages, penalties, and attorney’s fees resulting from litigating this claim in court or filing a formal complaint with DLI to enforce the mandates after DLI conducts a full investigation of [FORMER EMPLOYER]. However, regardless of this, we have not yet filed a formal complaint with DLI or a civil action in district court against [FORMER EMPLOYER]. See Minn. Stat. § 177.27.
To this end, my clients enjoyed their position at [FORMER EMPLOYER] and would prefer that this matter be resolved amicably without such litigation, without filing a civil action in court, and without filing an official complaint with DLI requesting a complete on-site investigation of [FORMER EMPLOYER]. If we are able to resolve this issue without further legal action, my clients merely want the overtime compensation they are required to be paid by law and reimbursement for attorney’s fees. Ergo, my clients are not (at this time) seeking the added penalties each of them will no doubt be entitled to should we proceed to and begin litigation and the DLI complaint process, nor are they requesting any [APPLICABLE PENALTIES] to be levied against [FORMER EMPLOYER].
Please contact me within ten (10) days of this letter to let me know if you are willing to attempt to resolve this matter voluntarily. I caution you that state and federal law prohibit you from taking any retaliatory action against my clients as a result of (i) this notification to you, (ii) our intention to notify [APPLICABLE AGENCY] and file a civil action if you fail to comply with our request, or (iii) my clients’ request for back wages and attorney’s fees. See Minn. Stat. § 177.32.
Attorney for [CLIENT],
[CLIENT], & [CLIENT]