When is Your Employee Entitled to Overtime Pay? Minnesota Employment Attorney Explains

Most workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate.

Generally, employers cannot provide “comp” pay instead of paying overtime. For those employers not covered by federal law, Minnesota law requires overtime pay for hours worked in excess of 48 hours per week. Neither federal nor state law requires “differential pay” for work on Saturdays, Sundays, holidays, or night shifts, although some union contracts and employer policies provide for such pay.

Penalties for Employers Violating Minnesota Overtime Laws

There are severe penalties for an employer that does not properly pay overtime. In addition to overtime pay, the employer may be liable for liquidated damages and attorneys’ fees and costs.

Salaried Employees Entitled to Overtime Pay

There are numerous exceptions to the requirement to pay overtime. Many employers wrongfully classify their employees as “salaried” and therefore do not pay them overtime. Both federal and state laws have detailed regulations to determine whether an employee is exempt from overtime regulations. For federal laws, see these Fact Sheets.

Whether an employee is actually salaried is not dependent on the job title, it depends upon the employee’s actual job duties.

This is true regardless of whether the employer calls them salaried. The following are some of the salaried employee exemptions from overtime:

  • Executive Employees
  • Administrative Employees
  • Professional Employees
  • Computer Employees
  • Outside Sales Employees if they are really selling and not merely representing the company
  • Retail and Service Employees if they earn more than half of their wages per week in commissions.

The regulations governing whether an employee is exempt from overtime are extremely complex. An attorney can help you navigate through these difficult regulations to determine if overtime is required.

Getting Help with Employment Law Issues

Employers often feel overwhelmed with the complexity of state and federal employment laws. Our employment attorneys help companies ensure compliance with state and federal laws.

Leave a Public Comment

  • Mike Hammerbeck
    October 12, 2012, 3:34 pm

    here is my phone number. 715-292-XXXX

  • Mike Hammerbeck
    October 12, 2012, 3:33 pm

    Hello, I am a Paramedic working for Hcmc in Mpls. I have a few questions regarding hours worked in a seven day period. My situation is like this. I work a rotating 7 week schedule. I work two 12 hr shifts, followed by three 8 hr shifts, for a total of 48 hours in a five day period, followed by 3 days off. I do this for two weeks. Then I work three 12 hr shifts, followed by two 8 hour shifts, for a total of 52 hours in a five day period, followed by 3 days off. I do this for 2 weeks. Then I work two 12 hr shifts followed by two 8 hr shifts, for a total of 40 hours, followed by 4 days off. I do that for 3 weeks for a total of 7 weeks. My question is this. Are we entitled overtime pay due to the hours in a row we work, even though we may start into another pay period? It may be worth noting that we are not FLSA exempt like the Police or Fire service.

    Thank you,

    Mike Hammerbeck