Minnesota Wage and Hour Issues

Fair Labor Standards Act Coverage

Employers must pay minimum wages and overtime pay to certain employees for hours worked. What the minimum wage is, when overtime is to be paid, who is a covered employee, and what constitutes hours worked, however, varies between state and federal law. Because the federal Fair Labor Standards Act (“FLSA”) covers employees of enterprises whose workers are engaged in interstate commerce, or handle, sell or otherwise work on goods or materials that have been moved in or produced for interstate commerce, most employers and their employees in Minnesota are governed by the federal FLSA. Therefore, employers should assume that their business is covered by the federal FLSA unless the employer has been advised otherwise by its legal counsel. Even if the employer assumes that its business is covered under the federal FLSA, the employer still needs to be aware of Minnesota’s provisions if such provisions are more favorable to the employee.

The next several posts will cover Minnesota wage and hour issues. The following posts are not intended as legal advice. You should always consult with an experienced Minnesota business attorney before handling wage and hour issues.

CREDITS: The content of this and any related posts has been copied or adopted from An Employer’s Guide to Employment Issues in Minnesota, provided by the Minnesota Department of Employment and Economic Development & Linquist & Vennum P.L.L.P., Tenth Edition, 2009. Copies are available without charge from the Minnesota Department of Employment and Economic Development, Small Business Assistance Office.