Employment Law -- Employee

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).