Minnesota Overtime Laws

States usually define a full workweek as including the weekdays only, but in Minnesota, all seven days of a week are counted. Specifically, the Minnesota Fair Labor Standards Act requires all employers, regardless of gross annual revenue, to pay overtime for all hours an employee works in excess of 48 hours during the seven day period of a workweek. Employees must also be paid at least 1.5 times their regular rate of pay for these overtime hours.

Minnesota Overtime Law Summary

This chart highlights key provisions of Minnesota overtime law.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours over 48 hours in a workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 48: Add regular rate for each hour up to 48, then pay time and a half for hours over 48.
    • If the regular hours = 48: Pay time and a half for hours over 48.

Exempt from FLSA

  • The following class of employees are not entitled to overtime pay (partial list)
    • Agriculture and farm workers
    • Seasonal workers
    • Nonprofit organization volunteers
    • Elected officials
    • Policemen or firemen
    • Taxicab drivers
    • Babysitters

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Qualifications of Minnesota Overtime Laws

In Minnesota, overtime is based on actual hours worked in a seven-day workweek, so holiday hours, vacation time and sick leave are not counted. Also, an employee is not entitled to overtime pay if the employee does not work more than 48 hours in a seven-day workweek.

Exemptions from Overtime in Minnesota

Under Minnesota law, if you do not qualify as an "employee" then employers are exempt from paying you overtime rates. Occupations that are not considered "employees" under Minnesota law include:

  • Agriculture and farm workers, including corn detasselers under the age of 18
  • Seasonal workers that work for a day camp operating under a permit
  • Nonprofit organization volunteers
  • Elected officials
  • Policemen or firemen
  • Taxicab drivers
  • Babysitters
  • Carnival, circus, fair or ski facility workers employed on a seasonal basis
  • Natural resource managers or conservation officers
  • Seafarers, which include positions related to vessels such as pilots, sailors, engineers, radio operators, firefighters, security guards, pursers, surgeons, cooks, and stewards;
  • Nuns, monks, priests, lay brothers, lay sisters, ministers, deacons, and other members of religious orders who serve in schools, hospitals, and other nonprofit institutions operated by the church or religious order.

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Overtime laws in Minnesota can have a variety of subtle differences when compared to the overtime laws of other states. If you believe you are owed overtime pay or want to learn more about Minnesota overtime laws, you can contact a local attorney for a free initial case review at no obligation today.

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