Minnesota Overtime Laws

Usually after 40 hours under federal law; after 48 hours under Minnesota law is the practical starting point for most covered, nonexempt employees.

Overtime is calculated by workweek, not by pay period. An employer cannot average a long week and a short week together to avoid overtime that was earned in the long week.

How this differs from federal law: Minnesota's state threshold is 48 hours, while the FLSA threshold is 40. A federally covered employee keeps the more protective 40-hour rule; the state rule can reach employment that falls outside federal coverage.

Employers must apply the law that protects the employee. The federal 40-hour trigger controls for federally covered work, while Minnesota's 48-hour rule can protect workers outside federal coverage.

The general rule does not fit every worker or workplace. These points are especially important in Minnesota:

• -Minnesota overtime is based on hours actually worked, so vacation, holiday and sick leave do not count toward the threshold.
• -Minnesota lists more than 20 occupation or employment categories with specific exemptions.
• -Agricultural work has separate state guidance and should be checked against both Minnesota and federal rules.

Under the FLSA, hours worked include time the employer requires or permits an employee to spend working. That can include required preparation, certain training or travel, and work performed before clocking in or after clocking out.

Paid vacation, holidays and sick leave usually are not hours actually worked for the federal 40-hour calculation. A contract, policy or state-specific rule can be more generous.

The workweek is a fixed, recurring period of 168 hours. It does not have to run Monday through Sunday, but it cannot be changed from week to week to avoid overtime.

Being paid a salary does not automatically remove an employee's right to overtime.

Common executive, administrative and professional exemptions depend on the employee's real job duties and the applicable pay-basis requirements. A title such as "manager" does not settle the question.

State exemption tests can differ from federal tests. Employers should apply every law that covers the work rather than relying only on payroll method or title.

An employer may require advance approval before overtime is worked. Even so, covered work must be paid when the employer required it, allowed it, or knew or should have known it was happening.

The employer may address a violation of its scheduling policy separately, but it cannot accept compensable work and then erase the hours from payroll.