According to state law, employers must pay overtime for all hours worked over 48 in a workweek. For employers subject to the federal Fair Labor Standards Act (FLSA), overtime pay is required for work exceeding 40 hours in a workweek.
Overtime is calculated based on actual hours worked, meaning holiday hours, vacation time, and sick leave do not count toward the 48 hours under Minnesota law.
The overtime rate is one-and-one-half times the employee’s regular rate of pay. If an employee receives meal or lodging allowances against the minimum wage under Minnesota Rules 5200.0060, these credits must be included in the employee’s pay when calculating overtime.
Employer Obligations
In Minnesota, employers must pay overtime wages regardless of:
- The firm’s size, location, or gross sales
- The method of compensation (hourly, salary, commission, piece rate, or other)
- Designations such as part-time, temporary, seasonal, or contract
Exempt Employees
Some employees may be exempt from overtime, including:
- Executive, administrative, or professional employees who meet the salary and duty requirements of the department’s rules
- Outside salespersons
- Salespersons, parts persons, or mechanics for vehicle dealerships who sell or service automobiles, trailers, trucks, or farm implements, are paid on a commission or incentive basis, and are employed by a dealer selling to the consumer
- Agricultural workers paid a salary of at least $724.71 per week for large employers grossing $500,000 a year or more, or $590.94 per week for small employers grossing less than $500,000 a year