In Minnesota, is my employer required to pay overtime for hours worked over 80 in a pay period?

UPDATED: Oct 1, 2022

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In Minnesota, is my employer required to pay overtime for hours worked over 80 in a pay period?

My employer told me he did not have to
pay me for the 320 hours of overtime I
have worked this year. I wanted to find
out if that was accurate, and if not,
what I can do about it.

Thank you,

Asked on January 8, 2019 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Overtime is not calculated by pay period or by day, but by week. It is based on weekly hours. Any week that you worked more than 40 hours in a week, you are entitled to overtime for all time past 40 hours. So look at your weekly hours, not either pay period or daily hours--just weekly. If not paid overtime for all time past 40 hours, contact your state's department of labor about filing a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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