Does the federal OT cap 40 hours in a continuous 7-day work period or does the state OT cap 48 hours supersede?

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Does the federal OT cap 40 hours in a continuous 7-day work period or does the state OT cap 48 hours supersede?

As a landscaping company in MN, specifically regarding non-exempt hourly employees performing landscaping, plowing and in general various labor-intensive services year-round. I need some guidance here.

Asked on February 11, 2019 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

State law can supplement federal law but cannot supercede it: under the "Supremacy Clause" of the U.S. Constitution, federal law trumps state law. So while state law can be more generous than federal, at a minimum, you have the rights you get under federal law, which state law cannot take away. In this case, to overtime after 40 hours worked in a single work week.


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