Worked overtime? Your employer should be paying you more

On Behalf of | Apr 27, 2021 | Employment Law |

In Minnesota, employers have a responsibility to pay their workers according to the law. Workers who are on the clock for more than 40 hours in a week should be paid overtime in most cases. Failing to receive this overtime could be a violation of law and result in serious penalties for the employer.

The state has overtime laws to make sure that all employees get paid for the hard work they put in. Within the state, you should be paid at least 1.5 times your regular wage if you work overtime, even if it’s just for a few minutes.

The minimum wage in Minnesota is $10.08 for large employers and $8.71 for some other state minimum wages as of Jan 1., 2021. What that means is that someone making the $10.08 minimum wage should receive at least $15.12 per hour in overtime for each hour worked over 48 each week.

What happens if your employer doesn’t pay you overtime?

There are exceptions to the rule, but in most cases, those who do not pay overtime are in violation of the state laws. Unpaid overtime could be a result of wrongfully classifying their employees or failing to record working hours.

If an employer does not pay what an employee has earned, then the employee can seek double damages as well as the cost of their attorney fees.

How is overtime calculated?

Overtime is calculated by looking at the seven-day workweek, not just the days that a business is open. Holiday hours, sick leave and vacation time is not included in a seven-day work period.

If you work 48 hours in a seven-day period, then you may be entitled to overtime. For example, if you work four days in a row and have four 12-hour shifts without breaks, then you would reach 48 hours at that point. Any work beyond that should be paid at the higher wage.

If your employer is not paying what you’re owed, speak up. You deserve fair compensation for the hours you put in on the job, and your employer may be in violation of the law.

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