Minnesota Overtime laws & HR compliance analysis

Minnesota Overtime: What you need to know

Since the federal Fair Labor Standards Act (FLSA) applies to virtually all enterprises involved in interstate commerce, most Minnesota employers are covered by both state and federal law and must adhere to the stricter federal overtime standard. The federal standard requires that 11/2 times an employee's regular rate be paid for hours worked in excess of 40 during a workweek. Minnesota is less generous to employees than the federal government, requiring overtime pay only for hours worked in excess of 48 during a workweek (MN Stat. Sec. 177.23). Thus, the state provisions are only applicable to employers that are either exempt from the federal law or excluded from its coverage because they are not engaged in interstate commerce.
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Minnesota exempts executive, administrative, and professional employees from the overtime requirements.
There are numerous additional exceptions to the Minnesota overtime requirement, including (MN Stat. Sec. 177.23 and Sec. 177.25):
• Outside salespersons
• Builders of on-farm silos employed on a piece-rate basis, if their pay figured on an hourly basis exceeds the minimum wage
• Two or fewer individuals employed at any given time in agriculture on a farming unit or operation who are paid a salary
• Volunteers at nonprofit organizations
• Seasonal staff members of licensed, nonprofit children's camps
• Seasonal workers in a carnival, circus, fair, or ski facility
• Elected officials or volunteer workers for political subdivisions
• Police and firefighters
• Babysitters
• Certain individuals employed by the state as natural resource managers
• Nuns, monks, priests, lay brothers, lay sisters, ministers, and deacons who serve pursuant to their religious obligations ...

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