The rule in Minnesota
Minnesota's statute requires overtime after 48 hours in a workweek. The federal Fair Labor Standards Act requires it after 40. When both apply, the one more favorable to the employee wins, so for jobs covered by federal law the threshold is 40.
The US Department of Labor's state table adds: “STATE threshold is 48 hours, not 40. FLSA-covered employees still get overtime after 40 under federal law — apply 40 for covered employees. This is the most commonly mis-stated state in competitor tools.”
The 48-hour state threshold
STATE threshold is 48 hours, not 40. FLSA-covered employees still get overtime after 40 under federal law — apply 40 for covered employees. This is the most commonly mis-stated state in competitor tools.
Most employers are covered by the federal FLSA: any business with $500,000 or more in annual sales, hospitals, schools, government agencies, and any worker engaged in interstate commerce. For those jobs, the 40-hour rule is the one that counts.
What counts toward your regular rate
Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.
Counts
- Your hourly pay for every hour worked, at each rate you worked
- Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
- Commissions
- Shift differentials for nights, weekends or hazardous work
Does not count
- Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
- Expense reimbursements
- Pay for time not worked: vacation, holidays, sick days
A worked example
Common mistakes employers make in Minnesota
- Citing the 48-hour state threshold when the employer is covered by the FLSA, which requires overtime after 40.
Minnesota overtime: common questions
Does my employer have to pay overtime if they didn't approve it?
Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in Minnesota as everywhere else under federal law.
Does my bonus change my overtime rate?
Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.
Does Minnesota's 48-hour rule apply to me?
Probably not. The 48-hour threshold only matters for jobs the federal FLSA does not cover. The FLSA reaches most employers — any business with $500,000 or more in annual sales, plus hospitals, schools and government agencies — and every worker engaged in interstate commerce. For those jobs, overtime starts after 40 hours.
What is a workweek, and can my employer change it?
A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.
If you think you were underpaid
- Keep your own record of the hours you worked: a timesheet from this page, photos of the posted schedule, messages about shifts.
- Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
- File a wage claim — with the Minnesota labor department, or with the US Department of Labor's Wage and Hour Division for federal overtime. It is free, and you do not need a lawyer.
- Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.
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Other states that also add their own exception to the 40-hour rule: Kentucky, New York and North Carolina.