John A. Klassen, PA Minnesota Employment Law Attorney
612-217-4988 877-390-4527

Should a worker get overtime under the FLSA?

Simply put, people work to make money. The Fair Labor Standards Act or FLSA is a federal law that ensures that American workers are compensated for the tasks they perform at work. Workers can be compensated in different ways and may hold different work responsibilities that affect how they are classified under the law. Some workers are eligible to receive overtime, which is increased pay for hours worked beyond the individuals' standard work periods.

Minnesota residents may be eligible for overtime under the FLSA if they meet the requirements of a three-part test. First, they must be considered nonexempt. That qualification is generally met by having an annual income below the statutory threshold. Second, a worker must not be salaried. Being salaried generally means that they are guaranteed a minimum amount of money per pay period.

Third, a worker must not hold any management responsibilities if they are to collect overtime under the FLSA. Anyone who has management duties at work is generally not eligible to receive extra pay for the time they put in at work. Once a worker meets these three parts of the test, they may have a claim for overtime if their employer has denied it to them.

Determining if a worker can pursue overtime compensation from their employer can be a difficult task. An employee rights attorney can provide support to individuals who believe that their pay has been affected by the failure of their employers to provide them with overtime. State law, independent factors and many other considerations can impact whether overtime is approved under the FLSA and therefore readers of this post are asked not to use it as legal advice.

No Comments

Leave a comment
Comment Information

Defending the Civil Rights of Vulnerable People

When employers discriminate or allow harassment and retaliation to take place or continue, we are dedicated to holding them accountable for their unlawful actions.

John A. Klassen, PA
Attorneys at Law
310 4th Avenue South     
Suite 5010      
Minneapolis, MN 55415     
Phone: 612-217-4988
Toll Free: 877-390-4527
Fax: 612-204-4534
Map and Directions