Many Minnesota workers are deprived of their employee rights for all the wages they have earned under the law because they are unaware of what the law specifically says or they are worried about facing negative consequences if they request what they are owed. Every worker who is eligible for certain payments as part of their wages should receive them. That includes unpaid overtime.
When determining whether there should be an overtime claim, it is imperative to understand exactly what the state law says about overtime. Once the worker realizes there has been a violation, calling a lawyer who is experienced in employment law is the next step. In Minnesota, the Fair Labor Standards Act requires employers to pay workers overtime wages if they have worked more than 48 hours in a seven-day workweek.
Based on federal law, some employers who meet certain criteria are required to pay overtime to workers who have worked more than 40 hours in a seven-day workweek. Included are businesses involved in interstate commerce; businesses that have gross sales of more than $500,000 annually; and hospitals, government entities, schools and nursing facilities.
When a person is eligible for overtime pay, it is required by law that it be a minimum of 1.5 times what they get per hour. Employers are not allowed to come to an agreement with employees not to pay overtime. It must be paid. The company’s size, sales and location; how the worker is paid; or other aspects like a worker being part-time, seasonal or a temporary employee are irrelevant.
Workers should be cognizant of how much they are supposed to receive in wages and benefits. A key part of that is knowing when they can get overtime and taking the necessary steps to receive it. If an employer is not paying workers what they should, it could be the basis for a legal filing. There is no reason to be intimidated or worried that there can be a negative impact at the job for complaining about unpaid overtime. A law firm that specializes in employee rights including getting overtime should be called for advice on how to file a claim.
