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Instead of paying me overtime pay my employer will mark it on a day they give me off, does this violate MN Labor Laws?

Minneapolis, MN |

The way they are record hours will be having me work a 12 hour shift that will place my total hours over 40 for the week. In order to avoid paying me overtime they will give me a day off another week and record that day as me working. The are asking me to improperly fill out time cards to fit what they are "willing" to pay.

Attorney Answers 3


Under the federal labor laws an employer must pay overtime after 40 hours, however, under Minnesota labor laws an employer does not need to pay overtime until an employee works over 48 hours in a work week. Under Minnesota law, if you work over 48 hours in a work week then the employer must pay you for those hours at 1-1/2 times your regular rate. Also, unless the employer is the State of Minnesota or a political subdivision, the compensation should be monetary and not time off in lieu of monetary compensation.

There also may be an issue with you improperly filling out time cards. However, much more information would be needed to answer your questions fully.

Tim Coulter

This response if for informational purposes only and is not creating a attorney-client relationship. An attorney client relationship only occurs after a retainer has been signed.

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Federal and Minnesota Fair Labor Standards Acts have many exemptions, and it is possible you are not a covered employee. However, if you are covered, what you are describing probably constitutes multiple violations - failure to pay overtime and failure to comply with the record-keeping requirements. You should speak with an attorney who can evaluate whether you are a covered employee and help you determine your best course of action.

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The Fair Labor Standards Act (“FLSA”) and the Minnesota Fair Labor Standards Act (“MFLSA”) offer certain wage protections to covered employees who work for covered employers. The most common protections the FLSA and MFLSA provide are minimum wage and overtime pay protections. The FLSA requires covered employers to pay eligible employees a minimum wage and overtime pay for any hours worked in a workweek over 40 hours. The MFLSA also requires covered employers to pay eligible employees a minimum wage, but only requires overtime pay for hours worked over 48 hours in a workweek.

In order to be “covered,” an employer and an employee must meet certain requirements laid out in the applicable statutes. Generally, an employee is covered under the FLSA or MFLSA unless the employee is “exempt” from minimum wage or overtime pay. The FLSA and MFLSA have numerous exemptions (e.g., executive, administrative, etc.) that could disqualify you from being eligible for overtime payments. More information is needed in order to determine whether you are exempt from overtime pay, and whether your employer is covered by the FLSA or MFLSA.

Your employer’s practice of recording your working hours may violate the law. Minnesota law requires most employers to keep a record of “the hours worked each day and each workweek by the employee.” Minn. Stat. § 177.30(a)(3).

You should speak with a lawyer who can walk you through whether you are covered by the FLSA or MFLSA, and to discuss your legal options. Feel free to contact our law firm if you would like to discuss this further. We are located in Minneapolis, Minnesota and all of our attorneys are licensed in Minnesota.

Jessica N. Hofrichter, Esq.
Minnesota Employment Attorney

As with all of my answers, this posting is not intended as legal advice, does not create an attorney-client relationship, should not be relied upon due to the limited facts and space available, and is not a substitute for individual legal advice from your own attorney after a full consultation.

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