Minnesota Overtime Calculator — 40 vs 48-hour threshold

Preguntas frecuentes

• Does Minnesota require overtime after 40 or 48 hours per week?

  It depends on which law covers you. Federal FLSA (which covers most private-sector employees) requires overtime after 40 hours per week. Minnesota's own state fair labor standards law requires overtime after 48 hours — but since FLSA is more protective, it takes precedence for the majority of workers. If only Minnesota state law covers you (rare intrastate employers), the 48-hour threshold applies.

• What is the overtime rate in Minnesota?

  Both federal and Minnesota state law require overtime pay at 1.5 times (time and a half) the employee's regular rate of pay. There is no double-time requirement under either law in Minnesota — unlike states such as California, which requires 2× pay after 12 hours in a day.

• Does Minnesota have daily overtime rules?

  No. Neither the FLSA nor Minnesota state law requires daily overtime (e.g., after 8 hours in a day). Overtime in Minnesota is calculated solely on a weekly basis — the total hours worked in a 7-day workweek. This is a significant difference from California's daily overtime rules.

• How is my 'regular rate' calculated for overtime purposes?

  Your regular rate equals your total compensation for the week (including non-discretionary bonuses, shift differentials, and commissions) divided by the total hours worked that week. Overtime is then 1.5× that rate for all hours over the applicable threshold. For hourly employees with no bonus, the regular rate is simply their hourly wage.

• Can my employer average my hours across multiple weeks to avoid overtime?

  No. Overtime is calculated week by week within a fixed 7-day workweek defined by the employer. An employer cannot average hours across two or more weeks to reduce or eliminate overtime pay. If you work 60 hours in week 1 and 20 hours in week 2, you are owed overtime for week 1 regardless of the low hours in week 2.

• Do vacation, holiday, or sick-leave hours count toward overtime?

  No. Overtime is based on actual hours worked. Paid-leave hours (vacation, PTO, sick leave, holiday pay) do not count toward the 40- or 48-hour threshold. Only time you actually performed work counts.

• Who is exempt from Minnesota overtime requirements?

  Common exemptions include bona fide executive, administrative, and professional employees who meet both a salary basis test and a duties test. Agricultural workers, certain seasonal employees, outside salespeople, and some transportation workers may also be exempt. The specific exemptions are defined in MN Stat. §177.23, subd. 7 and the federal FLSA regulations. If you believe you are misclassified as exempt, contact the Minnesota DLI.

• What can I do if my employer refuses to pay overtime?

  You can file a wage claim with the Minnesota Department of Labor and Industry (DLI) at dli.mn.gov or call 651-284-5075. You can also file a complaint with the U.S. Department of Labor's Wage and Hour Division at dol.gov/agencies/whd. Private lawsuits are also available; successful employees can recover back pay, liquidated damages, and attorney fees. The statute of limitations for wage claims in Minnesota is generally two years.

• Does the 2026 Minnesota minimum wage increase affect overtime calculations?

  Indirectly. The statewide minimum wage is $11.41/hr as of January 1, 2026. Your overtime rate must be at least 1.5× the applicable minimum wage ($17.12/hr for statewide workers). If your regular hourly rate is above minimum wage, your overtime rate is simply 1.5× your regular rate. In Minneapolis, where the minimum is $16.37/hr, overtime must be at least $24.56/hr.