A Minnesota unpaid overtime lawsuit may be an option for hourly and salaried employees, as well as certain contractors, who work over 40 hours per week and are denied overtime wages. If an employee feels that they are not receiving the overtime pay they are due, a Minnesota unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
For more information, contact Attorney Group for Minnesota today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Minnesota unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Under the Fair Labor Standards Act (FLSA), eligible employees must receive compensation for working overtime, or hours worked beyond the normal workweek. Federal law states that all employees who are eligible for overtime must receive compensation at one and one-half the regular rate of pay for time worked beyond 40 hours in a workweek. In addition to federal guidelines, Minnesota state law requires that all employers, regardless of gross annual revenue, pay overtime for all hours worked in excess of 48 hours in a seven-day period. If an employee feels that they are not receiving the overtime pay they are due, a Minnesota unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
Who is Eligible for Overtime Pay?
All “nonexempt” employees are eligible to receive the overtime benefits provided in the FLSA. Most hourly employees who are considered to be “blue collar” workers as well as salaried employees who make less than $455 per week ($23,600 per year) qualify for overtime.
According to the Minnesota Department of Labor and Industry, some employees are exempt from the overtime rules, including:
- Executive, administrative, or professional employees who meet the salary and duty requirements
- Outside salespeople
- A salesperson, partsperson, or mechanic for an automobile dealership and is paid on a commission or incentive basis
- An agricultural worker paid a salary of at least $588 a week for large employers grossing $500,000 a year or more, or $477.75 a week for small employers grossing less than $500,000 a year
A change in the overtime rules was initiated in May 2016 and will begin to take effect later in the year. Beginning on December 1, 2016, the salary threshold for eligible employees will increase to $913 per week ($47,476 per year) and extend overtime protections to more than 4 million workers and employees across the U.S., including 69,000 in Minnesota.
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
Independent contractors work for themselves and are not covered by the FLSA. However, an employer does not have the right to call an employee an independent contractor to avoid paying overtime and other protections guaranteed under the FLSA. Unlawful mislabeling of employees is a serious problem, and if an employee feels that they have been mislabeled, they may be able to file an unpaid overtime lawsuit and seek compensation for lost wages.
Commonly mislabeled employees include:
- Truck drivers
- Tow truck drivers
- Exotic dancers
- Construction workers
- Port workers
- Package delivery workers and couriers
Unpaid Overtime Lawsuits
Investigators with the U.S. Department of Labor’s (DOL) Wage and Hour Division found that a Minnesota sheet metal fabricator was “banking” employees’ overtime hours and paying them out in future, shorter workweeks at regular pay. As a result of the investigation, the employer was ordered to pay a total of $171,234 in back wages and liquidated damages to 43 employees.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Workers who have been unlawfully denied overtime pay may be eligible to file a Minnesota unpaid overtime lawsuit with the help of an unpaid wages attorney as well as being able to file a claim through the DOL. In those cases, the employee can seek compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How a Minnesota Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to File a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group for Minnesota. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.
