Unpaid Overtime

Employees must be paid time and a half for all hours over 40 that they work in a week. The federal Fair Labor Standards Act (“FLSA”) requires this, and it applies to most employees across the United States. The Minnesota Fair Labor Standards Act requires that employers pay Minnesota employees time and half for all hours worked in a week over 48. In Minnesota, most employees are still protected by federal law. So, if your employer is not paying you overtime for working more than 40 hours in a week, you can likely recover your unpaid overtime from your employer.

You may also be owed overtime for work that you do “off the clock.” If your employer makes you work off the clock, and you work more than 40 hours per week with on the clock both “on” and “off,” then you are owed overtime.

Examples of off the clock work time includes:

  • Being required to be at work before your shift but not allowed to clock in or punch in.
  • Being required to stay after you clock out, to finish work or as punishment.
  • Being required to work off the clock to avoid hitting overtime requirements.
  • Putting on a uniform or work clothes before punching in (also known as “donning”).
  • Taking off work equipment or uniform while off the clock (also known as “doffing”).

The FLSA is straightforward. If you work more than 40 hours a week and qualify for FLSA protection, then you must be paid overtime. To determine if you should be paid overtime, add the time that you work in a week, not just the hours you were paid for. If you work more than 40 hours and qualify for FLSA protection, you must be paid overtime, even if your employer does not pay you or required you to work off the clock.

If you have a claim for unpaid overtime, you may be entitled to recover all of your unpaid wages, substantial statutory penalties, attorney’s fees, costs, and interest.  Contact Teske, Katz, Kitzer & Rochel to learn more.

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