Minnesota Overtime Attorneys

Most people have heard of overtime laws – if you work more than 40 hours in one work week, you are entitled to pay of one-and-a-half times your regular rate for all hours exceeding 40.   The law includes exemptions for several professionals or highly paid people.   The Fair Labor Standards Act provides overtime protection to many people who are in white collar or professional jobs too, however.  There are many situations where employees may be entitled to seek overtime pay:

  • Employee is incorrectly categorized as exempt from overtime pay.  One example from the legal field is paralegals or legal assistants.  Law firms argued that paralegals have the type of specialized training and duties that make them exempt from overtime pay.  The Department of Labor has issued opinions that paralegals and legal assistants are not exempt from overtime pay, however.  Incorrect classification is a common occurrence in other industries as well, such as mortgage and banking.
  • Employee is salaried.  Just because you are paid a salary rather than on an hourly basis, that does not mean you are exempt from overtime.  It depends on the details of your work based on specific guidelines set by statute.
  • Employee is misclassified as an independent contractor.  A true independent contractor is probably not entitled to overtime pay.  Sometimes employers will call employees independent contractors to avoid overtime and other expenses, but the relationship is really one of employer/employee.
  • Employee is reclassified as non-exempt.  If your employer changes your classification from exempt to non-exempt, you may be entitled to recover up to two years of overtime pay if you were misclassified as exempt.
  • Employee falls below the minimum salary.  If you earn less than $455 per week, you are automatically entitled to overtime protection.
  • Employee is required to work off the clock.  Often employees have to set up before beginning work or clean up after work.  You are generally entitled to credit for that time as working time.  For example, a bank teller may be required to work an extra twenty minutes every day to balance the drawer.  This is working time and you should receive credit for it even if you have “technically” clocked out.

An experienced overtime lawyer can help you evaluate whether you have a claim for overtime wages.  Keep in mind that there are strict time limits for filing a claim for overtime wages.  Consider hiring the attorneys at Twin Cities Law Firm to investigate whether you have a claim.

Published on February 25th, 2009 | Filed under this Minnesota lawyer topic: What are My Rights?






Disclaimer: Please read the Terms of Use. This website is advertising, not legal advice. As a lawyer in Minnesota, Aaron Hall and lawyers in his firm are licensed to provide legal services throughout Minnesota, including those in Hennepin County, Ramsey County, Anoka County, Carver County, Dakota County, Scott County, Washington County, Isanti County, and Wright County. Thes' service area includes these Minnesota cities: Albert Lea, Albertville, Andover, Anoka, Apple Valley, Arden Hills, Belle Plaine, Big Lake, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Burnsville, Carver, Castle Rock, Champlin, Chanhassen, Chaska, Circle Pines, Cloquet, Columbia Heights, Concoran, Coon Rapids, Cottage Grove, Crystal, Dayton, Delano, Duluth, Eagan, East Bethel, Eden Prairie, Edina, Elk River, Elko New Market, Excelsior, Falcon Heights, Faribault, Farmington, Forest Lake, Fridley, Glencoe, Golden Valley, Ham Lake, Hamel, Hanover, Hastings, Hibbings, Hopkins, Hugo, Inver Grove Heights, Isanti, Jordan, Lake Elmo, Lakeville, Lilydale, Linden Hills, Lino Lakes, Little Canada, Long Lake, Loretto, Mahtomedi, Mankato, Maple Grove, Maple Plain, Maplewood, Medina, Mendota Heights, Minneapolis, Minnetonka, Minnetrista, Monticello, Moorhead, Mound, Mounds View, Moundsviews, New Brighton, New Hope, New Port, New Prague, New Ulm, Newport, North Branch, North St. Paul, Northfield, Oak Grove, Oak Park Heights, Oakdale, Orono, Osseo, Otsego, Owatonna, Plymouth, Prior Lake, Ramsey, Red Wing, Richfields, Robbinsdale, Rochester, Rockford, Rogers, Rosemount, Roseville, Savage, Shakopee, Shoreview, Shorewood, South St. Pauls, Spring Lake Parks, Spring Park, St. Anthony, St. Bonifacius, St. Cloud, St. Francis, St. Louis Park, St. Michael, St. Paul, St. Paul Parks, St. Peter, Stillwater, Twin Citiess, Vadnais Heights, Victoria, Waconia, Watertown, Wayzata, West St. Paul, White Bear Lake, Willmar, Winona, Woodbury, and Wyoming, Minnesota.