Minnesota Overtime Law: Daily Overtime, the 40-Hour Rule, and Exemptions

Minnesota has no daily overtime law. Unlike a handful of states, Minnesota does not require time-and-a-half just because you work more than eight or twelve hours in a single day. Overtime in Minnesota is based on your total hours in a workweek. The wrinkle is that Minnesota and federal law set different weekly thresholds: under the state Minnesota Fair Labor Standards Act (Minn. Stat. § 177.25), overtime is owed after 48 hours in a workweek, while the federal Fair Labor Standards Act (FLSA) requires overtime after 40 hours. Because most Minnesota employers are covered by the FLSA, the practical rule for the majority of workers is overtime after 40 hours per week. The lower (more protective) threshold controls, so when both laws apply, the 40-hour federal rule wins.

The Overtime Rate in Minnesota

The overtime rate is 1.5 times your regular rate of pay ("time and a half") for each overtime hour. This matches the federal FLSA rate. Your "regular rate" is not just your base hourly wage — it generally includes non-discretionary bonuses, shift differentials, and commissions, which can raise the rate used to calculate overtime. There is no legal requirement in Minnesota for "double time"; that is a contractual benefit some employers or unions choose to offer, not a state mandate.

Overtime is calculated per workweek — a fixed, recurring period of seven consecutive 24-hour days. Employers cannot average hours across two weeks. Working 30 hours one week and 50 the next still produces 10 overtime hours in the second week, even though the two-week total is 80.

The 48-Hour State Rule vs. the 40-Hour Federal Rule

Here is where Minnesota is unusual. The state's own overtime threshold is 48 hours, which is higher (less generous) than the federal 40-hour standard. So who actually falls under the state's 48-hour rule? Generally, only workers at small employers that are not covered by the federal FLSA — typically very small, purely local businesses without interstate commerce activity and below the FLSA's enterprise revenue threshold. Those rare workers may only be entitled to overtime after 48 hours under state law.

For everyone else — the vast majority of Minnesota employees, because the FLSA reaches most workplaces through interstate commerce or the enterprise-coverage test — overtime kicks in at 40 hours per week. When you are covered by both laws, you get the benefit of the lower threshold. Do not assume the 48-hour number applies to you; for most Minnesota workers, it does not.

Who Is Exempt From Overtime in Minnesota

Not every worker qualifies for overtime. Minnesota recognizes exemptions that closely track the federal categories, found in Minn. Stat. § 177.23 and related rules. The most common are the "white collar" exemptions:

• Executive employees — those who manage the business or a department and direct the work of others.
• Administrative employees — those performing office or non-manual work tied to management or business operations who exercise independent judgment.
• Professional employees — those in fields requiring advanced knowledge (law, medicine, accounting, engineering, etc.).
• Outside salespeople who regularly work away from the employer's place of business.

To be exempt under the federal white-collar rules, an employee generally must be paid on a salary basis above the FLSA salary threshold and perform exempt duties. A job title alone never makes someone exempt — the actual duties and pay structure control. Misclassification (calling an hourly worker "salaried" or labeling someone a "manager" who mostly does line work) is one of the most common ways overtime is illegally withheld.

Minnesota law also carves out other categories from overtime, such as certain agricultural workers, some seasonal recreation employees, certain taxicab drivers, and a few others listed in the statute. These exemptions are narrow and fact-specific, so verify your situation against the actual statute rather than assuming.

Minimum Wage Context

Overtime sits on top of Minnesota's minimum wage, which is higher than the federal floor. The federal FLSA minimum wage is $7.25 per hour and has not changed since 2009. Minnesota's minimum wage is meaningfully higher and is adjusted for inflation each January 1. As of 2025, Minnesota moved to a single large/small-employer rate of about $11.13 per hour (with separate lower youth and 90-day training wages, and a special rule historically applied to Minneapolis and St. Paul, which set their own higher local minimums). Because this figure is indexed annually, confirm the exact current 2026 rate with the Minnesota Department of Labor and Industry before relying on it. Some cities, including Minneapolis and St. Paul, set their own minimum wages above the state level.

How to Recover Unpaid Overtime in Minnesota

If you believe you are owed overtime, you have more than one path:

• File a wage claim with the Minnesota Department of Labor and Industry (DLI), Labor Standards division. DLI investigates unpaid wage and overtime complaints and can order an employer to pay back wages.
• Bring a civil lawsuit. Under Minn. Stat. § 177.27, an employee can sue to recover unpaid overtime, plus an additional equal amount as liquidated damages, along with costs and attorney's fees. You may also pursue a federal FLSA claim, which similarly allows back pay plus liquidated damages.
• Keep your own records. Save pay stubs, schedules, time records, and any texts or emails about hours. If the employer failed to keep accurate records, your reasonable estimate of hours can carry significant weight.

Act promptly, because overtime claims have deadlines (statutes of limitation). Federal FLSA claims generally must be brought within two years, extended to three years for willful violations. Minnesota's wage statutes also impose time limits. Because the exact limitations period depends on which law and which type of claim you bring, do not wait — confirm the current deadline with DLI or an employment attorney as soon as you suspect a problem.

Retaliation is illegal. Minnesota and federal law prohibit your employer from firing, demoting, cutting hours, or otherwise punishing you for asserting your right to overtime or filing a complaint. If retaliation happens, that can be a separate claim with its own remedies.

Where to Verify

The authoritative state source is the Minnesota Department of Labor and Industry (DLI), which administers the Minnesota Fair Labor Standards Act and publishes current minimum wage and overtime guidance. For the federal baseline, the U.S. Department of Labor's Wage and Hour Division administers the FLSA. When state and federal rules differ — as they do on the overtime threshold — the rule more favorable to the worker applies. For your specific situation, especially classification disputes and deadlines, consult DLI or a licensed Minnesota employment attorney.

Official Minnesota Sources

This page is based on Minnesota employment law. Rules and figures change — verify the current details directly with the official Minnesota sources below. This is general legal information, not legal advice.

• Minnesota Department of Labor and Industry - Labor Standards — official Minnesota agency.
• File a Wage Claim - Minnesota Department of Labor and Industry
• Minnesota Statutes Chapter 177 - Minnesota Fair Labor Standards Act (Minimum Wages)

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Minnesota state law.