This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case.
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Employment · Minnesota

Can I sue for unpaid overtime in Minnesota?

the short answer

Minnesota's own overtime rule starts at 48 hours in a seven-day week, not 40. That is worse than the federal rule, not better, and it matters only if your employer is one of the few not covered by the federal law — most are covered, and then the federal 40 hours is what you count to.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.
plain englishPast 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.source ↗Not yet checked against the statute.
penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.
limit2 yearssource ↗Not yet checked against the statute.
alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Minnesota?

free route

The Labor Standards Division of the Department of Labor and Industry helps you file a wage claim and works to recover the wages, and it says an investigator will contact you within two business days. The wage claim fact sheet is published in English, Spanish, Hmong and Somali.

source ↗Not yet checked against the statute.

Which court hears a case like this in Minnesota?

which court

Conciliation court

source ↗Not yet checked against the statute.

How much can you sue for in Minnesota small claims court?

small claims limit

$20,000

source ↗Not yet checked against the statute.

exceptions: $4,000 where the claim arises from a consumer credit transaction.

source ↗Not yet checked against the statute.

What else should you know in Minnesota?

also

If you were fired, Minnesota gives your final wages a much shorter clock than your overtime: in most cases they are due within 24 hours of your demand for them, and in some circumstances within 24 hours without any demand at all.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Minnesota. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy

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