Overtime

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Education for Justice
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There are federal and state overtime laws. They are the Federal Fair Labor Standards Act (FLSA) and the Minnesota FLSA. The federal law is stricter than the state law and applies to most employees, so it controls decisions. The federal law gives you the best benefits. It requires overtime after fewer hours worked. For more information on which employees are covered by the federal law, see the federal Department of Labor’s Fact Sheet #14 at www.dol.gov/whd.   

If you are eligible to get overtime pay by law, it is illegal for an employer to try to work out a deal with you to not pay. It doesn’t matter if you work full-time or part-time. An employer has to pay overtime to an employee, unless the employer can show that the employee is “exempt” from the law. Most employees do not fall under any exemption and are referred to as “non-exempt” employees. Non-exempt employees should be paid on an hourly basis and for all overtime. For more information on who is “exempt” vs. “non-exempt,” see our fact sheet Job Status and Your Rights.

It is always a good idea to keep track of your hours on your own. Write down when you start and stop work each day. Keep this record in a safe place.