Minnesota Overtime Report
Description
How to fill out Overtime Report?
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FAQ
The employer should report the number of hours worked in any quarter in which no wages were paid, along with $0 wages. Then, when wages or salaries are finally paid, only the hours worked in that specific quarter should be reported. If the actual number of hours worked is available, it should be reported.
You may be eligible for Unemployment Insurance (UI) benefits if you are temporarily or intermittently laid off or your hours are reduced below 32 hours per week. Apply for UI benefits during the first week you are laid off or your hours are reduced below 32 hours per week. You cannot backdate the application.
Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. External salespeople (who often set their own hours) are also exempted from MN overtime requirements, as are some types of computer-related workers.
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
Can my employer require me to work overtime and fire me if I refuse to work overtime? The employer has the authority to establish the work schedule and determine the hours to be worked. There are no limits on the overtime hours the employer can schedule.
You are not eligible for benefits in any week you work 32 or more hours, or when your gross earnings for the week are equal to or greater than your weekly benefit amount. A partial benefit payment will be made for any week you work less than 32 hours and your earnings are less than your weekly benefit amount.
Report violations to the Minnesota Department of Human Rights at or 651-296-5663.
How many hours do I have to work to be considered a full-time employee? Minnesota law does not define employees as full or part time, rather Minnesota Rules 5200.0170 defines a workweek. A workweek is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.
You may work part-time in Minnesota and receive benefits as long as you don't work more than 32 hours per week and your wages don't exceed your WBA. You won't be considered unemployed if those situations occur.
The Minnesota Fair Labor Standards Act requires employers to pay overtime for all hours worked in excess of 48 per workweek, unless the employee is specifically exempt under Minnesota Statutes 177.23, subdivision 7. Overtime pay must be at least one-and-one-half times the employee's regular rate of pay.
