Minnesota Overtime Pay Calculations Attorney

Overtime Pay Calculations

The federal Fair Labor Standards Act (FLSA) requires employers to pay overtime compensation at a one-and-a-half-times its rate of normal pay for those hours worked in excess of 40 in a week. Some states have their own laws that impact overtime pay.

An employer may designate any day of the week as the beginning of a work week for pay period purposes, and may also select any hour in the day as a starting point. Nevertheless, a work week is seven consecutive, recurring 24-hour periods. This requirement means an employer cannot engage in averaging an employee’s time on the job over an arbitrary period.

The employer must keep detailed records of employee time that earns compensation. If an employer fails to keep detailed records of time spent at work, and the employee claims overtime is due, the employee may file for unpaid overtime compensation in a court of law.

There are employees who are paid based on output produced known as piecework. An employee’s regular rate of pay is determined by dividing weekly earnings by total hours worked. Most piecework employees are entitled to overtime premium pay for hours worked in excess of 40 weekly.

Even salaried workers may be eligible for overtime pay premiums. There are categories of exempt employees who are not covered by the FSLA overtime wage law. Employees who are scheduled to work on holidays and weekends are not automatically qualified under the FSLA law. Employees should be aware of the FSLA law in detail to determine their exact status for eligibility for overtime pay.

An employer is not allowed to reach an agreement with employees to waive the overtime pay law, and employees may qualify to file a lawsuit to receive compensation if their employee illegally made agreements to waive this pay provision.

Out attorneys at Tarshish Cody PLC will discuss your legal rights and determine if you may be eligible to receive compensation for unpaid overtime pay. Our attorneys do not bill unless we win your case, and we will schedule a free initial consultation to discuss your case. Call 952-361-5556 (or fill out the free case evaluation form below).

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