Minnesota · Overtime · Updated April 2026

Minnesota weekly overtime: 1.5× past 40 hours.

Federal FLSA controls overtime for almost all Minnesota employers: 1.5× regular rate for hours past 40 in a workweek. Minnesota's state law (Minn. Stat. § 177.25) sets a higher 48-hour weekly trigger — but it applies only when federal FLSA doesn't cover the worker, which is rare. The practical rule for almost every operator: 40-hour FLSA trigger plus 1.5× regular rate including commissions, nondiscretionary bonuses, and shift differentials. Misclassification or missed overtime triggers MN Wage Theft Act exposure with potential criminal penalties and AG enforcement.

Federal Trigger
40 hrs/week
State Trigger
48 hrs (rare)
Authority
Minn. Stat. § 177.25
Active

Weekly Overtime — FLSA Default

Enforces 1.5× past 40 hours per workweek under federal FLSA. Tracks 48-hour state trigger for the rare worker not covered by FLSA. Includes commissions, nondiscretionary bonuses, shift differentials in regular rate.

Block save without OT premium past 40
Wage Theft Act: criminal penalties for willful nonpayment
Always running

What those rules do as hours accumulate.

The hero card configuration: Block on missed OT, Critical on Wage Theft Act exposure.

Block · on hours past 40 without OT premium

When a workweek totals more than 40 hours and the OT premium has not been applied at 1.5× regular rate (including commissions, nondiscretionary bonuses, and shift differentials per FLSA Part 778), the timesheet save fails.

Critical · Wage Theft Act exposure

Willful nonpayment of overtime is wage theft under Minn. Stat. § 181.03 with potential criminal penalties (gross misdemeanor for $1,000-$5,000; felony above $5,000). The MN AG's Wage Theft Unit prosecutes egregious cases.

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The rule, plainly stated

FLSA at 40 hrs for almost everyone; state 48-hour trigger is the narrow exception.

The dual-trigger framework looks complex on paper but is operationally simple — federal FLSA controls 99%+ of Minnesota workers.

Minn. Stat. § 177.25 — Minnesota Overtime: An employer must pay an employee at least one and one-half times the regular rate of pay for all hours worked in excess of 48 hours in any workweek, except where federal Fair Labor Standards Act overtime rules apply, in which case the federal 40-hour standard governs.

Federal FLSA controls in practice

29 USC 207 sets the 40-hour federal overtime trigger that applies to almost all Minnesota employers — anyone engaged in interstate commerce, anyone with $500K+ annual revenue, healthcare facilities, schools, and most retail/service operations. The federal coverage is broad; in practice, MN employers operate under the 40-hour trigger almost universally.

State 48-hour trigger is narrow

Minn. Stat. § 177.25's 48-hour state trigger applies only when federal FLSA does NOT cover the worker. This is rare: small purely-local operations under $500K revenue and not engaged in interstate commerce, certain agricultural workers under federal exemptions, certain transportation workers under federal Motor Carrier exemption. The state 48-hour rule is a true exception, not a default.

On autopilot

Teambridge runs FLSA OT at 40 hours and surfaces Wage Theft Act exposure.

The 40-hour FLSA trigger is the operational rule for almost every employer — and the Wage Theft Act's criminal exposure makes precision essential.

01 · Workweek hour totaling

Hours summed across shift days.

Each fixed workweek's hours are summed across shift days. Hours past 40 trigger the OT premium under federal FLSA.

02 · Regular rate calculation

Commissions + bonuses + differentials in rate.

Regular rate is calculated to include commissions, nondiscretionary bonuses, and shift differentials per FLSA Part 778. Discretionary bonuses and gifts are excluded.

03 · Exempt classification check

$684/wk federal threshold + duties test.

Exempt workers are validated against $684/week federal threshold and the duties test under 29 CFR Part 541. Below threshold → non-exempt regardless of duties.

04 · Wage Theft Act exposure surface

Willful nonpayment escalates to criminal.

Willful or pattern-based OT nonpayment is flagged. Cumulative exposure shown for civil and potential criminal liability under Minn. Stat. § 181.03.

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FAQ

People also ask.

What is Minnesota's overtime rule?
1.5× regular rate for hours past 40 in a workweek under federal FLSA — which covers almost all Minnesota employers. Minn. Stat. § 177.25 sets a higher 48-hour state trigger, but it applies only when federal FLSA doesn't cover the worker (rare in practice).
When does the 48-hour state trigger apply?
Only when federal FLSA does not cover the worker. This is narrow: small purely-local operations under $500K annual revenue and not engaged in interstate commerce, certain agricultural workers under federal exemptions, certain transportation workers under the federal Motor Carrier exemption. For 99%+ of Minnesota workers, the 40-hour FLSA trigger is the operational rule.
What's included in the regular rate?
Hourly base, commissions, nondiscretionary bonuses, shift differentials, and most other compensation paid for hours worked under FLSA 29 CFR Part 778. Excluded: discretionary bonuses, gifts, payments for time not worked.
What's the exempt threshold in Minnesota?
$684/week ($35,568/year) — the federal FLSA threshold. Minnesota does not have a state-specific threshold above federal.
What's the Wage Theft Act exposure on missed OT?
Civil: full back wages, liquidated damages, attorney fees. Criminal: gross misdemeanor for theft of $1,000-$5,000; felony for theft above $5,000 under Minn. Stat. § 181.03. The MN AG's Wage Theft Unit prosecutes egregious cases.