Collecting Unpaid Overtime Wages in Minnesota
Overtime wages are worth one and a half of your regular salary. Under the federal law, overtime is all hours over 40 that you worked in a week. The Minnesota Fair Labor Standards Act, on the other hand, says that overtime is all hours over 48. Despite their differing definitions, both overtime laws protect you.
Some unpaid overtime wages are easy to identify, says the Minneapolis-based law firm Madia Law LLC. For example, your employer could just be paying regular time, even for overtime hours. Some instances, though, you might not realize you’re entitled to overtime pay.
Off-the-Clock Work Requires Overtime Pay
While clocking in and out of work determines your total hours, your employer may be requiring you to do off-the-clock tasks. This involves being at work 10 minutes before your shift starts, having to put on a uniform before you can punch in, or taking off your uniform before you can clock out.
Continuously working even after your shift if you didn’t meet your daily performance goals also counts as off-the-clock work. This is also the case when you have to come in early or during the weekends to meet goals.
The Law Requires Employers to Record Work History
Even if you don’t have a record of the total hours you worked in a week, the law requires your employer to do so. In the event that your employer’s records are not accurate, then you may estimate the time you had to work off the clock and submit it as a testimony to the jury.
Back Wages Include Liquidated Damages
Once you prove your overtime claims, you are entitled to receive the actual amount of overtime pay that your employer didn’t compensate you for, plus an equal amount that serves as liquidated damages. Your employer will also have to pay your attorney fees and other costs of litigation.
Spotting unpaid overtime wages is possible, but identifying off-the-clock work can be trickier. Consulting a lawyer is ideal when you’re not sure whether or not you’re entitled to a claim.