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What's considered an exempt employee in Minnesota?

Most Minnesota workers are subject to the federal government's Fair Labor Standards Act (FLSA) as opposed to the state one. This is because most Minnesota businesses engage in interstate commerce. As such, they are required to pay their employees one and a half times their regular rate of pay provided that they work in excess of 40 hours during a single week.

Despite this, a small minority of Minnesota companies who service customers in this one state alone are instead subject to Minnesota Statute Section 177.23. Companies covered under this law are only responsible for paying overtime to workers who work more than 48 during a single week.

Additionally, under the state's Administrative Code Section 5200, anyone who works in either an administrative, executive or other professional position are also likely exempt from receiving overtime. In this case, provided they make at least $455, the weekly threshold set by the federal government, they too are ineligible for overtime.

Administrative employees are defined by both Minnesota and federal government officials as someone who performs some type of nonmanual labor or office work. In order to be considered an administrative task, the work carried out must be related to business operations or management at your workplace.

Those working in executive roles that are exempt from receiving overtime include anyone who is responsible for supervising two employees or more. That individual must be responsible for managing a division of a department or the entire operation as well.

In some instances, employees are inappropriately classified as an exempt employee in hopes of getting free labor out of them. If you're concerned that you're being taken advantage of for this reason, then a St. Paul, Minnesota, employee rights attorney can advise you of your rights.

Source: BLR, "Minnesota exempt employees: What you need to know," accessed Dec. 22, 2017

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