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Patrick, Esq.
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I am a Minnesota employer. Minnesota statutes say overtime

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I am a Minnesota employer. Minnesota statutes say overtime is paid after 48 hours in a week. Federal law says overtime is paid after 40 hours. Which law do I follow?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. While MN law only requires overtime for hours worked in excess of 48 per week, federal law and applies in all 50 states requires overtime for hours worked in excess of 40, as you appear to already know. The FLSA applies to employers in all 50 states who "produce or handle goods for interstate commerce," and also to employers in all 50 states "with gross annual sales of more than $500,000." This covers the vast, vast majority of employers, as even if a business doesn't meet the minimum revenue test, virtually all employers "handle" goods for interstate commerce. All it would take is for an employer to order supplies or have ANY contact with a service provider outside the state to have the FLSA apply. The safe bet, and the proper decision for most employers, is to follow the federal law and pay overtime for hours worked in excess of 40 per week. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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