Overtime Violation Attorneys in Minneapolis

Individual Claims, Class Actions & Collective Actions for Minneapolis Workers

When employers in Minneapolis, MN fail to pay overtime, workers have more than one path to recovery. At Nichols Kaster PLLP, we handle overtime violation claims through individual suits, class actions, and collective actions under both the federal Fair Labor Standards Act (FLSA) and the Minnesota Fair Labor Standards Act. With over 50 years of wage-and-hour litigation experience in Minnesota and across the country, we’ve built a reputation for holding employers accountable when they shortchange workers.

We represent full-time and part-time employees, independent contractors, tipped workers, laborers, commission-based employees, executives, and others. Spanish-language services are available.

Common Overtime Violations in Minneapolis

Overtime violations take many forms. Our Minnesota wage-and-hour attorneys handle the full range of employer practices that result in unpaid overtime, including:

• Off-the-clock work: Requiring employees to work before or after a shift, during unpaid meal breaks, or through donning and doffing (putting on and taking off required uniforms or safety gear) without compensation.
• Misclassification as an independent contractor: Treating a worker as an independent contractor strips them of overtime protections. Under Minnesota’s July 1, 2024 law, the right to control the means and manner of performance is the primary factor in determining whether a worker is actually an employee.
• Misclassification as exempt: Labeling workers as exempt under administrative, executive, professional, or outside sales categories when they don’t meet the legal requirements is one of the most common overtime violations we see.
• Straight-time-only payment: Paying regular hourly wages for overtime hours instead of the required time-and-a-half rate, even when an employer acknowledges those hours were worked.
• Flat daily or shift rate pay: Paying a flat rate per day or shift without accounting for overtime hours.
• Incorrect overtime rate calculation: Excluding bonuses or shift differentials from the regular-rate calculation can result in underpayment even when overtime is technically paid.

Federal & Minnesota Overtime Law: What Minneapolis Workers Need to Know

Minneapolis workers are protected by two overlapping legal frameworks. The FLSA requires time-and-a-half for all hours worked beyond 40 in a workweek. The Minnesota Fair Labor Standards Act sets the overtime threshold higher, at 48 hours per workweek. Because federal law is more protective, employees who work between 41 and 47 hours in a week generally may have a claim under the FLSA even if no state law violation exists.

Workers who prevail on overtime claims may recover unpaid wages, an equal amount in liquidated damages (a penalty the employer pays directly to the worker), and attorney’s fees under the FLSA. The FLSA statute of limitations is two years for non-willful violations and three years for willful violations; Minnesota state law generally provides a two-year limitations period, extendable to three years for willful violations. Every week of delay can reduce the wages you’re able to recover, because the lookback period runs backward from the date the claim is filed.

Why Minneapolis Workers Bring Their Overtime Claims to Nichols Kaster PLLP

We’re recognized as a powerhouse for prosecuting wage-and-hour violations in court and in arbitration, both locally and nationally. U.S. News and World Report has awarded us First Tier rankings, reflecting decades of litigation on behalf of workers.

A single worker’s overtime claim can sometimes become the foundation for a collective action under the FLSA, where similarly underpaid co-workers opt in to a single case against the same employer policy. We identify others in the same situation, gather employment records and pay data, and pursue the most effective path available. This matters most when an employer has applied the same illegal practice across an entire workforce.

Our Minneapolis overtime violation attorneys review every case at no cost to determine whether an employer violated federal, state, or local wage-and-hour law. There’s no obligation to retain us after that review.

Start Your Overtime Violation Case Evaluation Today

Statutes of limitations are real deadlines. The longer you wait, the more of your recoverable wages may fall outside the lookback window. If you believe you’ve been denied overtime pay you’re owed, don’t wait to find out where you stand.