Minnesota bans tip credits, covers small employers federal law misses, and made wage theft a felony. Find out what your employer owes you.
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Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Most Minnesota workers get overtime after 40 hours under federal FLSA. But if your employer is too small for federal coverage, the Minnesota FLSA still requires overtime after 48 hours (Minn. Stat. Β§ 177.25) β no employer escapes both. Minnesota also bans tip credits entirely and criminalized wage theft.
| Provision | Minnesota Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Overtime Threshold | 48 hours/week (state MFLSA) | 40 hours/week | Federal for most workers; state catches small employers |
| Minimum Wage | $11.41/hr (2026, all employers) | $7.25/hr | Minnesota (higher) |
| Tip Credit | BANNED β tipped workers get full minimum wage | $2.13/hr allowed | Minnesota (no tip credit) |
| Statute of Limitations | 2 years (3 if willful) | 2 years (3 if willful) | Same standard |
| Misclassification Penalties | Up to $10,000 per misclassified worker per violation (2024 law) | No equivalent | Minnesota only |
| Wage Theft Criminalized | Yes β felony-level penalties for intentional wage theft | Civil remedies primarily | Minnesota only |
Minn. Stat. Β§ 177.25
Too small for federal FLSA coverage? Minnesota's own FLSA still requires 1.5x pay after 48 hours/week. Small shops, farms, and local businesses can't claim they're "too small for overtime."
Minn. Stat. Β§ 177.24
Minnesota employers must pay tipped workers the full minimum wage before tips. Any "tip credit" arrangement copied from other states is illegal here.
Servers paid $2.13 or $5/hr "plus tips" in Minnesota have automatic claims.
Minn. Stat. Β§ 181.722 / Β§ 181.723
Minnesota's 2024 law imposes penalties up to $10,000 per misclassified worker and uses a strict 14-factor test for construction. Misclassified 1099 workers recover all wages and benefits owed.
Minn. Stat. Β§ 609.52
Since 2019, intentional wage theft over $1,000 is a felony in Minnesota. Employers face both your civil claim and criminal prosecution.
29 C.F.R. Part 541
A title and salary don't eliminate overtime. You must earn at least $684/week AND perform true exempt duties β misclassified "managers" recover back overtime.
FLSA + Minn. Stat. Β§ 177.25
Pre-shift donning of gear at packing plants, post-shift security checks at warehouses, unpaid charting in healthcare β all compensable time.
Violations: Unpaid donning/doffing of protective gear, line-start time before clock-in, shaved hours at plants across greater Minnesota.
Violations: Automatic lunch deductions at Twin Cities hospitals and care facilities, off-the-clock charting, mandatory unpaid training.
Violations: 1099 misclassification β now hit with $10,000-per-worker penalties under the 2024 law β plus day rates without overtime.
Violations: Illegal tip credits (banned in MN), managers taking tips, unpaid prep and closing work in Minneapolis-St. Paul.
Violations: Misclassified drivers, unpaid loading/unloading and wait time, off-the-clock vehicle inspections.
Violations: Small-farm employers wrongly assuming no overtime applies β Minnesota's 48-hour rule still covers many ag workers.
1.5x your regular rate β after 40 hours (federal) or 48 hours (state MFLSA)
An additional equal amount β doubling your recovery
Any illegal tip credit means back pay to the full minimum wage
Compensatory damages for all wages/benefits lost, plus state penalties up to $10,000 per worker
The employer pays your legal fees separately β not from your recovery
Minnesota wage claims generally reach back 2 years β 3 years if the violation was willful. Every pay period that passes, your oldest claims expire.
β οΈ Don't wait β you lose older claims as time passes!
Minnesota layers state protections on top of federal law: full minimum wage for tipped workers, overtime coverage for small-employer workers, severe misclassification penalties, and criminal wage theft prosecution.
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Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.