Holiday staffing changes can bring longer hours, last-minute shift requests and extra responsibilities that aren’t part of a typical workweek. The extra effort and inconvenience many Minnesota workers experience during the season often leads to questions about when overtime kicks in.

My Employer Told Me They Don’t Have to Pay Overtime Until I Work More Than 48 Hours. Is That True?

Minnesota’s state overtime law requires overtime pay at 1.5 times the regular rate only after 48 hours in a single workweek.

The federal Fair Labor Standards Act (FLSA) requires overtime after 40 hours in a workweek for nonexempt employees. If an employer is covered by federal law, the federal 40-hour threshold usually takes priority.

Many employers, especially large or multi-state companies, fall under federal coverage because their business activities involve interstate commerce. Small, local businesses may fall only under Minnesota’s 48-hour state rule.

Most Minnesota workers are covered by the federal 40-hour overtime rule because federal law applies to nearly all modern businesses. Minnesota’s 48-hour overtime rule applies only in very limited cases, usually involving very small, cash-based local businesses with no interstate activity (no out-of-state vendors, no credit card processing, etc.).

Holiday Shift Patterns That Raise Questions

Extended store hours, holiday rush periods and back-to-back shifts can create confusion about how pay should work. Longer schedules do not automatically mean overtime unless the total hours worked exceed the threshold that applies to your employer.

In other words, having to work a 10-hour shift doesn’t automatically entitle you to overtime for the extra two hours. The total hours worked over the course of a work week is what matters.

What If My Paid Time-Off Puts Me Over 40 Hours?

Paid holidays or personal time generally do not count toward the total hours used to calculate overtime. For example, if you worked three 10-hour shifts Monday through Wednesday during Thanksgiving week and had Thursday and Friday off as paid holidays, you wouldn’t be owed overtime. Even though your paycheck is equivalent to 46 hours, only the 30 hours you actually worked count toward the overtime calculation.

What Counts as Work During the Holiday Season

Holiday responsibilities sometimes expand beyond someone’s usual shift. Whether those tasks count as work generally depends on what the employer requires and benefits from.

Tasks That Usually Count as Paid Work

• Being asked to restock shelves or move merchandise before clock-in
• Staying after clock-out to complete a closing task a supervisor assigns
• Required team meetings or safety discussions before the shift
• Required on-site uniform changes
• Responding to required work texts or calls about assignments, schedules or issues that need immediate attention
• Participating in a company charity event if the worker is performing regular duties or the activity is tied to job expectations

Tasks That Usually Do Not Count as Work

• Arriving early to get coffee or socialize
• Staying after a shift to chat with co-workers
• Helping a co-worker with a personal task unrelated to the employer’s business
• Truly optional volunteer events organized by the employer when workers are not required to perform job duties or attend
• Activities the employer neither requires nor benefits from

There are some gray areas, like if a volunteer event or work task is described as “voluntary” but carries subtle pressure to participate. Whether that should count as work depends on the details and the consequences you may face for not participating.

Red Flags That Your Employer Might Be Violating Labor Laws

• You have extra required tasks before or after clocking in
• There are hours you worked missing from your paychecks compared to actual shifts
• You have been told holiday pay will replace overtime
• There are sudden changes to your schedule during busy periods
• You have been pressured to join “optional” volunteer events that feel tied to job expectations or performance

These issues don’t automatically mean state and federal overtime laws were violated, but they are situations where you might want to ask HR for clarification.

Do You Think Your Minneapolis–St. Paul Employer May Have Violated Overtime Requirements?

The Minnesota Lawyer Referral and Information Service can connect workers with an attorney who handles wage and hour matters. If you suspect you’re not being compensated properly, and your managers or HR department isn’t taking your concerns seriously, you may want to consult with an employment lawyer. Call our referral counselors at (612) 752-6699 or use our online self-referral service.