The guide below is general information for employees, not legal advice. Every situation is different. If you believe your rights have been violated, talk to an employment attorney about the facts of your case.
You have the right to be paid for every hour you work, including overtime when you are non-exempt. Wage violations are common across industries: employees misclassified as salaried exempt, pressured to work off the clock, denied overtime, or paid less than minimum wage. Federal and state laws provide ways to recover unpaid wages — and in many cases, additional damages on top.
Misclassification
Not every salaried employee is exempt from overtime. Exempt status depends on specific duties and salary thresholds under the Fair Labor Standards Act (FLSA) and state law — not on job title alone. Employers sometimes classify workers as independent contractors or exempt employees to avoid paying overtime and payroll taxes. If your actual job duties do not meet legal tests for exemption, you may be owed overtime regardless of how you are paid.
Common misclassification issues arise for assistant managers, inside sales staff, IT workers, drivers, and employees labeled “contractors” who are treated like employees. The law looks at what you do, not what your offer letter says.
Off-the-clock work and overtime
Non-exempt employees must be paid for all hours worked, including time spent opening or closing, traveling between job sites during the workday, responding to messages outside scheduled hours when the employer requires it, and attending mandatory meetings or training. Overtime is generally owed at one-and-a-half times the regular rate for hours over 40 in a workweek under federal law. Minnesota also has its own wage and hour requirements that may provide greater protection.
Employers cannot avoid overtime by averaging hours across pay periods or by paying a flat salary without tracking hours for non-exempt workers.
Recovering unpaid wages
Under the FLSA, employees can recover back pay for up to two or three years of violations, depending on whether the violation was willful. Successful claimants may also recover liquidated damages equal to the unpaid wages — effectively doubling the recovery. Minnesota law allows employees to recover unpaid wages plus double damages in many cases, along with attorney’s fees and costs.
Claims may be pursued individually or, in some circumstances, as part of a collective or class action when the same policy affects many workers.
What to do if you are not being paid correctly
Keep pay stubs, time records, schedules, emails, and any documentation of hours worked. Note policies that required unpaid work. You can file a complaint with the U.S. Department of Labor Wage and Hour Division or the Minnesota Department of Labor and Industry, but deadlines apply and an attorney can help you evaluate whether a private lawsuit may recover more. Do not wait — wage claims are subject to statutes of limitations.