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Could someone explain to me the legality of the MN labor law that says small businesses don't have to pay overtime until 48hrs.
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If BOTH of the following are true:
1.) The employer's gross annual income does not exceed $500,000
2.) The employer engages in NO interstate commerce whatsoever
then an employer would not be subject to Federal overtime laws and would instead only be subject to state overtime laws, which, in MN, means at 48 hours.
A state may implement any laws they want, but they cannot make Federal laws go away. There is no law that prohibits the state of Minnesota from implementing a law that makes overtime applicable at 48 hours. That does not exempt an employer who is subject to the FLSA from complying with it.The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply. -
Here's a quick "quiz" to see if you're subject to the FLSA.
http://www.dol.gov/elaws/esa/flsa/scope/screen9.aspI don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.Comment
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