Unpaid overtime, off-the-clock work, and misclassifying salaried employees to dodge overtime pay are all forms of wage theft. Minnesota workers deal with all three more often than most employers will ever admit.
If your paycheck does not reflect the hours you actually worked, or your employer decided you are “exempt” from overtime without your job actually meeting that legal test, you need someone who has spent years building cases exactly like yours. J. Ashwin Madia served as a Judge Advocate in the U.S. Marine Corps, trying more than 100 cases before founding this firm on the same idea: prepare every case for a jury from day one. That approach is why one worker’s complaint became a case for two dozen. In one case, a Regency Beauty Institute employee came to us over her unpaid overtime. We turned an individual claim into a certified collective action covering 24 of her coworkers, and all of them recovered the wages they were owed.
Call 612-349-2729 or fill out the form for a confidential case review. Our Minneapolis employment lawyers will walk through what happened, tell you honestly whether you have a claim, and explain what it could be worth. You can also visit us at IDS Center, 3075, 80 S 8th Street, Minneapolis, MN 55402.
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Featured Case Result
24 Coworkers. One Case. Every One of Them Got Paid.
Michelle and 24 of her coworkers worked as Admissions Representatives at Regency Beauty Institute, spending their days on the phone recruiting prospective students. Regency paid them all on salary specifically so it would not have to pay them overtime, even though they regularly worked 45 to 55 hours a week.
In March 2013, we filed a collective action against Regency Beauty Institute under the Fair Labor Standards Act. That July, the court certified the class, which meant all 24 of Michelle’s coworkers could join the case instead of each having to sue on their own. After more than a year of discovery, the case settled for an average recovery of approximately $8,500 per plaintiff.
Attorney advertising. Prior results do not guarantee a similar outcome. Every case is unique, and the value of any claim depends on its specific facts.
When Is Overtime Pay Required Under Minnesota Law and Federal Law?
You are entitled to overtime pay if you worked more than 40 hours in a week and your employer did not pay you time and a half for the extra hours. The Fair Labor Standards Act (FLSA) sets the 40-hour threshold under federal law. The Minnesota Fair Labor Standards Act (MFLSA) sets its own threshold at 48 hours a week, but you are protected by whichever law gives you the stronger claim, so if your employer denied you overtime for hours over 40 in a week, you likely have a claim under federal law, regardless of the state threshold.
Overtime violations often show up as off-the-clock work that pushes your real hours above 40 for the week, including:
- Arriving early but not clocking in until your shift officially starts
- Putting on required equipment or a uniform before punching in (“donning”) or taking it off after punching out (“doffing”)
- Working through your shift’s end or on weekends to hit the performance goals your employer set
- Responding to work calls, texts, or emails after you have clocked out
If your added-up hours, on the clock and off, come out above 40 for the week and you were not paid time and a half for the excess, we want to hear from you.
Ready To Talk? Contact Madia Law Today
Class Action vs. Collective Action: What Is the Difference?
A collective action lets FLSA overtime claims move forward together because workers choose to join in; a class action lets Minnesota wage claims move forward together automatically unless a worker opts out. Both let a group of coworkers who were shorted the same way recover together instead of each filing alone.
Under the FLSA, a collective action requires you to affirmatively join the case. After we file a lawsuit for unpaid overtime, we ask the court to certify the case as a collective action, showing that other workers were subject to the same unlawful pay practice you were. If the court grants that motion, it sends notice to everyone who held that position over the past three years, and each person decides whether to join by returning a form.
Under Minnesota law, a class action for wage claims works differently. After the lawsuit starts, we ask the court to certify a class, again showing the employer’s unlawful practices applied broadly. If the court certifies the class, everyone in it is automatically included unless they choose to opt out by returning a form.
| Collective Action (FLSA) | Class Action (Minnesota Law) | |
|---|---|---|
| Legal basis | Federal Fair Labor Standards Act | Minnesota wage and hour statutes |
| How workers join | Opt in – must return a form to participate | Opt out – automatically included unless you decline |
| Typical claims | Unpaid overtime, unpaid minimum wage | Unpaid overtime, unpaid wages, unlawful deductions |
| Notice period | Sent to workers in the same position over the past 3 years | Defined case by case, generally matching the 2 to 3-year statute of limitations for the claims at issue |
Wage and hour claims are not the only area where we bring group actions on behalf of Minnesota workers. If you are trying to figure out whether your situation fits a broader group claim, our Minneapolis class action lawyers can walk you through it.
Contact Madia Law To Discuss Your Case.
Common Wage and Hour Violations We See in Minneapolis Workplaces
Wage theft in Minneapolis workplaces tends to fall into a handful of recurring patterns. Recognizing which one applies to you is the first step toward knowing what you are owed.
- Off-the-Clock Work: Your employer requires or allows work before clocking in, after clocking out, or through unpaid breaks, without paying for that time
- Misclassification as Exempt: Your employer labels you “exempt” from overtime, but your actual job duties do not meet the legal test for that exemption. Most exemptions require that your primary duty involve real discretion and independent judgment on matters of significance, not just doing administrative tasks. A secretary who processes paperwork under someone else’s direction, for example, usually does not meet this test and is owed overtime even if her employer labeled her exempt
- Unlawful Paycheck Deductions: The Minnesota Payment of Wages Act prohibits employers from deducting for lost or damaged property, or other claimed debts, from your paycheck. Even if you signed something authorizing the deduction, most such authorizations are void under Minnesota law. We previously settled an unfair deductions case on behalf of a physician’s assistant on exactly this issue
- Day-Rate Pay Without Overtime: Your employer pays a flat amount per day worked, regardless of hours, and does not add overtime pay when your week goes over 40 hours
- Unpaid Commissions: Your employer earned you a commission through a sale or referral and then simply never paid it, which is its own violation separate from overtime. If you are unsure whether you fall into this category, our overview of what counts as exempt versus non-exempt employees is a useful starting point.
Not Sure Where To Start? Contact Us
Minneapolis and Minnesota Minimum Wage Rates
As of January 1, 2026, the minimum wage in Minneapolis is $16.37 per hour for all employers, regardless of size. The Minnesota state minimum wage outside of Minneapolis and St. Paul is $11.41 per hour, with a 90-day training wage of $9.31 per hour for workers under 20.
The federal minimum wage remains $7.25 per hour. Whichever rate is highest applies to your work, so if you worked in Minneapolis, you are owed the Minneapolis rate even if your employer is based elsewhere.
Sources: Minnesota Department of Labor and Industry, dli.mn.gov/minwag, https://minimumwage.minneapolismn.gov/
Contact Madia Law Before You Decide Anything
What Damages Can You Recover for Unpaid Overtime?
You can recover twice what you are actually owed. For minimum wage and overtime claims, Minnesota and federal law entitle you to the wages you were denied, plus an equal amount as liquidated damages, which functions as a penalty on top of your actual back pay. On top of that, your employer is required to pay your attorney fees and litigation costs, plus interest on what it owes you.
How Long Do You Have to File an Unpaid Overtime Claim?
You generally have two years to file an unpaid overtime or minimum wage claim, or three years if we can show your employer’s violation was willful. Willfulness means showing your employer knew about the law, or recklessly disregarded whether it was complying, rather than making an honest mistake. The clock runs from each missed paycheck, so waiting costs you real money even if you eventually file. Our guide on how long you have to sue for unpaid wages in Minnesota covers this in more detail.
Mistakes That Can Weaken Your Overtime Claim
A handful of avoidable mistakes come up again and again in overtime disputes, and any one of them can shrink what you recover or slow your case down.
- Not tracking your hours yourself. Your employer is legally required to keep accurate time records, but when it does not, or its records conflict with reality, your own notes of dates, start times, and end times become powerful evidence
- Waiting too long to call. The statute of limitations keeps running the entire time you wait, and evidence gets harder to gather the longer you delay. Our guide on the steps you can take to collect unpaid wages and commissions in Minnesota walks through what to do first
- Accepting your employer’s exempt classification at face value. Being paid a salary does not automatically mean you are exempt from overtime. The actual test looks at what you do day to day, not what your offer letter says
- Talking to your employer about the issue without documentation. If you raise a pay concern, do it in writing, and keep a copy. A verbal conversation with no record is much harder to prove later
- Assuming a small shortfall is not worth pursuing. A few unpaid hours a week add up over months and years, and if your coworkers were shorted the same way, a small individual claim can become a collective or class action worth far more
Can Your Employer Fire You for Reporting Unpaid Overtime?
No. Both the FLSA and the Minnesota Fair Labor Standards Act prohibit retaliation against you for reporting unfair or improper pay practices. If your employer fires you, demotes you, or otherwise punishes you for raising a wage complaint, you have a retaliation claim in addition to your unpaid overtime claim. We have represented a whistleblower who faced workplace retaliation and recovered a $120,000 settlement for standing up after reporting wrongdoing at work.
Frequently Asked Questions
What Is My Unpaid Overtime Case Worth?
There is no single ‘average’ figure, because value depends on your specific facts: how strong the proof is that your employer broke the law, how much unpaid overtime you and any coworkers worked, and whether your employer has the resources to pay a judgment. Our broader breakdown of how an employment case value is calculated walks through the factors in more depth.
How Do I Prove Unpaid Overtime If I Don’t Have Time Records?
Your employer is legally required to keep accurate records of your hours. If it did not, your own testimony about the hours you worked off the clock is admissible, and the more detailed your own notes are, such as a diary of start and end times, the stronger your case.
What If My Employer Is Taking Deductions Out of My Paycheck?
The Minnesota Payment of Wages Act prohibits employers from deducting for lost or damaged property or other claimed debts, and most authorizations you may have signed for such deductions are void under Minnesota law.
What Happens If My Employer Won’t Give Me My Last Paycheck?
Send your employer a signed, dated letter requesting your final paycheck, ideally by certified mail, so there is a record of delivery. If you were fired or laid off, your employer must pay you within 24 hours of receiving that letter, or it owes you an extra day’s wages for every day it is late, up to 15 days. If you quit, your employer instead has until your next regularly scheduled payday, and the 24-hour penalty clock only starts if that payday passes without payment.
What Is the Difference Between Exempt and Non-Exempt Employees?
Non-exempt employees must be paid overtime for hours worked over 40 in a week. Exempt status depends on your actual job duties, not your job title or whether you are paid a salary; our breakdown of exempt versus non-exempt status covers the most common exemptions and where employers get the test wrong.
Talk to Our Minneapolis Unpaid Overtime Lawyers Today
Every day you wait is a day closer to the statute of limitations running out on part of your claim. Call 612-349-2729 now, or reach out through our contact form, and tell us what is happening. You will spend five to ten minutes with our staff going over the basics: who you worked for, what kind of work you did, how long you were there, and why you believe your employer’s pay practices were unlawful. We typically respond within a few hours, and if your situation is outside what we handle, we will tell you that directly and point you toward someone who can help. There is no upfront cost to talk with us, and you owe us nothing in attorney fees unless we recover for you.
We also fight cases regarding workplace sexual harassment, wrongful termination, whistleblower claims, and racial discrimination.
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