Most people don’t realize when on-call time counts as work hours. It’s confusing. And in Minnesota, the rules are actually stricter than federal law. So if you’re sitting at home waiting for your phone to ring, you might be entitled to pay right now.
Let’s break down exactly what you need to know about on-call laws in Minnesota. The rules changed in a major way after a 2021 court case. And they affect thousands of workers across the state.
What Is On-Call Time?
On-call time means you have to be available to work. You’re not actively working, but you can’t really do your own thing either. Think of property managers, IT workers, or healthcare employees who might get called in anytime.
Here’s the key question. Can you actually use that time for yourself? Or are you basically stuck waiting to work?
Minnesota law looks at this differently than federal law does. And that matters a lot.
How Minnesota Defines On-Call Work
Minnesota has its own version of the Fair Labor Standards Act. It’s called the Minnesota Fair Labor Standards Act, or MFLSA. The state rule says you’re working while on-call if you can’t use the time effectively for your own purposes.
Sound vague? It is. And that’s actually important.
The Minnesota rule states something specific. An employee who must remain on the employer’s premises or so close that they can’t use time effectively for their own purposes is working while on-call. That’s from Minnesota Rules 5200.0120.
Federal law has a similar rule. But Minnesota courts don’t always follow federal guidelines. They proved that in 2021.
The Hagen Decision Changed Everything
Okay, this one’s important. In 2021, the Minnesota Supreme Court made a huge ruling. The case was Hagen v. Steven Scott Management.
Jessica Hagen worked as a property caretaker. She lived at an apartment complex. Her job required on-call shifts once a week, every fifth weekend, and two holidays each year. She had to carry a company cell phone. She had to stay within a 20-minute radius of the property.
She wasn’t paid for on-call time. Only for actual hours worked when she responded to calls.
She sued. The lower courts sided with the employer. They said under federal law, her claim would fail. Federal courts have ruled that even more restrictive on-call requirements don’t qualify as compensable time.
But the Minnesota Supreme Court disagreed. Seriously. They said Minnesota law is different from federal law. The court looked at Hagen’s restrictions. She couldn’t visit family who lived more than 20 minutes away. She couldn’t drink alcohol. Her activities were limited.
The court said this created a genuine question. Could she actually use her time effectively for her own purposes? They couldn’t decide on summary judgment. A jury would have to decide.
This case is huge for Minnesota workers. It means employers can’t just rely on federal precedent. State law offers more protection.
Basic Requirements for On-Call Pay
Let’s talk about when you must be paid for on-call time. Minnesota law requires payment when restrictions prevent you from using time for your own purposes.
Wondering if this applies to you? Ask yourself these questions.
Can you leave the area? If you’re confined to a specific location or radius, that’s a restriction. Can you do personal activities? If you can’t run errands, visit friends, or handle personal business, that’s a restriction. Are you performing any work duties? Even carrying a company phone or equipment might count as a duty.
The stricter the limitations, the more likely you’re entitled to pay. And remember, Minnesota courts are more worker-friendly than federal courts on this issue.
Minnesota’s minimum wage as of January 1, 2026 is $11.41 per hour for all employers. If your on-call time qualifies as work time, you must be paid at least this amount. Minneapolis and St. Paul have higher rates. Minneapolis requires $16.37 per hour. St. Paul requires $16.37 for large businesses.
Not sure what counts as a violation? Let me break it down.
What Counts as Restricted On-Call Time
Minnesota looks at several factors. These help determine if your on-call time should be paid.
Geographic restrictions matter. If you must stay within a certain distance from work, that limits your freedom. A 20-minute radius like in the Hagen case is restrictive. But even larger areas might qualify depending on other factors.
Activity restrictions count too. Can you consume alcohol? Can you engage in recreational activities? Can you travel freely? If the answer is no, you’re likely entitled to pay.
Equipment requirements are important. Must you carry a company phone? Must you have specific tools ready? Must you wear certain clothing? These can all indicate you’re performing work duties.
Response time expectations play a role. If you must respond within 15 minutes, that’s very restrictive. Even 30 or 60 minutes can limit what you can realistically do.
Frequency matters as well. One on-call shift per month is different from being on-call three days per week. More frequent on-call duty creates bigger restrictions on your life.
Here’s the thing. Minnesota courts look at the total picture. They don’t just check one box. All these factors combined determine whether you can effectively use time for your own purposes.
When On-Call Time Doesn’t Require Pay
Not all on-call time is compensable. Sometimes the restrictions are minimal enough that you can live your life.
If you can go anywhere you want, that’s a good sign you’re not entitled to pay. If you only need to answer your phone and respond within a few hours, you probably have enough freedom. If you can run errands, socialize, exercise, and handle personal business, the time likely isn’t compensable.
Federal law is more lenient here. Under federal rules, many on-call situations don’t require pay. But Minnesota goes further to protect workers. So even if federal law wouldn’t require payment, Minnesota law might.
The key question remains the same. Can you use the time effectively for your own purposes?
Hold on, this part is important. The burden is on the employer to show you had freedom. If there’s a genuine dispute, it might go to a jury.
Minnesota vs Federal On-Call Rules
Minnesota and federal law aren’t identical. This confuses a lot of people. Let me explain the differences.
Federal law comes from the Fair Labor Standards Act. It says on-call time is compensable only when restrictions are so severe you can’t use time for personal pursuits. Federal courts have set a high bar. They’ve ruled against workers in many cases.
Minnesota law uses similar language. But Minnesota courts interpret it more favorably for workers. The Hagen decision proved this.
Federal courts might look at your situation and say the restrictions aren’t severe enough. Minnesota courts might look at the same situation and say you’re entitled to pay. That’s a huge difference.
For Minnesota workers, this is good news. You have stronger protections than workers in many other states.
Rest and Meal Break Rules for 2026
Speaking of worker protections, Minnesota just updated its break laws. These new rules took effect January 1, 2026. They apply to all on-call workers too.
Employers must now provide specific breaks. You get at least a 15-minute paid rest break within every four consecutive hours worked. You get at least a 30-minute meal break when working six or more consecutive hours.
These are minimums. The break must be long enough to actually use the restroom if that takes more than 15 minutes.
Meal breaks can be unpaid only if you’re completely relieved of all work duties. If you have to stay on-call during your meal break, it must be paid.
Pretty straightforward, right?
If your employer doesn’t allow these breaks, you can recover damages. You’re entitled to the pay you should have received during the break. Plus an equal amount as liquidated damages. That’s basically double pay.
Call-Back and Call-In Pay
Minnesota doesn’t have a statewide call-back pay law. But some industries and union contracts include call-back provisions.
What’s the difference between call-in and call-back? A call-in happens when work overlaps with your regular shift. You’re called in early. A call-back happens when you’re called to work after your shift ends and before your next shift begins.
Many union contracts require minimum call-back pay. Often it’s two hours at the overtime rate. Check your employment contract or collective bargaining agreement.
Without a contract, you’re entitled to pay only for actual hours worked. But remember, if the on-call restrictions were severe, you might be entitled to pay for the entire on-call period.
Record-Keeping Requirements
Employers must track all working time. This includes on-call time when it’s compensable. Minnesota Rules require detailed records.
Employers must keep records for at least three years. These must include basic employee information. Hours worked each day and week. Wages paid. Deductions made.
If you’re on-call, your employer should document when the on-call period starts and ends. They should track actual work performed. They should note any restrictions placed on you.
You’re not alone, this confuses a lot of people. Many employers don’t keep adequate records of on-call time. That can hurt them in a dispute.
Keep your own records too. Note your on-call dates and times. Write down what restrictions you had. Save any communications about on-call requirements. This documentation helps if you need to file a complaint.
Overtime Rules for On-Call Workers
Minnesota requires overtime after 48 hours in a workweek. Federal law requires it after 40 hours. Whichever law gives you more protection applies.
If your on-call time counts as work time, it goes toward your hours worked. This matters for overtime calculations.
Let’s say you worked 35 regular hours. You were on-call for 15 hours under conditions that qualify as work time. That’s 50 total hours. You’re entitled to overtime for 10 hours under federal law or 2 hours under Minnesota law.
Overtime pays at least 1.5 times your regular rate. Your regular rate includes all compensation, not just your base hourly wage. Non-discretionary bonuses and certain other payments must be factored in.
Honestly, this is the part most people miss. They don’t realize on-call time might push them into overtime territory.
What to Do If You’re Not Being Paid
Think you’re owed money for on-call time? Here’s what you should do.
Document everything first. Keep detailed records of your on-call schedule. Note all restrictions your employer places on you. Save emails, texts, and other communications about on-call requirements.
Talk to your employer next. Sometimes it’s a misunderstanding. Explain your concerns. Reference the Hagen case if needed. See if they’ll correct the issue.
File a complaint if talking doesn’t work. Contact the Minnesota Department of Labor and Industry. They enforce wage and hour laws. Their Labor Standards Division can investigate.
You can call them at 651-284-5005 or 1-800-342-5354. Or visit their website to file a complaint online.
You might also have a private right of action. This means you can sue your employer directly. Talk to an employment attorney about your options. Many take cases on contingency, meaning you pay nothing unless you win.
The statute of limitations is generally two years. If your employer willfully violated the law, it might be three years. Don’t wait too long to act.
Penalties for Employers
Employers who violate on-call pay laws face serious consequences. The Minnesota Department of Labor and Industry can investigate complaints. They can order employers to pay back wages.
You’re entitled to unpaid wages at your regular rate. You might also get liquidated damages equal to the unpaid amount. That means double your back pay.
The employer might face penalties and fines. Minnesota’s Wage Theft Prevention Act adds criminal penalties for serious violations. Wage theft is now a crime in Minnesota.
Employers can’t retaliate against you for filing a complaint. If they fire you, demote you, or otherwise punish you, that’s illegal. You have additional claims if retaliation occurs.
Special Situations and Exceptions
Some workers are exempt from Minnesota’s wage and hour laws. Executive, administrative, and professional employees might be exempt. This depends on job duties and salary level.
As of 2026, the salary threshold is tied to federal standards. Generally, you must make at least $844 per week on a salary basis to qualify for exemption. But job duties matter more than title.
Independent contractors aren’t covered by on-call pay laws. But be careful here. Many workers are misclassified as independent contractors. Minnesota uses specific tests to determine if you’re really an employee.
Collective bargaining agreements can set different rules. If you’re in a union, check your contract. It might provide greater benefits than state law requires.
Agricultural workers have different rules. Some transportation workers do too. If you work in a specialized industry, research your specific protections.
How Employers Can Comply
For employers reading this, here’s how to stay compliant. Evaluate your on-call policies carefully. Look at all restrictions you place on workers.
Ask yourself the key question. Can employees actually use their on-call time for their own purposes? If not, you probably need to pay them.
Create clear written policies. Explain when employees are on-call. Specify what restrictions apply. State how you’ll compensate on-call time.
Train your managers. Make sure supervisors understand the Hagen decision. They need to know Minnesota law is stricter than federal law.
Track all on-call time accurately. Use timekeeping systems that capture start and end times. Document restrictions and actual work performed.
Pay employees properly. Don’t just pay for callback time. Pay for restricted on-call time when required.
Consult an employment attorney. Get professional advice about your specific situation. It’s cheaper than defending a lawsuit.
Now, here’s where it gets interesting. Some employers are updating policies after Hagen. They’re reducing on-call restrictions to avoid paying for the entire period. That’s legal. Just make sure you’re actually giving employees freedom.
Recent Changes and Updates
Minnesota’s employment laws are evolving. The 2026 break law changes are just one example. Stay informed about new developments.
The Minnesota Paid Leave program launched January 1, 2026. This provides up to 20 weeks of paid family and medical leave. It’s funded through payroll taxes. This doesn’t directly affect on-call pay, but it’s another worker protection to know about.
Minneapolis and St. Paul have local labor ordinances. These include wage theft prevention rules. They provide additional enforcement mechanisms beyond state law.
The Minnesota Legislature continues to consider worker protection bills. Future sessions might bring more changes. Subscribe to updates from the Department of Labor and Industry to stay current.
Industry-Specific Considerations
Different industries handle on-call differently. Healthcare workers often have strict on-call requirements. They might need to respond within 30 minutes. They might need to stay near the hospital. These restrictions often qualify as compensable time.
IT and technical workers frequently have on-call rotations. If you must carry equipment and respond quickly, that time might be compensable. Document your restrictions carefully.
Property managers like in the Hagen case face unique situations. Living on-site adds complexity. The mere fact you live where you work doesn’t make all your time work time. But restrictions on your freedom while on-call can trigger pay requirements.
Utilities and emergency services workers often have on-call duties. Public sector workers might have different rules. Check if you’re covered by the Minnesota Fair Labor Standards Act.
Manufacturing and maintenance workers might be on-call for equipment failures. If you can’t travel freely or engage in normal activities, you might be entitled to pay.
Frequently Asked Questions
Do I get paid for all my on-call time in Minnesota? Not necessarily. You get paid if restrictions prevent you from using the time effectively for your own purposes. Minor restrictions might not qualify, but significant limits on your freedom usually do.
What if my employer says I’m on-call but I can do whatever I want? If you truly have freedom to go anywhere and do anything, you might not be entitled to pay. But if there are real restrictions like geography limits or response time requirements, you should document them and seek legal advice.
Can my employer make me be on-call without paying me? It depends on the restrictions. If you’re genuinely free to use your time as you wish, yes. If you’re significantly restricted, no. Minnesota law requires pay when you can’t effectively use time for your own purposes.
Is Minnesota law better for workers than federal law on on-call pay? Yes. The Hagen decision proved Minnesota courts interpret on-call requirements more favorably for workers than federal courts do. You have stronger protections in Minnesota.
What should I do if I think I’m owed on-call pay? Document your situation first. Keep detailed records of restrictions and time spent on-call. Then talk to your employer. If that doesn’t work, file a complaint with the Minnesota Department of Labor and Industry or consult an employment attorney.
Final Thoughts
On-call laws in Minnesota protect workers more than you might think. Thanks to the Hagen decision, you have rights even when federal law might not cover you. The key is whether you can actually use your on-call time for your own purposes.
If you’re stuck near your workplace, can’t engage in normal activities, or have to be ready to respond quickly, you’re probably entitled to pay. Don’t assume you have to accept unpaid on-call time just because that’s how it’s always been done.
Know your rights. Document your situation. And if something doesn’t seem right, ask questions. Minnesota’s Department of Labor and Industry is there to help. So are employment attorneys who specialize in wage and hour law.
Stay informed, keep good records, and don’t be afraid to speak up if you’re not being paid what you’re owed.
References
- Minnesota Fair Labor Standards Act, Minnesota Statutes 177.21-.35 https://www.revisor.mn.gov/statutes/cite/177
- Minnesota Department of Labor and Industry – Payment for Hours Worked https://www.dli.mn.gov/business/employment-practices/payment-hours-worked
- Hagen v. Steven Scott Management, Inc., 963 N.W.2d 164 (Minn. 2021) https://caselaw.findlaw.com/court/mn-supreme-court/2140438.html
- Minnesota Rules 5200.0120 – Hours Worked https://www.revisor.mn.gov/rules/5200.0120/
- Minnesota Department of Labor and Industry – Minimum Wage Information https://www.dli.mn.gov/minwage
- Minnesota Department of Labor and Industry – Work Breaks and Rest Periods https://www.dli.mn.gov/breaks
