As an employee who is diligently performing the duties required by you in your workplace, you expect your employer to perform in good faith and pay you a fair and reasonable wage for the amount of hours you have worked.
Yet in some instances, the Denver employment attorneys at Lonn Heymann Law Firm, P.C. have been forced to file a claim against employers who are reluctant to compensate their employees for working overtime without proper compensation. We have represented clients who have filed a civil claim against their employer in an effort to obtain the financial compensation to which they are entitled under the law.
|Colorado Overtime Pay Laws
In general, non-exempt employees covered by the Wage Order must be paid time and one-half their regular rate of pay for any work in excess of:
1. 40 hours per workweek.
Exemptions from overtime
Source: The Colorado Department of Labor and Employment/Division of Labor.
Under the Fair Labor Standards Act, almost all employees, regardless of their job title or the method in which they are compensated, are entitled to receive an hourly pay rate of 1.5 times their normal hourly wage for any hours worked in excess of 40 hours per week. In most instances, this rule applies to employees who are paid based on an hourly rate, weekly or bi-weekly salary, commission or on a per-project basis.
There are many misconceptions about just who is eligible for overtime pay. Many employers are under the mistaken impression that because of an employee’s job title, such as a department manager or some other management position, or because the employee is paid a set salary for their work, that they are ineligible to receive any overtime compensation.
Many employers are guilty of allowing an employee to believe that any work done on their lunch break or after hours, for example, does not qualify for overtime pay. Still others offer to “pay” the employee for any overtime hours in the form of additional time off, sometimes know as “comp time,” or by simply apply the extra hours towards the next salary pay period.
While there are some exceptions to rules that govern overtime pay, it is important for both the employer and employee to fully understand their rights under the law. Simply taking the word of your employer can lead to an employee being grossly underpaid for the work they perform.
In the event you feel you are not being compensated fairly for the work you perform, you may be reluctant to address the situation with your employer for fear of being terminated, especially in today’s tenuous employment market. Any form of retaliation, punishment, or termination for attempting to receive eligible overtime pay is against the law. In most cases, you may not only be entitled to back-wages for overtime pay, but also to additional compensation, known as liquidated damages, equal to the amount of overtime pay you are owed. Further, the overtime compensation laws allow you to take action against your employer without paying any out-of-pocket costs for your lawsuit or lawyer’s fees.
Although there are exemptions as to what type of employee may be eligible to receive overtime pay, there are many misconceptions. Generally, exempt employees include certain managerial, professional and executive positions, particularly those who oversee or supervise the work of other employees. Some outside sales people, car dealership employees, farm workers and seasonal employees of certain recreational establishments may also be ineligible.
The bottom line is that if you feel you may be entitled to overtime pay, it is best to contact our office to review the circumstances of your case – and the sooner the better. There is a statute of limitations of 2 years within which you may make a claim for unpaid overtime wages. Even if you are no longer working for the company, you still can file legal action in an effort to receive any unpaid overtime wages, liquidated compensation and even interest.
If you feel you are due overtime compensation from an employer, either current or within the last 2 years, the Colorado employment lawyers at Lonn Heymann Law Firm, P.C. can help you take action. Our aggressive and skillful representation can allow you to obtain back wages, liquidated fees and interest payments so that you are fairly and legally compensated for your work.
Call our office today to schedule a no obligation appointment to discuss your situation, and let us begin to fight for justice on your behalf.