If an employer is not paying overtime wages in accordance with federal laws, it may be illegal, depending on an individual’s work status, and the type of business where they are employed. On March 28, 2019, the U.S. Department of Labor announced a proposed rule to amend 29 CFR part 778 to clarify and update regular rate requirements under section 7(e) of the Fair Labor Standards Act (FLSA). The FLSA generally requires overtime pay of at least one and one-half times the regular rate of pay for hours worked in excess of 40 hours per workweek. Regular rate requirements define what forms of payment employers include and exclude in the “time and one-half” calculation when determining workers’ overtime rates.

Some employers do not have to pay overtime.

Not all employers are required by law to pay overtime wages, although exceptions are rare. The Fair Labor Standards Act requires companies with over $500,000 in annual sales and those that participate in interstate commerce, or business between states, to pay their workers an overtime wage. States have their own laws detailing overtime requirements, and these are often more stringent than the national counterparts. The Colorado state labor department can provide guidelines and details regarding those policies.

There are exceptions to overtime depending on the class of employee to include:

  • Independent contractors.
  • Salaried administrative, executive, or professional workers.
  • Criminal investigators.
  • Some seasonal employees or staff of cyclical businesses.
  • Informal babysitters or caregivers.

Colorado law.

Employers in Colorado are required to follow both the federal Fair Labor Standards Act (FLSA) and the Colorado Wage Act. These laws govern such things as the required minimum hourly wage, the required overtime wage, the duration of pay periods, appropriate payroll deductions, required pay statement information, payment of final wages, and much more. In Colorado, employees shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty hours per workweek; (2) twelve hours per workday, or (3) twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages.

Hire an attorney.

If you believe that you have been the victim of wage violations, you should seek legal representation as soon as possible because there are time restrictions on wage claims in Colorado.  Contact an experienced attorney at the Law Office of Anderson Barkley for a complimentary consultation, if you believe you are not being paid deserved wages, or are improperly classified, impacting payment for your work-related efforts.

Anderson Barkley Attorneys at Law

3900 E. Mexico Ave., Suite 300
Denver, CO 80210

Phone: (720) 506-1764
Fax: (303) 927-0809

 

Sources:

https://www.colorado.gov/pacific/sites/default/files/Temporary%207%20CCR%201103-1%20COMPS%2036_Clean.pdf

https://www.dol.gov/agencies/whd/flsa

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