Our Colorado Unpaid Wages Lawyers Fight for Your Wages

All employees and employers must abide by applicable Federal law as well as the laws of the state that they work in. Federal law governs and regulates the minimum wage and overtime pay requirements, and all employers in the country must comply with it. An employee’s pay cannot be below the minimum, even if it’s a salary, piece rate, commissioned, flat rate pay, hourly, or other basis of pay.

As of 2022, the federal minimum wage ($7.25) is the bare minimum that an employer can pay its employee, but most states elect to enact a moderately higher minimum wage. For example, Colorado has laws governing the minimum wage and overtime pay that an employer must provide to its employees. When the state minimum wage is higher than the federal minimum, then the employer must pay at least the state’s minimum wage. In 2022, the Colorado state minimum wage is $12.56. In Denver, Colorado, the 2022 minimum wage is $15.87.

Wage Theft is a common issue and occurs when employers fail to follow the laws concerning wages. It’s called wage theft because the even though the worker is legally entitled to those wages, the employer does not pay out, and in effect steals that money from its own employees. In a 2022 report, the Colorado Fiscal Institute found that nearly $728 million has been stolen from workers annually. Additionally, nearly 440,000 low-wage and minimum-wage employee experience wage theft. Payroll is one of the biggest expenses for employers and so they sometimes wrongfully withhold pay from their hardworking employees. Wage violations are especially prevalent among construction and food service workers. It is illegal for your employer to steal your wages from you. If you believe that your employer is in violation of these laws, you should speak to a Denver Colorado unpaid wages attorney that can help you recover what is rightfully yours.

Common Hour and Wage Violations

Wage theft is when an employer does not pay an employee all of the money that the employer is owed. Wage theft can take many different forms, such as:

• Overtime violations: Federal law dictates that any employee that works over 40 hours a week is entitled overtime payment for their overtime hours worked. Employees that work more than 40 hours a week should receive one-and-a-half times their regular wage, according both Federal and state law. There are many ways that employers try to avoid paying overtime, which is why having an experienced unpaid overtime lawyer familiar with Federal and Colorado state law is helpful.
• Fair Labor Standards Act violations: Failure to properly pay employees at their overtime rate, misclassification of employees in order to avoid the FLSA’s overtime requirements, unfair timekeeping and rounding policies, and failure to pay for short rest breaks of 20 minutes or less. There are many other ways that employers violate the FLSA. When FLSA violations affect one employee, there is a high chance that it happens to other employees too, which is why our attorneys have brought numerous FLSA collective and class action lawsuits on behalf of employees.
• Requiring off-the-clock work: Employers must pay employees for any work performed, even if the employee was not ‘clocked in’ at the time. A common issue is when an employer expects their workers to begin productive work at the exact start of their shift but fails to pay the employee for the pre-shift preparatory work. For example, pre-shift meetings that are required or required sanitation procedures have been found to be compensable, and employers must pay for them. Not only must employers pay for this time, but the time worked must also be factored for purposes of determining overtime. At Coffman Legal, our Denver Colorado wage and hour lawyers are highly experienced in under payment claims.
• Tip violations: There are multiple forms of wage theft for tipped employees. One example is an employer refusing to let an employee keep their tips. Another example is when the tips an employee makes are also sometimes not enough for the worker to make minimum wage. By law, an employer cannot pay their employee less than minimum wage. When an employee’s tips plus their hourly rate of pay would be less than the minimum wage, the employer must pay the difference. Some employers do not do this, which is illegal, and employees can hold employers liable for paying the rightful minimum wage when this occurs. This is frequent in the restaurant industry and our lawyers have handled many claims for unpaid or stolen tips.

These are just a few examples of wage theft, and there are countless other ways that employers steal from their workers. You deserve to be paid your fair wages, and consulting with one of our Denver wage theft attorneys is the first step in helping you recover what you are owed.

Damages Available in Wage and Hour Violation Claims

Employees can hold employers liable for paying compensation any time they violate federal or state wage and hour laws. The most common type of compensation in these claims is the lost wages the employee suffered. However, there are other types of damages, as well. They include:

• Liquidated damages: These damages include the back pay employees have earned but have not yet been paid.
• Attorney’s fees: No one should have to pay their attorney’s fees when they are trying to recover what is rightfully theirs. Employees can include these fees in their claim.
• Punitive damages: Employers that intentionally withhold an employee’s proper wages may also be liable for paying punitive damages when a court orders them.

At Coffman Legal, our Denver Colorado wage theft lawyers are experienced in helping workers recover their lost wages. Employees work hard for their money and deserve to be paid appropriately and lawfully.

Our Colorado Unpaid Wages Lawyers Can Help You Recover Your Wages

If you have not received the proper wages you have earned, our Denver wage and hour attorneys can help ensure your rights are upheld. At Coffman Legal, LLC, our knowledgeable attorneys will hold your employer accountable for their actions and help you recover the full wages you deserve. Call us today at 720-784-7717 or fill out our online form to schedule a free case evaluation.