Two important laws concerning overtime are the Colorado Overtime and Minimum Pay Standards Order (COMPS) and the Fair Labor Standards Act (FLSA).
Our Denver Colorado unpaid overtime lawyers have successfully recovered unpaid wages and overtime for thousands of workers who were victims of wage theft. At Coffman Legal, our Colorado overtime attorneys fight zealously and are experienced in litigating against all employers, from local businesses to large corporations. You are entitled to your unpaid overtime pay and our Colorado wage theft attorneys will fight for you.
Both Colorado Law and the FLSA state that employers must pay overtime at one and one-half times (1.5x) the employee’s regular rate of pay (also known as “time and a half”). This can become expensive for employers, but workers are still entitled to compensation for all the hours they’ve worked. When you work overtime, you must be paid for time and a half.
For a variety of reasons, employers sometimes fail to pay their workers for overtime. Whatever the reason, our Denver Colorado unpaid overtime attorneys can help you recover your unpaid wages.
Employers neglect or fail to pay overtime for many reasons. Some of the most common reasons are:
If your employer owes you overtime pay, contact our Denver Colorado wage theft lawyers. The attorneys at Coffman Legal have extensive experience in litigating unpaid overtime cases.
Federal Exemptions to the FLSA’s Overtime laws are for executive employees, administrative employees, and professional employees. Additionally, these white-collar exemptions for employees only apply to employees that are paid at least $684 a week on a salary basis. Other exemptions include independent contractors, outside salespersons, computer employees, highly compensated employees, and others. Employers frequently misclassify their employees and claim that the employee is exempt from the FLSA’s overtime regulations so that the employee is not properly paid overtime. This common practice is unlawful. Our Denver Colorado overtime misclassification attorneys can advise you on whether you are truly exempt from the FLSA, or if you are entitled to overtime pay.
Several federal exemptions to the overtime laws under the FLSA:
In addition to these categories, there are specific exemptions for computer employees, outside sales employees, highly compensated employees, commissioned sales employees, drivers/helpers/mechanics/loaders of motor carriers, farmworkers, salesmen/partsmen/mechanics of automobile dealerships, seasonal and recreational establishment employees, among others.
Because exemption status is not solely determined by job title, it is important to consult with our Denver Colorado overtime exemption lawyers, who can help you to figure out if you are exempt, or if you are entitled to overtime pay.
Note: Under the FLSA, licensed practical nurses (LPN) and other similar healthcare employees are usually classified as non-exempt from the FLSA, and are therefore entitled to overtime pay.
For more information, reach out to our Denver Colorado overtime attorneys.
Generally, Colorado law requires employers to pay one-and-a-half times an employee’s regular rate for all overtime hours. Like the FLSA, there are three categories of exemptions to that law, meaning that if an employee is within the exemption, then the employee is not protected by the state overtime laws. The exemptions are established by whether or not the employee performs exempt duties, not by their title. Colorado’s exemptions are narrower than the FLSA exemptions, meaning that more employees are likely to be protected by Colorado’s overtime laws and provisions. Additionally, there is a salary requirement that must be met for an employee to be outside of the relevant overtime laws and regulations.
As of 2022, the salary requirement is $45,000 per year ($865.38 per week), unless the employee is a doctor, lawyer, or teacher, in which case there is no required salary or hourly compensation to be exempt. For more information, reach out to our Denver Colorado COMPS overtime exemption attorneys for a FREE initial consultation regarding your claim(s) for unpaid overtime.
The three Colorado overtime exemptions to COMPS are:
*The term “Executive” as it relates to whether an employee is an administrative employee is a narrow definition and does not apply to low- to mid-level managers that supervise two or more employees. Therefore, an employee who directly serves a lower-level manager would not be exempt from the COMPS overtime requirements and is entitled to overtime pay.
However, the title alone does not establish an exemption. An employee’s salary and actual duties determine whether or not they qualify for an exemption. The learned professional exemption to overtime and the creative professional exemption to overtime regulations include many aspects that can be difficult to establish without counsel. Please contact our Denver professional exemption misclassification attorneys if you believe you may have a claim.
If you believe you have been misclassified, contact our Denver Colorado overtime exemption lawyers today for a FREE analysis of your case.
Employers are not required to pay overtime to independent contractors. Sometimes, an employer might classify their employers are independent contractors in order to avoid giving them certain benefits and rights, such as overtime pay or insurance. The FLSA doesn’t “independent contractor”, but the Internal Revenue Service (IRS) and the U.S. Supreme Court have their own definitions. The IRS is interested in this issue of misclassifications allow the employer to avoid its own payroll taxes. The main issue is whether the company has the “right to control” the worker. If it does, then it is likely that the worker is an employee, not an independent contractor. Our Denver Colorado employment misclassification lawyers can help determine whether you are an independent contractor (and therefore exempt from the FLSA and COMPS). Ask yourself the following questions if you are unsure whether you are truly an independent contractor.
If you answered all or most of these questions with a yes, you may be an independent contractor. There is no one specific test for determining your employment status, though, so if you are unsure, call our office for a free consultation. We’ll analyze your job’s duties and characteristics and let you know if we think you are being unfairly denied overtime. Our Denver Colorado contractor overtime attorneys are ready to help with your case.
Because state law often differs from federal law, it is important consult one of our Denver Colorado overtime lawyers for a free analysis of your case. Call our Denver overtime attorneys at 720-784-7717.