The Fair Labor Standards Act requires employers to pay overtime to covered, non-exempt employees who work more than 40 hours in a workweek.
The rate of overtime pay is to be one and one-half times an employee’s regular pay rate. There are some exceptions that apply to hospital and nursing home employees, as well as firefighter and police officers.
Some states have overtime laws that subject an employee to both state and federal overtime laws and the employer is required to pay overtime according to those that allow for payment of the higher overtime pay.
Colorado law requires employers to pay time and a half of an employee’s regular pay rate for any hours worked in excess of 40 hours per workweek, 12 hours per workday or 12 consecutive hours regardless of when the workday starts and ends.
Employees who are covered under Colorado’s overtime laws are those who work in retail and service, food and beverage, commercial support service and health/medical occupations. Exempt employees include:
An employer may not waive overtime pay, even with the agreement of the employee. Employers who do not comply with overtime pay laws will be in direct violation of FLSA rules.
In addition to being fined, an employer can be held liable for retro overtime pay for up to two years; three years if he or she is found to have willfully violated the law. The employer can also be sued by the employee, which could be very costly to the employer.