Overtime Pay

Overtime Claims Lawyers

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 Overtime Laws

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.

Covered and Exempt Employees

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:

  • Salespeople, mechanics and parts-personnel and mechanics who work for automobile, farm implement (retail) or truck dealers and salespeople who work for trailer, boat (retail) and aircraft dealers
  • Sales employees working in service or retail industries of which half of their earnings are from commission sales and their regular pay is one and a half times the minimum wage. This exception applies only to those employees who receive 75 percent or more of their yearly dollar volume from service or retail sales.
  • Employees at ski resorts who perform duties relating to ski area operations involving skiing or snowboarding, as well as food and beverage service employees at on-mountain sites. However, overtime of one and a half the regular hourly rate for hours worked over 12 in a workday shall apply, except for ski area employees whose duties relate to lodging.
  • Employees in the medical transportation industry who are required to work 24-hour shifts are except from the daily 12-hour overtime requirement, but must be paid overtime for any hours worked in excess of 40 in a workweek.

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.