Unpaid Overtime Attorney in Denver, CO
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Most employees in Colorado are protected by state and federal laws that mandate overtime pay. Unless exempt, employees should receive overtime pay at a rate of time and one-half their regular rate of pay. If you or someone you love believes you are owed overtime wages by your employer, we at Denver Trial Lawyers ® encourage you to discuss your situation further with an attorney from our firm.
Our legal team is well-versed in labor law and overtime regulations, as well as the common errors and employer violations that prevent workers from being paid at the lawful pay rate.
Whether you are an hourly employee who spends more than 40 hours doing company work, or a salaried employee who has been labeled as exempt from overtime wages when you are in fact eligible to receive them, we are readily available to review your case, determine your eligibility for overtime pay, and take the necessary steps to secure the wages you are rightfully owed.
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Understanding Your Right to Overtime Wages
If you are a covered, nonexempt employee, both Colorado law and federal law established by the Fair Labor Standards Act (FLSA) protect your right to overtime wages when you work over 40 hours in a workweek or over 12 hours in a day. The rate of overtime pay is governed by law and must be no less and time and one-half your regular pay rate.
One of the largest issues when it comes to overtime wages is that some employees can be considered exempt from the overtime pay requirement, meaning that they do not earn time and one-half wages when they work over 40 hours in a week. Aside from certain professions, such as railroad workers or truck drivers, most employees are governed by the FLSA. Additionally, most employees governed by the FLSA are nonexempt employees and are entitled to overtime pay.
Nonexempt or Exempt: Eligibility for Overtime Pay
Under the FLSA, whether or not you are exempt or nonexempt depends on:
- How much you are paid;
- How you are paid; and
- What type of work you do
Although there are a few exemptions, the FLSA clearly establishes when workers can be classified as exempt from overtime pay.
In order to be exempt, you must meet all three of the following criteria:
- Earn at least $47,476 a year ($913 a week)
- Be paid salary
- Perform exempt job duties (including certain executive, administrative, professional, computer, and outside sales duties)
Just because your employer classifies you as an exempt employee, doesn’t mean that you are actually exempt under the law. Our attorneys can thoroughly review your situation and the nature of your job responsibilities to help you determine if you have been misclassified and should be paid overtime wages for all hours you’ve worked over 40 per week.
We can also determine if other errors were made when calculating overtime wages to ensure you receive the wages you are owed.