Denver Wage & Overtime Attorneys
Assisting Colorado Workers in Fair Wage & Overtime Compensation Matters
The attorneys at Larson Larimer Schneider, P.C. are experienced in protecting and enforcing hard-working Coloradans’ rights to fair wages and overtime compensation. Both state and federal laws require employers to compensate certain employees with overtime pay when the employee has worked for a period exceeding 40 hours in one work week. Overtime violations may arise when an employee performs work off the clock or when an employer misclassifies a job, averages hours over two or more work weeks, or fails to compensate an employee for brief breaks during the work day, call time, or work performed at home.
In Colorado’s growing economy, it is necessary to be fairly compensated for your work. If you believe that your employer has not provided you with the fair wages or overtime compensation you are entitled to under the law, reach out to our Denver wage and overtime lawyers to learn how we can help. With more than 100 years of combined legal experience, we know how to fight back against unjust and unlawful business practices, and we are committed to protecting the rights of hard-working employees throughout the Denver Metro Area and beyond.
Understanding Your Rights as an Employee
Many employees are entitled to overtime pay and they are not even aware of it. Most employees think they are not entitled to overtime pay because they are paid a salary, but this is not always the case. The question is not whether an employee is on salary but whether they are “exempt” according to the law.
In order to be classified as an “exempt” employee in the state of Colorado, meaning you are not entitled to overtime pay for more than 40 hours worked in a single work week, you must meet of the following criteria:
- You are an executive, supervisor, administrative, or professional employee, and;
- Your salary is above the designated threshold for exempt workers (as of January 1, 2020, this salary threshold is $35,568/year and will increase each year thereafter)
Furthermore, if you are an executive or supervisor, you must meet the following criteria to be considered exempt:
- You are a salaried worker who earns more than the minimum wage for every hour worked during the work week
- You supervise at least two employees
- You have the authority to hire new employees, fire employees, or recommend the hiring or firing of employees
- You spend at least 50 hours of your work week conducting duties specifically related to supervising employees
If you are an administrative or professional employee, you must meet the following additional criteria (additional to the two main criteria) to be exempt:
- You receive a salary
- You directly serve an executive
- Your job entails regularly conducting duties that are essential to the executive’s decision making
- You regularly handle significant matters with personal judgment and discretion
- Your job is non-manual and relates to management polices/general management
If you do not meet all of the outlined criteria for being an exempt employee, you are entitled to overtime pay at a rate of 1.5 times your normal hourly pay for each hour worked in excess of 40 hours during a normal work week, 12 hours in a row, or 12 days in a row, whichever leads to the highest wages.
What to Do If You Have Not Received Fair Wages or Overtime Pay
If you believe that you have been the victim of a wage or overtime violation or have not received overtime pay for hours worked beyond 40 in one work week or 12 consecutive hours or days, contact Larson Larimer Schneider, P.C. immediately. There are several important deadlines for filing overtime claims, so it is important that you do not delay.
Remember, your employer is prohibited by law from retaliating against you based on any potential claim you may file. Our Denver overtime violation attorneys may be able to recover back wages, liquidated damages, and attorneys’ fees and costs. We are available to assist you in protecting your legal rights.
If your employer is withholding your wages unfairly, please contact the attorneys at Larson Larimer Schneider, P.C. Call (303) 221-0039 for free consultation.