Overtime Dispute Attorneys in Denver, Colorado

• Unpaid and improperly paid overtime
• Misclassification
• Unpaid or miscalculated bonuses and commissions
• Minimum wage
• Rounding of time may violate overtime laws
• Why choose LSTT

Unpaid and Improperly Paid Overtime

The Fair Labor Standards Act (“FLSA”) affects more than 130 million American workers, including both full-time and part-time workers in the public and private sectors. Although there are exceptions for certain types of workers in particular fields, the FLSA generally requires employers to pay non-exempt employees at least one and one-half times their regular rate of pay for all hours worked in excess of forty (40) hours in a fixed seven (7) day workweek.

For example, if an employee’s regular rate of pay is $30/hour, she must be paid at least $45/hour for each hour she works in excess of 40 hours in a particular workweek. An employee’s regular rate of pay includes certain bonuses to which he or she is entitled.

In some circumstances, an employee is hired at a fixed weekly salary for more than 40 hours in a workweek. This employee may still be entitled to overtime compensation depending on job duties. The fact the employee is paid a salary instead of an hourly wage does not automatically disqualify him or her from entitlement to overtime compensation.

For example, a non-exempt employee may be paid an annual salary of $50,000 (which works out to about $25/hour) and receive a production bonus of $10,000 per year. This employee should be paid at $45/hour for all hours worked in excess of 40 hours per week based on this math: $50,000 salary + $10,000 production bonus = $60,000 (or about $30/hour). One and one-half x $30/hour = $45/hour.

Misclassification

Federal and state law requires employers to pay non-exempt employees overtime wages for all hours worked over 40 per week. Many employers, however, skirt their obligations under these wage and hour laws by misclassifying their employees as exempt. This illegally enables employers to avoid paying overtime compensation.

Misclassification issues often arise when an employer pays its employees a fixed salary or commission regardless of the number of hours its employees work. A question we are often asked is whether payment of a salary automatically bars an employee from receiving overtime wages. The answer is an unequivocal “no.” Depending on their job duties, many salaried and/or commission-based employees are entitled to overtime compensation for all hours worked in excess of 40 per week.

Misclassification occurs in a number of different jobs, including loan officers, underwriters, and assistant managers. If you believe you have been misclassified as an exempt employee, contact us today for a no-obligation case evaluation. You may be able to recover unpaid overtime, an equal amount of “liquidated damages,” attorneys’ fees, and court costs.

The FLSA overtime requirement cannot be “waived” by contract or agreement between an employer and an employee. What matters is what the employer does, not what the employer says — if the employer makes or permits you to work overtime, you are entitled to overtime pay, even if the employer says overtime is not allowed.

The FLSA ordinarily has a 2-year statute of limitations (if an employer’s violation was willful, a 3-year statute of limitations applies), so it’s important to act quickly if you may have a case. In successful actions under the FLSA, employees are often entitled to back pay, an amount equal to that as “liquidated damages,” attorneys’ fees, and court costs.

Analyst/Auditors

Is your job title “Analyst” or Auditor” or something similar? If so, you may be entitled to overtime pay. Many employers improperly classify employees in these positions as “exempt” from overtime requirements, meaning the employees do not receive overtime compensation for hours worked over 40 hours in a week. Instead, many employers pay their Analysts or Auditors a fixed salary, sometimes without bonus potential.

However, employees in these positions often should be entitled to overtime pay. If you are an Analyst, Auditor, or hold a similar position and are not receiving overtime pay, contact us today for a no-obligation case evaluation.

Assistant Managers

Is your job title “Assistant Manager,” “Shift Supervisor,” “Assistant Vice-President,” or something similar, yet you spend almost no time managing people? If so, you may be entitled to overtime pay. Many employers use these job titles and pay these employees a fixed salary, leading them to believe they are not eligible to receive overtime pay. However, employees in these positions who do not regularly supervise two or more full-time employees, do not exercise much discretion, or do not make managerial decisions may be eligible for overtime pay.

If you an assistant manager or similar position and are not receiving overtime pay, contact us today for a no-obligation case evaluation.