Wage & Hour Attorneys in Denver, CO

Frequently, the cases we take on deal with the following Colorado and federal laws: 

• Colorado Overtime & Minimum Pay Standards (COMPS) Order - This outlines the state’s minimum wages, overtime pay requirements, mandatory rest periods and meal breaks, and more.
• Equal Pay for Equal Work Act - This act aims to eliminate pay disparities between those of different genders. 
• Wage Theft Transparency Act - This law makes determinations against employers who have violated wage and hour laws public. 
• Fair Labor Standards Act (FLSA) - This law establishes standards for the federal minimum wage, overtime pay requirements, and more. 
• Other federal laws - Depending on your specific employment situation, other federal laws may apply to your case. These could include the Family and Medical Leave Act (FMLA) and Equal Pay Act of 1963.

Common Wage & Hour Violations

Some of the most common ways that employers violate wage and hour laws include: 

Misclassification

This occurs when employers incorrectly classify employees as exempt from overtime pay or independent contractors to avoid providing benefits and paying employment taxes. 

Requiring Work Off the Clock

Some employers may require employees to work off the clock without paying them for their time. Examples include performing work before a shift or attending mandatory meetings outside of scheduled hours.

Denying Breaks

Colorado law requires that employees receive regular rest periods and meal breaks during their shifts. However, some employers may deny these breaks or not compensate employees for their time working during them. 

Failing to Pay Overtime & More

Many employees are entitled to overtime pay for any hours worked over 40. However, some employers may fail to pay this overtime or misclassify employees as exempt from receiving it. 

Under the Fair Labor Standards Act (FLSA), the following actions qualify as violations:

• Failing to pay overtime wages for all hours worked over 40 in a single week
• Averaging hours over two work weeks
• Misclassifying employees
• Failing to pay for short daytime breaks, on-call time, or at-home work

If your employer owes you overtime pay, you may be entitled to more than reimbursement for the back wages you are owed. You could be eligible for additional money, attorney’s fees, and related legal costs.

Denying Medical Leave

The Family and Medical Leave Act (FMLA) protects your right to take unpaid leave from work for medical reasons or to care for a family member. If you are an eligible employee, the FMLA permits you to take up to 12 weeks of unpaid leave from work in any 12-month period to care for yourself or a family member. The law applies to most federal, state, and local government employers and private employers with at least 50 employees within 75 miles of the workplace.

To qualify for FMLA leave, you must:

• Have worked at least 1,250 hours for your employer within the last year
• Have been employed for at least 12 months (not necessarily consecutive) by your employer

There are specific instances under the FMLA where you can take unpaid leave without risk of retaliation. These include circumstances involving:

• A serious health condition
• An immediate family member’s serious health condition
• The birth of a new child
• The adoption or fostering of a child

Should you have concerns about an employer’s actions and the FMLA, let us know. Our team can review your situation and outline your legal options for recourse. 

Potential Remedies for Wage & Hour Law Violations

The remedies you may be able to seek for wage and hour law violations include back pay for regular wages and overtime pay you were denied. Also, you may be able to recover “penalties,” which could be between two to three times the unpaid wages, depending on the nature of the violation. Finally, if litigation is necessary, you may be awarded compensation for legal fees.