Am I entitled overtime pay after 40 hours a week in Colorado?

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Am I entitled overtime pay after 40 hours a week in Colorado?

My employer says they can’t pay overtime even
though I constantly work over 40 hours a week.
They say since they are a small business they
don’t qualify. Is there a minimum amount of
employees for them to qualify for the OT??

Asked on August 7, 2017 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There are a VERY few business not required to pay overtime. To be exempt:
1) The business must have total sales (not profit; *sales*) of less than $500,000 per year; AND 
2) They must not do *anything* involving other states: not buy goods or parts or supplies or equipment from other states, not use an out-of-state consultant or contractor or employee, not mail any marketing materials out of state, not sell *anything* out of state, etc.--any cross-state activities or connection at all, and they are not exempt.
So only a purely local business making less than $500,000 might be exempt; otherwise, they have to pay overtime and if they have not, contact the federal Deparment of Labor--you may be owed up to two  years of back overtime.


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