What is the law regarding overtime pay?

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What is the law regarding overtime pay?

I AM A MANAGER AT A CHILDRENS’ BOUTIQUE AND RECEIVING $7.75/HOUR. I KNOW THE GENERAL OVERTIME LAWS ARE 40+ HOURS IN 1 WEEK OR 80+ HOURS IN A BI-WEEKLY CHECK. MY EMPLOYER CLAIMS THE LAW THEY USE IS 56+ HOURS IN 1 WEEK; 112+ IN BI-WEEKLY. I CAN’T FIND THIS OVERTIME LAW ANYWHERE. AM I GETTING SCREWED OUT OF THE OVERTIME COMPENSATION THAT I HAVE WORKED SO HARD FOR?

Asked on February 5, 2011 under Employment Labor Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In CO, the general rule is that overtime must be paid at a rate of 1 1/2 times an employee's regular rate of pay for hours worked in excess of 40 in a workweek and/or for any work in excess of 12 hours per workday or 12 straight hours.  If a work shift extends into 2 work weeks, the hours are calculated based on the week in which they were worked. Lunch hours that do not require work are not included for the purposes of figuring overtime.   However, some employees are exempt from minimum wage and overtime provisions. Under CO law (which differs from federal law), this depends on the the type of work that you do, how much you earn per week, and other factors.

What you need to so now is to contact to contact the CO Department of Labor (http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1240336908932) and/or an employment law attorney.  Once you provide all of the details of your employment they can best advise you as to your overtime rights.


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