Is it legal for an employer to not pay me an hourly wage part of the time?

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Is it legal for an employer to not pay me an hourly wage part of the time?

I get a minimum wage during a day
shift but only work for tips at night. I
work 35 hours or more a week on night
shifts. Am i owed wages?

Asked on August 29, 2016 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a word--yes. The law (e.g. the federal Fair Labor Standards Act, or FLSA) requires that hourly employees be paid for *all* hours worked, whether during the day or at night, during the work week or on weekends, etc. And if you work more than 40 hours total (day or night) during a week, you must be paid overtime for all hours worked past 40. Based on what you write, you may be owed substantial back pay, including back overtime, for hours you worked but were not paid over the last 2 years (you can only go back 2 years on a wage claim). You should contact the state department of labor to discuss filing a wage complaint.


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