Overtime pay after 44 hours?

Get Legal Help Today

 Secured with SHA-256 Encryption

Overtime pay after 44 hours?

I work at a recreational marijuana dispensary. My employer starts overtime pay at 44 hours a week or 88 a pay period. They say that is legal but I cannot find any documentation saying so. Is this something I should bring to the attention of the company, the Labor Board or are they in the right?

Asked on February 1, 2019 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it is not legal: under federal law, you get overtime after 40 hours of work, not 44--if you go to the federal Dept. of Labor (DOL) website and look up "overtime," you will find discussion of this. If you have 4 hours of unpaid lunch when you are not working during a week, the employer would be acting legally, because only work time counts--but again, once you work 40 hours, time past that is overtime. If you are not being paid overtime when you should be, contact the state or federal department(s) of labor about filing a complaint.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption