Employment Law Questions? Ask an Employment Lawyer.
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Are you a salary and overtime exempt employee?
As a salary and exempt employee,
the State of CO, does not have any limits to the number of hours you work, nor do the regulate comp time which does not have to be offered to employees, so comp time is regulated by the employers written agreement,
the State does not regulate hos comp time is given to employees, it is considered a fringe benefit,
In Colorado, an employer is not required to provide its employees with vacation benefits, CO Div. of Labor Advisory Bulletin and Resource Guide. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. Colo. Rev. Stat. § 8-4-101(8)(a)(III).
please understand, that my company has salaried and overtime exempt employees they call "Catasrophe Adjusters" that went on the same catastophes as I, they work 3 weeks on and get 2 weeks off and make considerably more (around 35K more per year than I do) but I work 30 days straight and only get 2 days off.
That is simply not fair
Than you may have a discrimination complaint against the employer, if they are treating you this way due to your race, age, gender, or disability,
Or you may have a breach of contract suit, if they are violating their written policy on comp time and benefits,
no discrimination, they treat all adjusters this way. but why do some adjusters only work 3 weeks and get 2 weeks off while other adjusters work 30 days straight and only get 2 days off? isn't there something the NLRB can address?
If you are a Union member, you would file a Union complaint,
the NLRB is for Unions,
this would be an internal employment issue, as long as it is not based on your civil rights the law allows an employer to do this,
I would have an attorney review the compensation plan, and have an attorney send a letter threatening legal action,
the employer may try to settle with you at that point
If you have any further questions please do not hesitate to ask.
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