How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
18284290
Type Your Employment Law Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

Can a company pay overtime rate only after 50 hours per week.

Customer Question

Can a company pay overtime rate only after 50 hours per week. i always knew that after 40 hours per week its time and a half. Am i wrong ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.
Under Colorado law, employees shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty hours per workweek; (2) twelve hours per workday, or (3) twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages.
A workweek is defined as any consecutive seven-day period starting with the same calendar day and hour each week. A workweek is a fixed and recurring period of 168 hours, seven consecutive twenty-four hour periods, and is typically established by the employer. Hours worked in two or more workweeks shall not be averaged for computation of overtime.
Should you have any further questions or need clarification, kindly use the REPLY feature and I'll be happy to assist you. Thank you.
Customer: replied 1 year ago.

Can you please point me to that specific law. How can a company not pay overtime , who would i file a complaint with . Is there a loophole that company can use not to pay overtime

Expert:  RobertJDFL replied 1 year ago.
Colorado has a Wage Act and there is an advisory bulletin put out by the Colorado Department of Labor and Employment that provides this information. Here is a link to the bulletin:
https://www.colorado.gov/pacific/sites/default/files/Advisory%20Bulletins.pdf
(scroll down the index and click on overtime hours or overtime pay)
And here is a link to the Department of Labor, which is whom you would want to contact regarding a potential wage claim:
https://www.colorado.gov/pacific/cdle/ContactUs
As for why your employer isn't paying overtime, that's not something I can really answer --I don't know your employer's reasoning. I can tell you that sometimes, employers incorrectly calculate when overtime should be paid. Sometimes, employers incorrectly classify non-exempt employees (who are entitled to overtime) as exempt (who are excluded). An employer may be misunderstanding what a "work week" is under the law. There can be many reasons why they aren't paying, but before you file a complaint. I think you need to speak to someone at the Department of Labor and Employment about it more.

Related Employment Law Questions