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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20234
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My son found out he was accidentally being shorted on his

Customer Question

My son found out he was accidentally being shorted on his checks from the time the new company bought out the old one. He was not getting his overtime pay or shift dif on the weekends. This was roughly for about 1.5 years. They are only retro paying him from Jan. He is being shorted about 180 hours of shift dif and overtime pay (they only paid him straight time for those hours. My son did not realize he was being shorted because the split everything into separate pay sections. For example PM dif, night shift dif, weekend dif, day shift pay, night shift pay, etc. Is it legal for them not to pay him those 180 hours. They did pay him the 68 hours from Jan. thru April.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information. Although I don't see where you have asked a question, I will assume that you are asking what your son's recourse is if the employer is unwilling to pay for the entire period that was underpaid. If your question is something different, please ask it when you get my response. In any event, if your son works under a bargaining agreement (union), he would have to file a grievance through the union and go through that process, including possibly arbitration, since that is his recourse when in a union. If he is not in a union, then he has two options. One is to file a wage claim with the State as soon as possible for the money he is owed. Wage claims can go back for up to two years. He could, instead of filing a wage claim, file suit under Colorado wage laws and the Federal FLSA for the money he is owed. Again, there is a two year limit for suit under wage laws. He can find the wage claim form he needs at the following link: Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. If you don't see the box, please let me know. Thank you

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