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What are the laws of overtime of a salaried employee - a

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working manager who receives tips...
What are the laws of overtime of a salaried employee - a working manager who receives tips at a restaurant in the state of Colorado
Submitted: 3 months ago.Category: Employment Law
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Customer reply replied 3 months ago
how come I am not getting a response??
Answered in 2 hours by:
8/4/2017
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 6,017
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry for the delay, there are only a handful of attorneys handling questions on the side, and we are working as quickly as we can. None the less, I took some time to review your situation individually.. The answer to your question Is that a salaried employee he was working at a restaurant and receiving tips can receive overtime, but it depends on a few circumstances. According to the state of Colorado, There are only a few jobs that are exempt from the overtime requirement in the state. The only exception Those that work in commission sales, the ski industry, and medical transportation. In your case, if you are a salaried employee that is working at a restaurant, there is nothing in the Colorado statute that says that the individual would be Exempted from overtime. Generally, supervisors are are exempt from minimum wage requirements, but they're not exempt from receiving overtime. It may be a lot of reading, but if you click here you can see for yourself that supervisors are not excluded from the overtime requirement even if they are salary.

Although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 3 months ago
I thought Colorado had a vote to see if salaried people should get overtime and they didn't pass it - so if someone came back on the employer for not paying them overtime, however did give them bonus's periodically, how does that work - the documented time on the point of sale system, I believe is not accurate. I have 3 restaurants and put people in charge - when I get the time from the pos I believe some of the overtime is true and some is not ....if they are to come back on me with the time on the pos system how do I go about that - so let's say I paid a bar manager 23,000.00 a year - Do I pay overtime according to the salary that I gave her?? Thank you for your time - Cindy
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I can see what you mean. The bonuses and overtime wages are entirely different. Bonuses are simply something that is agreed upon between the employer and the employee. Overtime is something that is required by state law only with limited exceptions.

And I can understand if the point-of-sale system is not completely accurate. It makes it kind of difficult to figure out how you're going to pay your salaried employees. What I would recommend is take the $23,000 per year and divided by the number of hours that the bar manager would typically work in a given year. Once you figure out what their hourly wages, then you should multiply that times 1.5 and that's what their overtime would be. It's unusual because Colorado is one of the few states that offers overtime to salaried employees. And most other States, including California if you make a certain amount of money, then you are not eligible for any kind of overtime. In fact, if you are salaried employee in general, you are not allowed any kind of overtime. However, Colorado is a little bit different when it comes to their wage hour laws. Did you have any other questions for me?

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Customer reply replied 3 months ago
what if I have the kitchen manager, that I believe does not need to be there as long as he is - I have talked to him about it several times, and he continues to stay long after he needs to be there
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see what you mean. Overtime is only required if the employer needs the individual to work over 40 hours in a week or 12 hours in a day. So, if you don't need him there that long throughout the week/day, you can dismiss him.

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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