Employees in Colorado who are not paid overtime may have multiple legal avenues to recover unpaid wages. Under the FLSA, Colorado COMPS Orders, and the Colorado Wage Act, employees can seek unpaid overtime and potentially secure additional penalties. These claims can significantly increase recovery, especially when combined.
What Are Your Rights Under the FLSA and Colorado COMPS Orders?
Under the Fair Labor Standards Act (“FLSA”) and Colorado COMPS Orders, non-exempt employees are entitled to overtime pay for work past forty hours in a workweek and, under the COMPS Orders, non-exempt employees are also entitled to overtime pay for work past 12 hours a day or within any consecutive 24-hour period. The overtime rate of pay is 1 ½ times the non-exempt employee’s regular rate of pay.
Get more information on the Fair Labor Standards Act
Legal Claims and Remedies for Unpaid Overtime in Colorado
If an employer fails to pay overtime to a non-exempt employee, the employee may assert claims under the FLSA and applicable COMPS Order. A prevailing employee may recover the unpaid overtime owed, plus liquidated damages for a willful violation. Liquidated damages are an amount that equals the pay the employee should have received. The Employee is also entitled to an award of fees and costs if the Plaintiff prevails in litigation over the wages owed.
Here are some examples of unpaid overtime claims under the FLSA and Colorado COMPS Orders:
- Overtime Beyond 40 Hours/Week: An employee works 45 hours weekly but is only paid for 40. They can claim unpaid overtime for the extra 5 hours and liquidated damages.
- Daily Overtime Violations: An employee works 13 hours in a day but isn’t paid the required 1.5x rate for hours beyond 12.
- Willful Misclassification: A non-exempt employee is wrongly classified as exempt, working overtime without proper pay. They can claim unpaid wages and doubled damages.
- Retaliation for Wage Claims: An employee files an overtime claim and is terminated. They can recover unpaid wages and damages for retaliation.
- Misclassification of Duties: A salaried employee performing non-exempt duties works overtime and can claim unpaid wages due to misclassification.
Baird Quinn LLC’s’s experienced lawyers can help you maximize your potential recovery on overtime claims under Federal and Colorado law. Learn more about Overtime & Minimum Wage Under the FLSA and COMPS Order No. 38
Penalties for Unpaid Overtime in Colorado
Under the FLSA and Colorado COMPS Orders, the penalties for unpaid overtime can include:
- Unpaid Overtime Wages: Employees are entitled to the difference between what they were paid and the legally required overtime pay.
- Liquidated Damages: Equal to the amount of unpaid wages, effectively doubling the recovery if the violation is found to be willful.
- Attorney’s Fees and Costs: Employees who prevail in litigation can recover legal expenses.
Significantly, overtime pay is considered “wages” and “compensation” under the Colorado Wage Act. As a result, in addition to pursuing FLSA/COMPS Order claims, an employee may also assert Colorado Wage Act claims to recover unpaid overtime. This gives an employee the opportunity to recover Wage Act penalties – in addition to the unpaid overtime and potential liquidated damages under the FLSA.
Under the Colorado Wage Act, additional penalties may include:
- Automatic Penalty: Two times the unpaid wages or $1,000 (whichever is greater).
- Willful Violation Penalty: Three times the unpaid wages or $3,000 (whichever is greater).
These penalties are designed to compensate employees and deter employers from violating overtime laws.
Learn more about the Colorado Wage Act
Illustrating Potential Claims for Unpaid Overtime in Colorado
Under the FLSA and Colorado COMPS Orders, employees are entitled to overtime pay at 1.5 times their regular hourly rate for work exceeding 40 hours per week or 12 hours per day. For example, if an employee earning $10.00 per hour works 50 hours in a week but is only paid the standard rate for all hours, they are owed an additional $5.00 per hour (the half-time rate) for 10 overtime hours, totaling $50.00. If the employer’s violation is determined to be willful, the employee is also entitled to liquidated damages equal to the unpaid overtime, doubling the recovery to $100.00.
The Colorado Wage Act further enhances potential recovery by treating overtime pay as “wages.” Employees can pursue additional penalties under the Wage Act alongside FLSA/COMPS claims. For a standard violation, employees may recover a penalty of two times the unpaid wages or $1,000, whichever is greater. For willful violations, the penalty increases to three times the unpaid wages or $3,000, whichever is greater.
When these statutes are combined, an employee owed $50.00 in overtime could recover between $200.00 and $250.00:
- $100.00 under the FLSA (unpaid wages plus liquidated damages)
- $100.00–$150.00 under the Colorado Wage Act penalties
This example demonstrates how combining claims under the FLSA, COMPS Orders, and the Colorado Wage Act can significantly enhance the recovery for unpaid overtime.
Maximize Your Claim for Unpaid Overtime with Colorado Overtime Attorneys
Making sure that all of the right claims are asserted is significant in maximizing the potential recovery on any kind of claim – including an overtime claim. Baird Quinn LLC’s’s overtime lawyers have represented many clients on overtime claims under the FLSA, COMPS Order and Colorado Wage Act. By asserting all appropriate claims, Baird Quinn LLC’s’s attorneys can assist you in maximizing your potential recovery for unpaid overtime. Contact Baird Quinn LLC’s’s Colorado overtime attorneys to discuss your potential claims.