Colorado Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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Section 16(b) of Fair Labor Standards Act is found in 29 U.S.C. 201, et seq. The Fair Labor Standards Act (FLSA) is a federal act that is sometimes referred to as the minimum wage law. It also deals with child labor, overtime pay requirements, and equal pay provisions. to be shipped in interstate commerce. Coverage of the FLSA is very broad. Almost all businesses could be said to be involved in interstate commerce in some way. Exemptions to the Act are very specifically defined.


A corporate employer obviously can be liable under the Act, but individual officers can also be held liable. Anyone who actively participates in the running of the business can be liable. Payment of unpaid wages plus a penalty is the usual penalty for violation of the minimum wage or overtime provisions of the Act. However, fines of up to $10,000 and/or imprisonment for up to six months are possible for willful violations. A willful violation of the Act occurs when you know that you are clearly violating the Act but do it anyway.


Enforcement of the FLSA can result from an employee filing a complaint with the Wage and Hour Dept. of the Department of Labor or by the Dept. of Labor initiating its own investigation. Random audits are not uncommon, but audits generally result from a formal or informal complaint of an employee. Employers are prohibited by the FLSA from firing an employee for making a complaint or participating in a Dept. of Labor investigation.


The FLSA requires that nonexempt employees be paid 1.5 times their regular rate of pay for time work in excess of 40 hours. Salaried employees also are entitled to overtime payment unless they come under one of the white collar exemptions. To compute overtime payment due to a salaried employee, you divide their regular wage (figured as a weekly wage) by the number of hours they normally work in a week and then multiply it by 1.5 to get the amount they would receive for hours worked in excess of 40.

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  • Preview Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act
  • Preview Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act
  • Preview Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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FAQ

In Colorado, there is no limit to the number of hours that you can legally work in a day. However, if you're an hourly employee, Colorado law requires you to receive time and a half pay for any work past 12 hours in a day.

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 ...

To file a formal complaint to start an investigation, please complete the ?Labor Standards Complaint Form? below. You can send a written demand and file a complaint simultaneously. You do not need to wait 14 days after sending a written demand to then file a complaint with our Division.

You can rest easy knowing there's no specific overtime tax. You'll just withhold the required taxes from an employee's total income for that pay period, which is regular plus overtime earnings.

The Colorado Wage Act (C.R.S. 8-4-101 et seq.) requires Colorado employers to pay employees their earned wages in a timely manner. The Wage Act is commonly referred to as the Colorado Wage Law, the Colorado Wage Claim Act, or the Colorado Wage Protection Act.

Overtime in Colorado is set at 1.5 times the regular hourly rate for work performed by an employee exceeding: 40 hours per workweek. 12 hours per workday, or. 12 consecutive hours of work (regardless of the time started and ended)

Holiday Pay Colorado wage law does not require nor prohibit any paid holidays, and does not require nor prohibit any extra pay for working on holidays. When an employee is paid for a non-work holiday, the holiday hours do not count towards overtime unless actual work was performed on the holiday.

Colorado also requires overtime pay if the covered employee works more than twelve hours in a workday. Employers violate the FLSA and Colorado state minimum wage and overtime laws when they know that covered employees are not being compensated ing to the minimum wage (or overtime) for all hours worked.

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Colorado Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act