Trying the most complex issues
for over 30 years.

Trying the most complex issues for over 30 years.

What to do if your employer won’t pay overtime

On Behalf of | Jul 19, 2023 | Employment Law

In today’s competitive job market, it’s crucial for employees to understand their rights, especially when it comes to being fully reimbursed for their work. Unfortunately, not all employers comply with the law regarding paying overtime.

The Colorado Overtime and Minimum Pay Standards Order (COMPS Order) governs the state’s overtime payment standards. According to the COMPS Order, employees are entitled to overtime pay for any hours worked beyond 40 hours in a workweek. If you find yourself in a situation where your employer refuses to pay you overtime, it’s important to take appropriate action.

What are your rights?

As an employee, it’s crucial to understand your rights regarding overtime pay. Familiarize yourself with state labor laws and the Fair Labor Standards Act (FLSA) to comprehensively understand your entitlements. These laws:

  • Define overtime
  • Establish minimum wage standards
  • Protect employees’ rights to fair compensation

When dealing with a situation where your employer refuses to pay overtime, gathering all the necessary documentation to support your claim is essential. Collect your timesheets, pay stubs and any other relevant records demonstrating the hours you worked and the wages you were paid. This documentation may validate your claim if you are contemplating taking legal action.

How to communicate with your employer

The next step is to initiate a conversation with your employer about unpaid overtime. Schedule a meeting or have a formal discussion to address your concerns. Clearly and assertively communicate your position, referring to the documentation you have gathered to support your claim. Be professional and polite throughout the conversation, emphasizing your dedication to your work and the importance of fair compensation.

When to file a complaint

If informal negotiations fail, filing a complaint with the appropriate labor enforcement agency is worth considering. You may be in a strong position to file a complaint with the Colorado Division of Labor Standards and Statistics. You’ll need to provide the agency with all the relevant information, including your gathered documentation, after which you’ll need to follow its instructions to proceed with the complaint.

Dealing with an employer that is refusing to pay overtime can be frustrating and challenging. Therefore, you shouldn’t hesitate to seek legal guidance and take appropriate action to resolve the issue. This can help to better ensure that you’re fully reimbursed for your work.