When Should I File a Lawsuit for Unpaid Overtime in Denver, CO?
What most employees don’t know is that if their employer pays them late or if their employer fails to pay them the amount they had initially agreed on, they can actually escalate matters legally. In many cases, if an employer does act in an unreasonable manner and they do not pay a person properly then the victim can generally not only claim their total wages but they may also be eligible to get additional compensation as a penalty for the employer’s irresponsibility.
Connecting with an unpaid overtime lawyer in Denver, Colorado is a great start for anyone who has not been given their due wages. An attorney can inform a person of their rights and help them follow the legal protocol in order to get the money they rightfully earned.
Employers have to pay their employees depending on the maximum federal, local or state rate in the area where a person resides. Employers are only allowed to pay less than the minimum wage set by the law if the employee also receives tips while on the job. In nearly all other cases, paying under the minimum rate can be punishable by law.
When am I entitled to get paid overtime?
In Colorado, individuals are supposed to be paid overtime if they work more than 12 hours in a day or more than 40 hours in a week. The categories of employees who are legally entitled to receive overtime are nonexempt hourly employees. When a person is working overtime they are generally entitled to receive 50% more than their hourly rate. If a person has been denied this right they can make a legal claim through a lawyer in order to get paid.
In Colorado, employees are also entitled to receive a paid 10-minute break every four hours and also an unpaid 30-minute lunch break as well. Individuals who are being denied this right need to stand up for themselves and take legal action.
How will my employer be penalized for unpaid wages?
After a person files a legal complaint they have the option of claiming for liquidation damages. Liquidation damages basically allow a person to get additional money on top of their unpaid wages due to inconveniences they had to suffer at the hands of their employer. This can include money which was lost due to a person’s checks bouncing or late charges a person was subjected to because they were not paid on time.
In many cases, individuals win liquidation damages as much as their unpaid wages, so that the total amount they receive from the employer is actually double of what they initially missed out on.
In order to file a wage claim lawsuit, individuals can either choose to file a complaint with the Colorado Department of Labor and Employment or they can choose to hire a lawyer and file a lawsuit directly in court.
