Employment Law

Overtime Wages and Hourly Pay Violations

Most employees are entitled to 1.5 times their regular wage if they work over 40 hours in one week. Although there are a few exceptions, the right to overtime pay does not depend on your job title, how you are paid, or what your boss has told you. Your boss cannot come up with elaborate schemes to avoid paying overtime. 

The law in Colorado and in the Federal Courts gives employees a right to enforce their overtime rights. The law requires fair pay and equal treatment in the workplace for all employees. The Fair Labor Standards Act (“FLSA”) mandates, among other things, that employers pay their employees certain minimum wages as well as time-and-one-half of the employee’s regular rate of pay for every hour worked over forty (40) in a workweek.

The Courts take overtime pay violations and worker rights very seriously. Employers who are found in violation of the FLSA can be forced to pay their employees what they are owed, plus additional penalties and damages to their workers. And employers are forbidden from retaliating against their workers who assert their rights. If you have concern that your boss is not paying you the overtime hours you have earned, contact the attorneys at Downs McDonough & Cowan, LLC at 970-247-8020 or by email

Wrongful Termination, Workplace Retaliation

There are certain situations in Colorado where an employer's termination of your employment may be considered wrongful. In these situations, you may be able to file a claim against your employer and seek justice for the harm that you have suffered as a result of the employer's misconduct.

The most prevalent circumstances that constitute a wrongful discharge may include:

Firing you based on your race, gender, religion, disability, age or other protected classification.

Ending your employment because you reported misconduct by the employer such as allowing sexual harassment in the workplace or committing fraud against the government.

A hostile work environment due to unwelcome advances, lewd comments and offensive and unsolicited acts or suggestions.

When you file a claim in these or any other circumstances involving wrongful discharge, you may be able to recover monetary damages from your employer.