Am I entitled overtime pay after 40 hours a week in Colorado?

UPDATED: Sep 30, 2022

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Am I entitled overtime pay after 40 hours a week in Colorado?

My employer says they can’t pay overtime even
though I constantly work over 40 hours a week.
They say since they are a small business they
don’t qualify. Is there a minimum amount of
employees for them to qualify for the OT??

Asked on August 7, 2017 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are a VERY few business not required to pay overtime. To be exempt:
1) The business must have total sales (not profit; *sales*) of less than $500,000 per year; AND 
2) They must not do *anything* involving other states: not buy goods or parts or supplies or equipment from other states, not use an out-of-state consultant or contractor or employee, not mail any marketing materials out of state, not sell *anything* out of state, etc.--any cross-state activities or connection at all, and they are not exempt.
So only a purely local business making less than $500,000 might be exempt; otherwise, they have to pay overtime and if they have not, contact the federal Deparment of Labor--you may be owed up to two  years of back overtime.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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