Overtime pay after 44 hours?

UPDATED: Oct 1, 2022

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Overtime pay after 44 hours?

I work at a recreational marijuana dispensary. My employer starts overtime pay at 44 hours a week or 88 a pay period. They say that is legal but I cannot find any documentation saying so. Is this something I should bring to the attention of the company, the Labor Board or are they in the right?

Asked on February 1, 2019 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not legal: under federal law, you get overtime after 40 hours of work, not 44--if you go to the federal Dept. of Labor (DOL) website and look up "overtime," you will find discussion of this. If you have 4 hours of unpaid lunch when you are not working during a week, the employer would be acting legally, because only work time counts--but again, once you work 40 hours, time past that is overtime. If you are not being paid overtime when you should be, contact the state or federal department(s) of labor about filing a complaint.

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