employment lawyerColorado workers are guaranteed a minimum wage by both federal and state law. The current federal minimum is $7.25 an hour, but states can set a higher minimum, which Colorado has chosen to do. As of 2018, the minimum wage in Colorado is $10.20. If you are a tipped employee, you cannot make less than $7.18.

The minimum wage applies regardless of whether you are an hourly or a salaried employee. Although a few professions are exempted from the minimum, most aren’t. Read on for more information about what to do if your employer is paying you a subminimum wage.

Confirm You Are Not Making the Minimum Wage

If you are salaried, it might be a little unclear what you are being paid each hour. To find your hourly rate, divide your salary by the number of hours that you worked. For example, if your weekly salary is $350 but you worked 40 hours, then your hourly wage is only $9.00, which is below the state’s minimum.

Check if You Are Exempted

Many different professions are exempted from the minimum wage law:

● Executives or supervisors
● Administrative
● Professional
● Domestic employees
● Casual babysitters
● Outside sales
● Interstate drivers
● Property managers
● Taxi drivers
● Interns
● Prisoners
● Volunteers
● Elected officials
● Loaders, mechanics, driver helpers

Also, the state allows unemancipated minors under age 18 to be paid $8.67 per hour. Disabled employees may also be paid $8.67 an hour with a certification by the Director of the Colorado Department of Labor Employment (DLE).

If you have a question about whether you fall into an exemption, you can contact the DLE and check.

File a Complaint

If your employer is not paying you the minimum wage, you can file a complaint with the DLE by visiting their website. You should also send to your employer a “Demand for Payment of Wages” form and keep a copy for yourself. Your employer will be notified of the complaint and must file a response with the Division of Labor Standards and Statistics.

You have two years from the date of the alleged violation to file your complaint. If the violation was willful, then you will have three years. It is best not to delay once you realize you are not being paid the minimum wage.

Speak to a Colorado Employment Attorney

Wage theft is a serious problem in Colorado, and hard-working employees deserve to be paid the wages required under the law. If you believe that your employer is cheating you out of a minimum wage, then you should speak to an experienced Colorado wage and hour attorney as soon as possible.

At the Olson Law Firm, we are dedicated to getting our clients the compensation that they have worked hard to earn. By calling us, you are tapping our years of experience in this area of law. As part of our representation, we can bring a lawsuit for unpaid wages against your employer.

To find out more about your legal rights, please speak to us today. You can call 720-307-4732 or contact us online.

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