Colorado Overtime Laws and Flood Clean-up Workers -

Colorado Overtime Laws and Flood Clean-up Workers

The flooding earlier this month in Boulder, Colorado has been referred to as “biblical” and “apocalyptic.” The area around Boulder received nearly an entire year’s rainfall in just 4 days, causing major damage to roads, highways, businesses and homes. The massive cleanup and reconstruction effort has now begun and the companies who provide these services are in a rush to hire workers. While these cleanup and construction jobs are eagerly taken by many workers, they need to be aware of their rights under federal and Colorado overtime laws to receive proper pay for the many overtime hours they are likely to work.

In the wake of other weather-related disasters that required massive cleanup, remediation and reconstruction efforts, many construction companies and landscapers have hired large numbers of subcontractors to help with all the work. They then classify these subcontractors as “independent contractors” thinking that this relieves them from having to provide overtime pay for hours worked over 40 per week. It is no secret that the misclassification of employees as independent contractors is an alarming trend, particularly in the construction business. This scenario plays out over and over in areas hit by natural disasters and inevitably leads to claims being brought due to the misclassification of workers and to recover unpaid overtime wages, penalties and attorneys’ fees.

The following are some scenarios that disaster clean-up and remediation workers should watch out for:

  • Being paid hourly and straight time, instead of time and a half, for overtime
  • Being paid a set day-rate and no overtime, even though working over 40 hours per week
  • Being paid a “salary” and no overtime, even though doing manual labor
  • IT and technical support workers who are not computer programmers being paid hourly straight time for all hours worked over 40 per week

Because of the strict time limits imposed by both Colorado overtime laws and Federal law, procrastination can be costly. If you have any doubts as to your entitlement to overtime, contact the overtime pay experts at The Lore Law Firm for a free and confidential review. Call 1-866-559-0400, email or submit your information using our convenient Case Evaluation form for a FREE and CONFIDENTIAL review of your circumstances, because time is money.

Fill out our quick case evaluation form for a free and confidential review of your situation.