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Do I qualify for overtime? How should I pursue getting my back wages if so? Is what my boss is doing legal?

Denver, CO |

I am employed at a salon that has 2 different locations under the same name in the city. I work fulltime but I work 4 days at one shop and 1 day at the other. Often times, stylists run over with their appointments and we get out of work 15-45 minutes late. I have looked at my paystubs and they clearly show that I work over time quite often. My boss does not pay me my overtime because he says it needs to be approved first but he also knows there is no way to tell if someone is running late etc. I also found out that even though the salon is the same name and owned by the same owners, they have 2 different banks for the 2 salons and run them under 2 separate companies therefore he is able to avoid paying overtime because of the fact I was not fulltime at either. I only filled out 1 w2.

By the way I am not a stylist I am a receptionist who gets paid hourly. And I did work over 40 hours a lot of the times but the time was separated between the 2 salons.

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Attorney answers 3


It may be complicated to determine what you are legally entitled to. Your best bet is to contact the Colorado Department of Labor and present all of your information to them. They will investigate and enforce the wage laws if they believe it is appropriate.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


Overtime really adds up, so it's something that is usually worth pursuing, especially because this is one of the more employee friendly parts of the law. (Obviously, our society relies on people getting paid for the work that they do.) But, overtime issues can be complicated, especially if you'd like to continue to be employed with this employer! Sitting down with an attorney who knows this area of the law can get you some answers. You'll be putting yourself in the best position by talking to an attorney and finding out what your options are. I suggest that you contact an attorney who practices employment law and talk about the specifics of your situation.

Notice: My answer to your question is general information. It does not create an attorney-client relationship and is not governed by confidentiality rules. This general information is not a substitute for sitting down and discussing your circumstances with an attorney.


Your case warrants a consultation with a qualified attorney. There are time limitations for overtime claims--usually the look back period is only 2 years--so the sooner you consult with an attorney the better. This is one of the most employee-friendly areas of the law. The DOL may be a good place to start, but their powers are limited so don't take their analysis as the final definitive word, and don't wait for their answer before consulting with an employment attorney.

This response is for general information purposes only, and does not create an attorney-client relationship. Please contact our office at 1-855-255-5413 to schedule a consultation.

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