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It's an employee entitled overtime if he's on salary?

Denver, CO |

An employee started working at this body shop 2 years ago and upon starting the job, agreed to the terms of only working 50 hours our less at a fixed salary with no overtime pay. Now claims he's entitled to anything
over 40 hours and claims he'll take a vehicle for exchange for compensation. There is no documentation or signed agreements on either side. The employee states that he'll take the vehicle or compensation, or he'll sue the owner of the company. Isn't that blackmail? Any advise please!

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Attorney answers 1


It depends on the type of work the employee was performing. Some types of positions can be exempted from overtime pay, but most types of jobs must pay overtime for more than 40 hours per week. You need to sit down with a labor attorney and determine what your exposure is. Further, you would not want to agree to any sort of settlement without having an attorney draw up a complete release.

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.



the only thing the employee does its paint vehicles. how do I find out types of positions exempt from overtime pay? Thank you for the rapid response, I greatly appreciate it.

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