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 info@Harkess-Salter.com. 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.