Legal Question in Employment Law in Colorado
If you work overtime and are on a salary are you entitled to time and a half? My husband is in the construction business as a Project Manager and was promised that if he went on salary he would not get laid off. (Although this was verbal and nothing is in writing.) He accepted this and has put in 60-70 hours a week with no overtime and is now facing a lay-off for the 2nd year in a row. What is the Colorado law regarding this?
1 Answer from Attorneys
An �exempt� employee does not get overtime. I assume that is what they categorized him as during this move to salary. Whether this category is accurate or not would require more facts.
As to this promise, that may create some issues. If they agreed to not lay him off and actually did so then that may be a breach of this agreement. These types of agreements don�t have to be in writing. Naturally, the problem is that it becomes one person�s word against another.
Your husband needs to speak with an attorney as soon as possible as to the classification and this possible agreement.
DISCLAIMER�This answer is for informational purposes only and is not legal advice regarding your question. This answer does not establish an attorney-client relationship.
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