Salary with Overtime

[kgower]

Jurisdiction

Colorado

I recently accepted a new position with my employer and unbeknownst to me it was a Salary position. Even my offer letter says hourly. I fought back and HR refuses to change me back to hourly. The problem comes in that I hold a separate secondary position that is PRN and over and above my regular 40 hours. After fighting for a month they have finally approved me to work both positions, but I am being told I will only be paid at the regular hourly wage and not time and a half. Can they do this? This is a large corporation/hospital in Colorado so fighting them has been difficult already but I am not sure this is legal.

 

[zddoodah]

Is your gross pay equal to or greater than Colorado's minimum wage (apparently $12.56 per hour), including 1.5 that rate for any hours worked in excess of 12 per day or 40 per week?

 

[cbg]

And what are the job duties of your primary position?

 

[kgower]

Primary job pay around 55k yearly I am project coordinator. My secondary position I am a unit clerk for an inpatient unit.

 

[cbg]

I didn't ask for your title. I asked for your duties. A "project coordinator" tells me nothing as not every employer titles their positions the same way.

 

[kgower]

I do all the marketing and admin for our support groups basically.

 

[cbg]

That sounds very much as if it could legally qualify as an exempt position.

 

[kgower]

How can they allow someone to work over they're hours get paid for them but not at an overtime rate

 

[cbg]

Because an employee who meets the definition of exempt is not paid on the basis of how many hours they work. That's what an exempt employee is exempt FROM - overtime.