I have worked many OT hours in the last 6 months, when I asked about OT pay, I was told "No, we can’t afford it." About a month ago, my boss made all employees sign a document stating that they cannot pay overtime right now. I have a copy of it. What can I do?
I also have another question. I teach at a post-secondary school (cosmetology school), and a disgruntled student accused me of asking her to purchase drugs for me. The owner of the school, based on this accusation, asked me to take a drug test to "prove" that I didn’t ask this student to purchase drugs for me. I reluctantly agreed and passed as I DO NOT do drugs. Is this even legal? My employee handbook has NOTHING about drug testing.
Robert A. StumpfBankruptcy AttorneyStaten Island, NY ·
This company sounds ridiculous. I don't know what makes less sense-- drug testing employees to prove someone didn't SELL drugs, or providing evidence to potentially disgruntled employees that that the company is in possible violation of federal/state wage laws. Since you agreed to the drug test, I don't know if you can do much about that, but I would contact either an attorney or the State's Dept of Labor for more information on what is permitted.
An employer cannot avoid paying overtime on the basis of ability to pay. You should contact a employment lawyer to pursue this claim for you, and possibly for your co-workers. Feel free to call me at 303 232-5151 for a free consultation.
The drug test does seem ridiculous, but since you consented, there is really nothing to be done about it.
Great advice by my colleague, Mr. Lipstein. I would take him up on his offer to call him. Employers must pay overtime unless it is part of your contract that you are required to work overtime for no extra compensation. This is a matter that could be reported to the CO Department of Labor. However, I would seek the advice of my learned colleague first on this one. He is the expert in this field and I defer to his expertise.
Regarding the overtime question -- employers can limit overtime and can prohibit it and/or require advance written approval in order for an employee to properly work (and thus be compensated). However, if what you are saying is that your employer is requiring you to work overtime but telling you that compensation will not be provided, that violates both state and federal laws and you are encouraged to contact the Department of Labor to discuss it further.
Drug testing can be dicey and employers who are going to impose drug testing obligations are wise to cover these requirements in an employee handbook or policy document. That your passing a drug test, by the way does not 'prove' that you didn't ask the student to buy her drugs, so that is a bit curious. To the extent that you have a claim it would reside in a breach of privacy cause of action -- since no further adverse action resulted (you passed the test). It is unclear what you wish to achieve by contesting this further, but next steps could be complex.
This response does not constitute the dispensing of legal advice or counsel and does not create an attorney client relationship or privilege.
Douglas A ThomasLawsuit / Dispute AttorneyCentennial, CO ·
As a general rule, your employer would be violating overtime laws. There are certain exceptions and it's difficult to tell from your statement whether those exceptions apply. Most likely your employer is simply violating the law. The Colorado Department of Labor has a great website which outlines the exceptions and has forms for requesting the employer pay you overtime. Drug testing can be done only one three conditions 1) post offer, pre employment 2) reasonable suspicion; 3) post accident. Certain industries can do additional testing. Whether an "accusation" rises to the level of "reasonable suspicion" will depend on an number of factors and is too complicated to discuss here. In addition, Boulder has its own special drug testing laws and I see you live close by and may work there. You may or may not want to consult with an attorney, depends on where you are headed with all of this.
