Looking for a Labor Lawyer...

[two shoes]

So a friend of mine gets fired yesterday. With a baby due tomorrow and Christmas this weekend. He worked for a chicken shit operation, in my eyes. About 1.5 years ago they put everyone on "salary" and payed them the equivalent of 45 hour work week. They were working 60 hours+ or there abouts ever since. I know Colorado is a "right to work" state, but damn, this isn't right. There is a whole list of issues with these guys and nepitism runs rampant.

I know my buddies work ethic in incredible. (maybe beter than mine)

If anyone knows of a good labor lawyer, please PM me. If anyone knows of a reputable company in the air handlers or air balancing industry, please let me know as well.

[ghettodub]

Sorry for your friend, but depending on the circumstances, that is gonna be a tough fight possibly. That's how salary works, and the fact that he got payed for about 45 hours is pretty good. There is a non-exempt salary status that some companies do, where you get a percentage of your normal wage as overtime, but that's not as common. So really, I guess it would depend on why he was fired.

I may know someone, and I'll check with her and if she's practicing right now, i'll post back

[two shoes]

thanks g-dub!

[68Charger]

there are a few rules about exempt employees that if an employer breaks them, it will make the case for the employee...

my father got a settlement from the Alyeska pipeline after they did, and they owed him back OT for years... so it happens.

[Zundfolge]

Just because you make an employee salary doesn't mean you don't still have to pay them overtime. There are only 5 groups of people that are exempt from overtime pay:

• Executives (Decision makers for the company)
• Professionals (Doctors, Lawyers, Etc)
• Administrators (middle level managers)
• Outside Sales
• Certain Agricultural jobs

And just giving someone a fancy title doesn't cut it either, its based on the actual work you do (so you can't title a janitor "Vice President of Sanitation" and think you're getting away with it).

Your friend should contact the local Department of Labor ... no need for a lawyer at this point (unless you're trying for the "wrongful termination" route ... which is difficult).

I have worked for two separate companies that were audited by the Department of Labor and each time I got a nice settlement check from the company once it was determined that I was not exempt from the requirement of overtime pay.

[AR_ART]

I'm no attorney, but I'm an exempt employee, and exempt means "exempt from labor laws"...

I know in my case it means, I don't get a 20 minute break for every 4 hours of work, I don't get an hour lunch for every 8 hours of work. Also for me, I'm "task" based. Theoretically, I don't get paid by the hour but by the task. Again, in theory if I task takes me 5 hours or 8 hours I get paid the same... Again in theory...

Colorado is a "right to work" state. As I was told by my current employer, that means in theory they can let you go at any time without cause just like you could leave without notice...

Given that, I think you'd have to prove that the firing violated some local for federal law...

[Zundfolge]

I don't think the OP's friend is going to get anywhere on the firing ... he's fired and that's that ... however he could get back payed for the unpaid OT.