This country puts high premium on worker’s compensation, and it goes without saying that there is constant active effort to ensure that workers’ rights are safeguarded. In fact, just last May, there have been discussions on bills that ensure workers’ better accessibility to health care as well as workers’ just compensation.
Today, many immigrants are employed in low wage work and receive even less than the state declared minimum wage. On top of that, these people stand to have their claims denied when claiming worker’s compensation.
Colorado’s wage laws
Article XVIII, Section 15, of the Colorado Constitution requires that the Colorado minimum wage be adjusted every year, taking into account the inflation which is measured by the Consumer Price Index used for Colorado. Furthermore, effective starting January 1, 2015 until December 31, 2015, the minimum wage was set to $8.23 per hour, and $5.21 for tipped employees. This pegs the state minimum wage at a minimum of around $ 65 per day.
Moreover, Colorado overtime pay laws require that for every hour worked over 12 hours per day and 40 hours per week, the worker should be compensated with 1.5 times their regular hourly rate. This is applicable to both salaried and hourly employees. Additionally, this compensation for overtime work should not and cannot be paid as “comp time” or be paid as extra time off work for later weeks.
If you notice your employer violating any of these provisions, contact a Denver workers compensation attorney, it is important that you are informed of your rights.
Outside the box
Colorado wage laws may sound acceptable but the labor force not only consists of long-time residents but also of immigrants employed in Colorado. These employees may lack the bonds of an employee-employer relationship which means that they depend solely on their insurer for emergencies.
With the rising cost of living, the struggle for ample sustenance becomes harder, some people even take two or more jobs to make ends meet. Needless to say that it becomes harder and harder to set aside funds for a rainy day, which is why it is being pushed that Senate bill 976 garners more support. Senate bill 976 requires the insurer to compensate the insured employee for translator fees and transportation fees to the hospital. This is a provision strongly supported by Denver workers compensation attorneys and Denver disability lawyers alike.
Even “white collar” employees can be victims
Employees that are denied overtime pay should either be a) paid on salary or b) employed in an executive, administrative, or professional capacity. Generally, this exemption applies to only those who are in-charge of more than two additional employees, or run a distinct business unit such as that of lawyers, doctors, or teachers.
However, this stipulation is commonly mistaken for an exemption of the majority of “white collar” employees. It is vital that you are aware of your rights as an employee, and while this is tough to do without the aid of a professional, you can rest assured that a Denver workers compensation lawyer will be more than happy to help you out.
At Kaplan Morrell, we aim to help thousands or Colorado workers in your fight to claim what is rightfully yours. Call us today at (866) 356-9898 for a FREE CONSULTATION.