fair labor standards act
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Federal judge advances lawsuit seeking overtime compensation for Aurora firefighter trainees
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A federal judge gave preliminary approval earlier this month to a class of Aurora firefighter trainees who may sue the city over allegations that they were denied overtime pay in violation of federal law. Joseph Elias, who attended Aurora’s fire academy between July-August 2023, filed suit last year alleging the city is violating the Fair…
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Federal judge declines to dismiss strike-breaking nurses’ lawsuit over wage violations
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A federal judge last week declined to dismiss 39 nursing employees’ claims for compensation against a Greenwood Village-based company for its alleged violations of state and federal law. U.S. Nursing Corporation employs health care professionals to cross the picket lines during strikes. During a three-day strike in October 2023 at Kaiser Permanente facilities, USN sent…
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Colorado Supreme Court rules Amazon must include ‘holiday incentive pay’ in overtime calculations
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The Colorado Supreme Court ruled on Monday that Amazon’s incentive payments to employees for work performed on holidays must be part of overtime pay calculations under the state’s wage regulations. The decision is a victory for Dan Hamilton, an Amazon worker who filed a class action lawsuit alleging the company improperly excluded holiday incentive pay…
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Colorado Supreme Court to analyze how wage law applies to Amazon holiday pay
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The Colorado Supreme Court recently announced it will decide whether Amazon is complying with the state’s wage law by excluding shifts worked on holidays when calculating employees’ overtime pay. At least three of the court’s seven members must agree to hear an appeal. The case addressing overtime pay came to the Supreme Court through an…
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10th Circuit reverses jury’s $39,000 overtime award due to faulty instruction
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The federal appeals court based in Denver overturned a jury’s award of $39,000 to an oilfield worker on Monday because the trial judge instructed jurors to reach their verdict based on a regulation that was irrelevant to the case. Mark Wilson sued his employer, Schlumberger Technology Corp., alleging the company deliberately failed to pay him…
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Federal judge advances class action lawsuit against DaVita for alleged wage violations
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A federal judge has permitted a class action lawsuit against Denver-based DaVita, Inc. to proceed, with allegations the kidney care company failed to compensate nurses and technicians for meal breaks as the law requires. Last week, U.S. District Court Judge Nina Y. Wang gave her preliminary approval to a class of DaVita workers who will…
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Amazon not required to factor holiday ‘incentive pay’ into overtime calculation, federal judge rules
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Amazon is not violating Colorado law by failing to include a specific category of employee labor – working on holidays for time-and-a-half pay – into its calculation of overtime, a federal judge ruled earlier this month. U.S. District Court Chief Judge Philip A. Brimmer dismissed a proposed class action lawsuit against the retail giant, brought by an…
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Colorado labor leader rips overtime bill, while Tipton praises more worker flexibility
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A House bill that would allow employers to compensate workers with paid time off instead of wages for overtime is fielding conflicting opinions from Colorado lawmakers and labor leaders. On a party line vote earlier this month, the House passed the legislation, H.R. 1180, that would alter language in the Fair Labor Standards Act, allowing employees to opt…