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I'm a caregiver and my employer has not paid me for over 300 hours of work, including overtime. My employer says once they get paid from the state for my client's home care then I will receive back pay but there is no time frame for when that will be. I stopped getting paid on January 31, 2024 but continue to work everyday totaling 67 hours per week. Is this legal?

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  • Are you an employee or a contractor (do you get a W2 or a 1099 at the end of the year)?
    – Justin Cave
    Commented Mar 12 at 18:11
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    This will probably be closed here as a request for specific legal advice. It would be on topic on Workplace.
    – Justin Cave
    Commented Mar 12 at 18:47
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    Sorry, we can't give legal advice here. Try Colorado legal Services coloradolegalservices.org/node/327/… or Google for a labor lawyer in your area that gives free initial consultations.
    – BlueDogRanch
    Commented Mar 12 at 19:13
  • Geez people, they are NOT asking for legal advice, they are asking what the law says about CO employers not paying employees! On that note, it is legal for you you to work for free, but it may be illegal for an employer to withhold wages. I would recommend you edit accordingly.
    – Michael Hall
    Commented Mar 12 at 20:59
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    It is hard to make out who is who. Are the employer and the client the same person? Was there an agreement to be paid for the services at some hourly rate? What does it say about when payment is due? What is the relationship between you and the employer? Employee? Contractor? It isn't really clear what is happening.
    – ohwilleke
    Commented Mar 12 at 21:58

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You are asking the slightly wrong question. As I understand the law in CO, USA:

  • Is it legal to work without being paid?
    Usually yes. Nobody forces you to accept a wage.
  • Is it legal not to pay contractually agreed wages?
    Usually no. Contracts are binding unless special circumstances allow one or both sides to get out. That would usually cause civil lawsuits.
  • Is it legal to work 67 hours a week?
    Usually yes. CO has no maximum worktime.
  • Should there be overtime payment for work in excess of 40 hours per week?
    Usually yes. Federal legislation applies.

And all those 'usually' mean you have to tell the specific details of your case to a lawyer, not random guys on the web.

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  • No, worktime limits exist, such a in Germany 40 hours.
    – Trish
    Commented Mar 13 at 10:23
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    @Trish, I did read CO as Colorado.
    – o.m.
    Commented Mar 13 at 11:04
  • The answer then would be a qualified it depends on local labor law, not a usually yes. Colorado says irs OK, but not all countries do.
    – Trish
    Commented Mar 13 at 11:09
  • @trish, i read "usually" to qualify the answer, meaning it depends on local labor laws.
    – Michael Hall
    Commented Mar 13 at 14:47
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    @MichaelHall, usually was supposed to mean depending on circumstances, which we do not know (and should not know, for privacy). The employer may or may not have filed bankruptcy. The contract may or may not mention overtime.
    – o.m.
    Commented Mar 13 at 16:31

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