Hello,

I have some questions regarding overtime pay & breaks for the General Aviation industry. Working as a line service technician or customer service representative.

1. We often work over 12 hours in a shift. Under Colorado law, is an employer required to pay overtime for over 12 hours in one day? For example, if I work three 13 hour shifts, should I receive overtime pay for 3 hours? As it is - my 3 shifts total 39 hours, therefore regular pay. If I work two 18-hour shifts - should I receive overtime for 12 hours?

2. Lunch Breaks - we are not required to "clock-out" for lunch. We are supposed to eat on the job as we have time. There are days when there is no time to stop & eat so we'll end up working 10-12 hours without a break. What are the Colorado Labor Laws in this situation.

Thank you.

I will give you a definitive "I have no clue" answer.

The problem is the industry -- aviation. Some jobs for some carriers are covered by the Railway Labor Act. Those jobs include mechanics, but not customer service representatives. Those jobs are not required to be paid overtime under the RLA, as I understand it, and the RLA preempts state laws. See http://www.nmb.gov/representation/deter2002/29n074.html.

I cannot tell if your company falls under the RLA or not, since I have no idea what you mean by "general aviation." Even if it does fall under RLA, I have no idea what a line service technician is and whether that job is covered by the RLA.

If RLA applies, no overtime is required.

If RLA does not apply, then Colorado rules for overtime do and you must be paid overtime for more than 12 hours worked in a work day. Legitimate, unpaid lunch breaks, if taken, don't count towards overtime, so if you were on site for 13 hours and got to take an uninterrupted meal break of 30 minutes (not required for your industry in Colorado), there is only 30 minutes of overtime for that work day.

The employer is an FBO (Fixed Base Operator) - this is the facility that handles private jets. Line Service Technicians fuel and service private jets. Customer Service Representatives are similar to gas station attendants - standing at a counter, working on a computer, ringing up fuel sales. All private aircraft - not airlines. Does that help?

I'm honestly not terribly interested in reading through this whole thing (sorry), but here is the Act.
http://www.nmb.gov/documents/rla.html

The employer is an FBO (Fixed Base Operator) - this is the facility that handles private jets. Line Service Technicians fuel and service private jets. Customer Service Representatives are similar to gas station attendants - standing at a counter, working on a computer, ringing up fuel sales. All private aircraft - not airlines. Does that help?

Yep.

I (and this is only my opinion) no longer consider RLA to be a possibility. Even if it were, as stated above, a CSR is not covered by that Act. I don't see a line service technician being covered either. Certainly not for refueling or stocking beverages and food. Maybe if some maintenance was involved.

Accordingly, the Colorado wage laws should apply. Overtime for hours WORKED more than 12 in a day. Still, no requirement that the company provide you with breaks or lunches.

If you are not being paid properly, ask your HR and/or payroll folks about why. Failing to get a satisfactory answer, file a wage complaint with the Colorado Division of Labor (http://www.coworkforce.com/LAB/WelcomeSheet.pdf).

Interesting to note, they only mediate claims. They cannot require an employer to cough up the cash. So, if the employer simply refuses to do what is right, you will have to take the employer to court. While you may not need a lawyer if the amount could go to small claims, I suggest contacting one to review your claim (hopefully without cost to you for the consultation).

I'm honestly not terribly interested in reading through this whole thing (sorry), but here is the Act.
http://www.nmb.gov/documents/rla.html

I don't care to read through it all, either, but applying the RLA to the OP is like applying the exemption for interstate transport to a gas station attendant that fueled a semi headed out of state.

Colorado law provides for a 10 minute rest period for every 4 hours worked and a 30 minute meal break after 5 hours.

Colorado law provides for a 10 minute rest period for every 4 hours worked and a 30 minute meal break after 5 hours.

I did not check Colorado's web sites, but the Federal DOL says the 30 minute meal break only applies to seven industries. The Feds have been known to be behind the times, though.

Colorado: Employers are required to give a meal period of 30 min. if an employee works in excess of 5 hours. If the nature of the job doesn't allow for an uninterrupted meal period, the employee must be permitted to consume an "on duty" meal while performing duties. Such a meal period must be paid time. Also, every employer is required to provide a rest period in the middle of each four-hour work period -- moreover, a compensated 10 min. period for every 4 hrs. worked is permitted for all employees. Applies to public & private employers with various exceptions incl. elected officials & their staffs.
Note: Covers only the following four industries: retail and service, commercial support service, food and beverage, and health and medical. Administrative, executive/supervisor, professional, and outside sales employees are exempt.

add info: Federal law does not require meal or break periods.