Lawsuit: Colorado Seminary Denies Daycare Workers Proper OT Wages

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Three former and/or current employees of Colorado Seminary (which is also known as the University of Denver) have filed suit against the school over claims that it failed to pay them proper overtime wages. The plaintiffs say they worked at Fisher Early Learning Center (FELC), a daycare operated by the defendant, for more than 40 hours per week but were improperly classified as exempt from overtime pay.

The complaint notes that on November 23, 2016, the plaintiffs received notice that they were “deemed non-exempt by the Department of Labor because [FELC] is licensed by the Department of Health and Human Services rather than the Department of Education.” After admitting its misclassification of employees, the lawsuit says the defendant requested that the plaintiffs submit a record of their overtime hours worked between June 2014 and November 2016. Though the plaintiffs notified their employer that they had worked 1,718, 1,850, and 1,450 overtime hours, respectively, the defendant paid them “an arbitrary, reduced amount” for this work time, according to the complaint.

Citing alleged violations of the Fair Labor Standards Act, the suit argues that the plaintiffs and similarly situated employees are still owed proper time-and-a-half overtime wages for all the weekly hours they worked above 40.