On August 1, 2025, three long-term banquet servers raised a wage-and-hour lawsuit against Aurora Convention Center Hotel Lessee LLC, a member of Marriott Hotel Services LLC doing business as Gaylord Rockies Resort & Convention Center ("Gaylord"), after Gaylord refused to provide hundreds of banquet servers with their required rest breaks, leading to unpaid overtime. As detailed in their complaint, Kimeka Williamson, Rowean Brennan, and Ivan Williamson stated that Gaylord violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., and several Colorado wage-and-hour laws.
The three plaintiffs started working as banquet servers in January 2019, and since that time they worked 41 to 70 hours per week without receiving overtime. When the plaintiffs confronted Gaylord's Director of Event Operations in July 2021 regarding overtime payment, they were told that banquet servers would not get overtime payment because more than half of their pay was gratuity.
Additionally, the banquet servers alleged that they were denied paid and uninterrupted 10-minute rest breaks and were not compensated for the work that they continued to complete during that time. Though Gaylord began to give breaks in December 2024, they were still not compensated for breaks they had been prohibited from taking in the past.
After this incident, the three plaintiffs proceeded with a banquet server class action for employees who worked at Gaylord in Colorado from July 2019 through December 2024, and a collective of a banquet servers who worked for the hotel in the state from July 2022 through November 2023.
What do Colorado wage-and-hour laws require for overtime pay and rest breaks?
Colorado has several applicable wage-and-hour statutes, including the Colorado Wage Act, C.R.S. § 8-4-101, et seq., and the Healthy Families and Workplaces Act, C.R.S. § 8-13.3-401, et seq. Additionally, there are Colorado Minimum Wage Orders and Colorado Overtime and Minimum Pay Standards Orders that dictate employees' rights on the state level.
Regarding overtime pay, non-exempt employees must be paid time-and-a-half (1.5x) their regular rate for any hours of work over 40 in a work week, or over 12 hours in a workday, or over 12 consecutive hours. Employers are not allowed to offer compensatory time instead of overtime pay. Certain classes of people, such as commissioned salespeople, ski-industry employees, hospital or nursing home staff, interstate transport workers, executives, and administrative or professional employees meeting salary and duties thresholds, may be exempt from these rules.
For the rest break requirements, employers must provide paid 10-minute rest breaks for every 4 hours worked. For example, for 2 to 6 hours worked, 1 rest break is required; for 6 to 10 hours worked, 2 rest breaks are required; and for 10 to 14 hours worked, 3 rest breaks are required. If a rest break is not provided, employers must compensate the employee for the missed time. In some situations, a 10-minute break may be split into two 5-minute breaks if both parties agree.
How does the Fair Labor Standards Act apply to these claims?
The FSLA accommodates wage-and-hour claims by stating that covered, non-exempt employees must receive overtime pay for hours worked over 40 per workweek at a rate no less than 1.5 times the regular rate of pay. However, overtime pay is not required for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
The FSLA allows the Department of Labor or an employee to recover all back wages and an equal amount in liquidated damages where minimum wage and overtime violations exist. These remedies are usually recovered through administrative procedures, litigation, or criminal prosecution. A very common remedy for wage violations is an order requiring the employer to compensate the difference between what the employee was paid and the amount he or she should have been paid.
The FSLA provides several avenues for recovering unpaid minimum and/or overtime wages:
- The Secretary of Labor may bring suit for back wages and an equal amount in liquidated damages.
- An employee can file a private suit for back pay/liquidated damages.
- The Secretary of Labor may obtain an injunction to restrain any person from further violating the FSLA.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
