overtime pay

[ms2k]

I live in Colorado, and recently left a job I held for about 4.5 months. I worked on an annual salary, and my job involved an extensive amount of evening and weekend work. Though there was no mention as to overtime compensation in my "Employment Agreement", there was a verbal company policy for it. My work was contracted out to clients of my employer. Specific hourly surchanges were added to the chargable rate to these clients if an employee worked on evenings or weekends, and these surchases were regularly added on to our paychecks on a monthly basis.
However, once I gave my 2 weeks notice that I would be resigning, I received no further overtime pay. The outstanding amount is approx. $800.
My demand for this payment was met with the response that it is only paid on a descretionary basis by the employer without any obligation of payment, even though all employees were receiving it during my tenure there.
I subsequently filed a claim with the state Labor Dept., but was told that since I was paid on salary, the employer has not violated any state law by not paying me.
I'm now considering taking this matter to Small Claims Court, hoping to prove that since I was regularly compensated on this basis, then a "precedent" of compensation had been set, and therefore I should be owed all outstanding non-payments. However, not being an attorney, I don't have a good understanding of what my reasonable chances of a favorable judgement and collection would be. If my chances are high, I'm willing to invest the time and effort, but if I'm looking at a longshot, I'm ready to put the matter to rest. Does anyone have a professional opinion to offer to help guide me with my decision here in the state of Colorado?
Thanks very much.

 

[loku]

Overtime pay policy

It is very difficult to estimate your chances of winning this. Although the employer told you that overtime is only paid on a discretionary basis by the employer without any obligation of payment, that was after the fact. If the employer had previously communicated to the employees that the pay was discretionary, then you probably have no case. However, if the employer did not communicate that the pay was discretionary, and a reasonable employee would have believed it was a set company policy, then you could argue that such pay had become a part of the employment contract.