I am a non salaried hourly employee in a customer service position. From advice of the Colorado Dept of Labor, I would qualify for overtime. According to the CDL description any time worked by a qualified individual during a work week. Work Week being Sunday to Saturday. In excess of 40 hour is due overtime pay.

When I was hired a year ago, I inquired about overtime and was told 'we don't do overtime here'

Recently I began to wonder about the OT issue. Called the CDL and was told yes I should receive it.

I asked my employer about it, and was told 'because our payroll ends on the 15th and the end of the month, we just don't qualify.'

I now know this to be wrong and have been tracking all of my hours from hire date. I am hesitant to push the issue for fear of losing my job.

I am currently seeking a position elsewhere, do you think that if I wait until I have relocated to make a claim with the state, I will no longer be eligible for the back pay?

I think you should stick by your guns and just go for what they owe you now. As you say, you are leaving anyway. Why should they get away with not paying your overtime? How many hours do they owe you ?

Turn them into the Labor board

Thank you for your reply.

Currently I have received straight pay for 75.5 hours of time over 40 hours.

I just don't want my work environment to be ugly before I leave. Also, I have an exemplary record and am afraid of retalliation when looking for the new job.
Hence the reason I was going to make the claim at resignation.

What do you think?

Keep the peace, leave when you have to and then turn them over to the labour board.