7(k) Back Pay Information

Back Pay

On July 1, 2023, the practice of providing compensatory time rather than overtime changed.  As a result, in August 2023, Human Resources discovered that 7(k) employees had not received pay at their regular rate for all hours worked up to 171 hours in a 7(k) period.

To address this issue, all affected employees, including those who have since separated from DNR employment, will receive back pay for three years for the amount they were not paid for hours worked up to 171 hours during their 7(k) periods.  This three-year period includes August 2020 to mid-September 2023, which is three years back from the date HR determined there was an error.  The back pay amounts will also include PERA contributions and payroll taxes.  The rate of pay will be your rate of pay at the times your 7(k) periods occurred.

The calculation for the back pay is based on the number of hours each employee had populated on their timesheet for each 7(k) period between August 2020 thru mid-September 2023.  Every employee's back pay is different based on this calculation.  It is calculated for the total hours over 160.  Total Kronos Hours minus 160 minus OT Earned (hours over 171) minus any Furlough minus any On Call (since On Call is included in Total Kronos Hours).  If there was only Hours Worked in the 7(k) period any hours between 160 and 171 are paid at Straight Time.  When Leave was present in the period Straight Time was earned for additional Hours Worked up to the total of the Leave hours as well as any time between 160 and 171.

For example, If an employee had 8 holiday hours they would have needed to work 152 hours to bring their total hours up to 160.  If they worked more than a 152 hours, any time up to 171 hours is paid at Straight Time.

If you are Biweekly paid, you will receive this back pay payment on November 30, 2023; if you are Monthly paid, you will receive the payment on December 1, 2023. 

Moving Forward

To ensure accurate pay, DNR Payroll has corrected its processes.  Kronos will be updated to calculate the Straight Time automatically.  You will see the change in your Timesheet soon.  Monthly employees that are Park Manager II, Wildlife Manager I, and Criminal Investigator II will be paid for the Straight Time for the 7(k) period that ends Mid-October in November automatically by Kronos.  

Due to the timing of the change in the payroll system for Biweekly employees, the most recently ended 7(k) periods from 9/22 to 10/19/2023 for Park Manager I and II, and Wildlife Manager I, as well as the 9/24 to 10/21/2023 for Criminal Investigator II will be calculated and paid manually by DNR Payroll.  This payment is not part of the back pay and will be made on the November 17th paycheck.  After these 7(k) periods, Straight Time will be calculated and paid automatically by Kronos.

Wildlife Manager II and III, who are DWMs, DNR Payroll will continue to manually calculate Overtime and now Straight Time and pay the following month.

To answer any employee and supervisor questions about Kronos entry, DNR Payroll will provide training slides and videos specific to 7(k) employees that will be posted on the DNR Payroll Training Page. 

Please email DNR_payroll@state.co.us for any questions about your individual back pay.  Please email DNR_HR_compensation@state.co.us for any other questions.