Wage & Hour Violations

The Facts About Overtime, Wage and Hour Violations

If You’ve Been Shortchanged by an Employer, the Right Connecticut Overtime, Wage and Hour Violation Attorney Can Help

Most employers treat their workers fairly. When they work overtime, they are compensated accordingly. When they need a break, they are given one, in accordance with the law.

However, some employers violate these laws, leaving their workers underpaid and overworked.

Fortunately, federal and Connecticut state law protects victims of this kind of discrimination. Let’s take a closer look at how overtime, wage and hour violation litigation works.

The Fair Labor Standards Act

Federal law sets down certain protections for workers that employers are required to follow. The Fair Labor Standards Act (FLSA) contains provisions concerning overtime pay, child labor, minimum wage and financial recordkeeping practices.

According to the FLSA, workers must be paid a rate that is at least 1.5 times higher than their standard pay if their hours exceed 40 in a week. This rate only applies to the hours that are worked over 40.

There are some exemptions to FLSA law. These include administrative, professional, and executive employees; any workers covered by collective bargaining agreements; government or public sector employees; freelancers or independent contractors; farmworkers and seasonal amusement or recreational workers.

Should an employer violate these laws, they can be fined or penalized by the Department of Labor for failing to remain in compliance. Employees may also sue to recover overtime wages that were not paid, back wages that were not paid or minimum wage violations. Litigation must be filed before the statute of limitations expires, something which generally occurs within two years of the actual wage violation.

State Overtime, Wage and Hour Protections

In addition to federal protections, workers are also covered by state laws in certain jurisdictions. Connecticut passed new minimum wage laws in 2019, and local employers are required to adhere to these laws.

Connecticut also has its own regulations governing overtime, wage and hour regulations. While these are largely aligned with federal regulations, there are a few enhancements.

Let’s take a closer look at Connecticut statutes governing overtime, wages, recordkeeping and breaks.

Overtime Pay in Connecticut

Each employer shall pay 1-1/2 times the employee’s regular rate of pay after 40 hours in the workweek. Overtime pay is due for actual hours worked over 40.

• No requirement to pay overtime on a daily basis, weekends, or holidays except by agreement.
• There are some specific exceptions to overtime pay. For example:

▪ agricultural employees.

▪ executive, administrative, professional employees as defined by the Labor Commissioner.

▪ any salesman primarily engaged in selling automobiles.

▪ any driver or helper where the U.S. Secretary of Transportation has the power to establish qualifications and minimum hours of service.

▪ any outside salesperson as defined by the Fair Labor Standards Act. 

Record-keeping in Connecticut

Each employer shall keep at the place of employment for a period of three years a true and accurate time and wage record for each employee. The records shall also show the following:

1. name
2. home address.
3. occupation
4. total daily and weekly hours worked showing the beginning and ending time of each work period, computed to the nearest unit of 15 minutes.
5. total hourly, daily, or weekly basic wage.
6. overtime wage as a separate item.
7. addition and deductions from wages each pay period.
8. total wages paid each pay period.
9. working certificates for 16-18 year old employees.

Connecticut Wage Payment Requirements.

• Weekly Pay Requirement.
• Each employer shall pay weekly all moneys due each employee on a regular payday, designated in advance by the employer in cash or negotiable check or upon the employee’s written request, by credit to such employee’s bank account.
  
• Payment on Termination.
• The employer shall pay an employee who voluntarily terminates or is laid off on the next regular payday. If an employee is discharged all wages are due the next business day.
  
• Withholding of Wages.
  No employer may withhold or divert any portion of an employee’s wages unless required or empowered by state or federal law, the employer has written authorization from the employee on a form approved by the Labor Commissioner, or for a medical premium or retirement plan.
  
• Employer to Furnish Certain Information.
  Each employer shall advise his employees in writing, at the time of hiring, the rate of remuneration hours of employment and wage payment schedules and make available to his employees either in writing or through a posted notice, any employment practices and policies or change therein with regard to wages, vacation pay, sick leave, health and welfare benefits and comparable matters.
  
• Waiver of Weekly Pay Requirement.
  The Labor Commissioner may, upon application, permit the employer to establish pay days less frequently than weekly.

Connecticut Break Laws

No person shall be required to work for seven and one-half or more consecutive hours without a period of at least thirty consecutive minutes for a meal. Such period shall be given at some time after the first two hours of work and before the last two hours.

If employers violate any of these statutes, an attorney can help ensure that you receive fair compensation.

At Brickley Law, we have the experience necessary to handle even the most complex overtime, wage and hour and employment law cases. Please contact us for a consultation if you need help.

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