Compensation For Every Minute You Work
Wage and hour laws are the essential rules that protect every employee’s right to fair compensation. Employers must pay employees for every minute of work, including minimum wage and overtime pay. If you believe your employer underpaid you, Baber Law can help.
Both the federal Fair Labor Standards Act (FLSA) and Connecticut Labor Statutes: Title 31 Chapter 558 §31-58 require employers to compensate their employees fairly. If your employer hasn’t paid you the wages they owe, our Connecticut wage and hour lawyer can seek compensation on your behalf.
The Overtime Trap: Misclassification
Misclassification is the most common tactic employers use to avoid paying overtime. They sometimes misclassify an employee as “exempt,” assuming they aren’t entitled to overtime due to the nature of their job.
- Who is Exempt? There are few narrowly defined exemptions. Typically, exempt positions fit into three salary-based categories: Executive, Administrative, and Professional positions (such as doctors).
- The Employer’s Mistake: Many employers incorrectly assume that simply placing any employee on a salary automatically makes them exempt. They may then fail to maintain time records and disregard the requirement to pay time and a half for work over 40 hours in a workweek.
The Connecticut A-B-C Test: Connecticut often uses a strict A-B-C test to determine if a worker is an independent contractor (a form of misclassification). Under this test, a worker is presumed to be an employee unless the employer can prove they meet all three of these conditions:
- A: The worker is free from control or direction in performing the service.
- B: The worker performs work outside the employer’s usual course of business.
- C: The worker engages in an independently established trade or profession.
If your employer misclassifies you as exempt or otherwise fails to pay wages for all hours you work, you may have a legal right to bring an action for unpaid wages.
Understanding Your Right to Overtime
Connecticut law generally requires employers to pay non-exempt employees overtime at a rate of one and a half times their regular pay rate. This guideline applies when an employee works more than 40 hours in a workweek.
- Approval Is Not Required: Unless you are exempt, you are entitled to overtime pay even if your employer did not approve it. If you worked over 40 hours, even if you weren’t scheduled to, you’re entitled to overtime pay. Employers can’t get away with asking you to stay late or come in early without documenting that additional time.
Severe Penalties for Employers
Federal and state laws protect an employee’s right to collect unpaid wages. The Connecticut Supreme Court has upheld this right. They have also supported employer penalties as a deterrent.
- Double Damages: When an employer fails to pay the appropriate wages and overtime, a court may order that they pay double the amount due (liquidated damages).
- Additional Costs: Employers may owe interest on the unpaid amount from the date the wages were due. They may also owe reasonable lawyer’s fees and court costs.
- Personal and Criminal Liability: A court may hold an individual personally liable for the judgment amount if they made the decision to pay improper wages. In severe instances of misclassification, the court may prosecute the case as a Class D felony. Civil penalties for misclassification can be as high as $300 per day per violation.
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Timing is Critical
Take immediate action now if you suspect your employer isn’t paying you what they owe.
- Statute of Limitations: In most instances, an aggrieved Connecticut employee may only reach back two years for unpaid wages. This look-back period becomes a factor on the date an employee files a complaint in Superior Court or with the Connecticut Department of Labor.
- Protecting Your Claim: If you delay taking action, you may lose access to the documentation you need to prove your case. If an employer relies on poor record-keeping, a Baber Law can help you prove the actual number of hours you worked. We can help ensure you receive credit for every hour.
Connecticut Wage & Hour Lawyer
If you believe your employer isn’t compensating you fairly, contact Baber Law for a free consultation. Our wage and hour lawyer can investigate your situation and work to recover the money you deserve.
- Call Us: 855-285-3425
- Schedule A Consultation: On this page or Visit Our Contact Page
