Both the federal and state government have enacted laws aimed at ensuring that employees are treated appropriately by employers with respect to how much and how often employees are paid for their work.
At the federal level, many employees are protected by the Fair Labor Standards Act (“FLSA”). Connecticut law, however, provides benefits and protections to employees that go beyond those provided in the FLSA.
Connecticut law generally requires employers to pay a minimum wage of $10.10 per hour worked. (This is much higher than the federal minimum wage and among the highest in the nation.)
Food service employees are covered by different, lower minimum wages ($6.38 for waitstaff and $8.23 for bartenders) provided that, with tipping, the hourly rate meets the $10.10 minimum. (This is referred to a “tip credit” for employers.)
To the extent a work week exceeds 40 hours, employers generally must pay 1½ times the regular rate. This usually does not apply to holidays or weekends.
Am I entitled to minimum wage?
Certain types of employees are not covered by the overtime pay rule. This includes administrative, professional and executive employees, agricultural employees and certain sales people.
An employee’s “Exempt Status” for purposes of Connecticut Wage and Hour Laws depends upon the employee’s duties and salary. For example, the state considers the following (among others) to be “non-exempt duties” – driving a vehicle; operating machinery; bookkeeping; repairing equipment; and telemarketing.
On the other hand, “exempt duties” are those in which the employee uses “discretion and judgment on a regular basis.” This includes airline employees and railroad workers. Connecticut gives the following examples of “exempt duties”: hiring and firing employees, performing employee reviews, and scheduling employees.
Employees are also exempt when they receive a flat salary per pay period, rather than an amount determined by the number of hours worked. That is, the employee receives the salary when any work is performed during the pay period.
When must my employer pay me?
Connecticut law requires employers to page wages weekly (although employers can seek permission to pay less frequently than every week and many do so). Further, when there has been a termination, wages must generally be paid on the next regular payday.
Connecticut law also provides minimum break and meal time for most employees, and annual sick leave for certain service workers and employers with more than 50 employees.
How are wage rules enforced? What do I do if I have a claim?
The Connecticut Department of Labor enforces the above rules and allows employees to pursue claims either on their own or through counsel. In many circumstances, the employee’s attorneys fees may also be recovered.
The CT DOL’s Wage and Workplace Standards Division handles these disputes. Employees should act promptly to pursue wage and hour claims since claims must be brought no later than two years after the wages were allegedly due.
This content is provided as background and does not constitute legal advice. For more information or to schedule a free consultation, contact us at info@lalorattorneys.com / 646.818.9870.
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