Although the concept of overtime is a familiar one, the way it is implemented can vary from state to state. In other words, Connecticut overtime pay may be slightly different than, say, California overtime pay.
But first things first. The federal Fair Labor Standards Act (FLSA) says that certain types of employees are entitled to overtime pay. The federal law counts overtime as any time worked over 40 hours in a seven-day workweek. A workweek doesn’t necessarily mean Sunday through Saturday, but it can’t change from week to week. For example, if your employer says that a workweek is Monday through Sunday one week, he can’t try to get out of paying overtime by changing it to Tuesday through Monday the following week.
Similarly, employers aren’t allowed to avoid overtime pay by averaging the hour of numbers worked over a longer period of time. For instance, say that you worked 45 hours during the first week of the month and 35 hours during the second week of the month. An employer might be tempted to say that you averaged 40 hours per week and so aren’t entitled to overtime pay. That’s simply untrue. You would be entitled to five hours of overtime worked the first week.
Connecticut law works the same way, in that it says that you are owed overtime pay after you’ve worked 40 hours in a workweek.
The next question many people ask is, How is overtime calculated? According to Connecticut overtime pay laws, overtime is paid at 1.5 times the regular rate of pay. In other words, if your regular rate of pay is $10 per hour, you should receive $15 per hour for every hour you work over 40 during a workweek.
Some people are under the mistaken impression that overtime pay is due after eight hours of work in a single day, or if you work on a Sunday or federal holiday. While individual employers or collective bargaining agreements may dictate extra pay for those shifts, neither federal nor Connecticut law calls for overtime pay in those instances.
Not all employees are entitled to overtime pay. Salaried employees who earn more than $455 and who meet the definition of exempt employees are not owed overtime. In addition, certain types of workers are exempted from overtime pay.
If you believe you are owed overtime pay, it makes sense to speak with a labor attorney. You deserve to be paid for your work, and your employer is required to follow the law. A labor attorney can tell you whether or not you have a case, and what you can expect to recover if you sue your employer. The labor attorney can also work to ensure that you do not face retaliation in the workplace.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
