- Lemberg Law
- What is the The Fair Labor Standards Act?
- Connecticut Overtime Laws
Federal and state overtime laws require that employees receive overtime pay for hours that they work above 40 hours each week. While some employees are exempt from receiving overtime pay, the vast majority of employees in Connecticut are entitled to overtime wages. In this guide, learn more about Connecticut overtime laws, how to calculate overtime wages, who is exempt from overtime, and what steps to take if your employer owes you back overtime pay.
Connecticut Overtime Laws
Per Connecticut labor law, employers must compensate overtime pay for all non-exempt employees at a rate of 1½ times their regular rate of pay for hours worked over 40 hours in a seven-day week. Overtime must be calculated on a weekly basis.
Overtime Calculator
You can use a Connecticut Wage Calculator to see how much you should be compensated for overtime based on your working and overtime hours. You can also indicate whether or not you regularly receive tips, as this can have an impact on the calculation.
However, figuring out how much overtime you should be paid is relatively straightforward. The formula for overtime hours is 1.5 times the regular rate of pay for hours worked over 40.
For example, if you worked 50 hours in a week and your normal rate of pay is $20, this is what the calculation would look like:
40 hours x $20 an hour = $800
+ 10 overtime hours x 1.5 overtime rate x $20 an hour = $300
Total Weekly Pay = $1,100
Who is Entitled to Overtime?
Under Connecticut law, all non-exempt employees are entitled to overtime pay. This means that most employees in Connecticut are entitled to overtime pay for any hours worked over 40 in a week.
Generally, Connecticut employers must adhere to all regulations under state and federal law, including paying hourly rates at or above the minimum wage and compensating overtime pay. However, there are some exceptions to the overtime rate under Connecticut law.
Overtime Exemptions Under Employment Laws
On April 23, 2024, the Department of Labor announced a final rule regarding employee exemptions which came into effect on July 1, 2024. The rule adjusts the Fair Labor Standards Act (FLSA) by raising the baseline salary required for minimum wage and overtime pay exemptions.
This “final rule” specifically allows more executive; administrative; and professional (EAP) employees and “highly compensated” employees to escape exemption and receive overtime pay.
Exemptions for Executive, Administrative, and Professional Employees
Certain salaried workers who are employed in executive, administrative, or professional (EAP) positions are exempt from overtime protections provided by the Fair Labor Standards Act (FLSA). To qualify for an “EAP exemption,” you must meet all of the following criteria provided by the Department of Labor:
- You must be paid a salary, and your salaried pay must be the same regardless of the quantity or quality of work produced.
- As of July 1, 2024, you must be paid at least $844 per week. Per the “final rule,” this baseline is scheduled to change regularly in the future.
- Your EAP job must require management-related responsibilities such as exercising independent judgment, setting policy, supervising employees, and making personal decisions.
The salary baseline is set to increase again on January 1, 2025, to $1,128 per week ($58,656 per year). Then, on July 1, 2027, and every 3 years after that, the minimum salary level will be changed to reflect average Americans’ earnings at the time.
Exemptions for Highly Compensated Employees
There are separate FLSA exemptions for the overtime pay of “highly compensated” employees, which the “final rule” covers as well. According to the Department of Labor, “highly compensated” salaried employees must meet all the following requirements to be exempt from overtime compensation:
- Their primary duties include “office or non-manual work.”
- They “customarily and regularly” perform one or more of the responsibilities that make EAP employees exempt (management-related responsibilities that require personal judgment).
- As of July 1, 2024, they must make at least $132,964 per year, including at least $844 per week paid on a salary or fee basis. Per the “final rule,” this threshold is scheduled to change regularly in the future.
On January 1, 2025, the threshold is set to increase again to $151,164 and $1,128, respectively. Like with EAP baseline salaries, starting on July 1, 2027, and every 3 years after that, this threshold will be changed to reflect average Americans’ earnings at the time.
Connecticut Jobs Exempted From Overtime Pay
According to the Connecticut Department of Labor, the types of roles exempted from overtime pay include:
- Agricultural employees
- Certain executive, administrative, and professional employees
- Outside salesperson or automotive salesperson
- Driver or helper under the U.S. Secretary of Transportation’s qualifications and minimum hours of service requirements
Commission-based sales employees do not necessarily have to meet weekly minimum guaranteed salary thresholds to be considered exempt from overtime pay.
Additionally, independent contractors own their own businesses are not entitled to overtime pay, even if they work more than 40 hours in a week. To pass the ABC Test in Connecticut to be an independent contractor, the worker must:
- A: Be free from direction and control with the performance of the service
- B: Perform work outside of the usual course of business of the employer and work outside of the employer’s place of business
- C: Be engaged in an independently established trade, occupation, or profession of the same nature
Steps to Take if You’re Owed Back Overtime Pay
If your employer has not been paying you in accordance with state overtime laws, you can recover back overtime pay. Follow these steps to recover back overtime pay:
Document Overtime Hours Worked
The first step of recovering back overtime pay is to document any overtime hours worked, including your regular hours. This is important as a way to figure out how much your employer owes you and to create documentation related to any back overtime pay claim.
Submit a Written Overtime Pay Request
The next step is to write your employer a formal overtime pay request. This is important for two reasons. First, it is possible that your employer isn’t aware that they owe you for overtime. If there’s a glitch in their system or process for keeping track of hours worked, they may not realize that you’ve been being underpaid. In some cases, this might be all that is needed to remedy the situation.
Second, this written request creates documentation that you notified your employer that they owe you back overtime pay. By specifying how much they owe you and the specific hours that you haven’t been paid for by keeping track of your overtime hours and pay stubs, you can use this information to potentially pursue a claim for back overtime.
Schedule a Consultation with a Connecticut Unpaid Overtime Attorney
Once you’ve notified your employer and they have not taken action to pay you what you’re owed, you should schedule a consultation with a Connecticut unpaid overtime attorney. During your consultation, your attorney can give you guidance on what legal options may be available to you.
File a Legal Claim for Unpaid Wages
If a letter from your unpaid overtime lawyer is not successful in recovering what’s owed to you, you can opt to file a legal claim for unpaid wages. The statute of limitations for recovering back overtime pay in Connecticut is two years. If you wait until after this period of time passes, you will not be able to be able to recover this money.
While two years may seem like a long time, it can go quickly when trying to file a legal claim. The more time that you can give your lawyer to build and file your case the better. Plus, some types of evidence, such as logs of hours worked, could become more difficult to obtain later in the process.
Contact a Connecticut Overtime Attorney for Free
If your employer owes you compensation for unpaid overtime, it is time to contact Lemberg Law to learn more about your legal options. Our law firm is dedicated to fighting for the rights of workers. We have a long history of providing quality legal representation in Connecticut. To get started, request a free case evaluation online or call our legal team.