According to Connecticut law, when you’re hired, your employer is required to give you a written notice that includes information about your pay rate, your hours of employment, and your payday. In addition, your employer has to either provide you in writing or post a notice regarding policy and policy changes regarding wages, vacation pay, sick leave, and benefits.
Generally speaking, non-exempt employees must be paid 1-1/2 times their regular pay for every hour worked over 40 hours during a workweek. Keep in mind that overtime pay isn’t required if you work more than eight hours in a single day; it is only applicable after 40 hours per week.
According to Connecticut law, the following workers do not qualify for overtime pay:
- Drivers and helpers exempted by the Interstate Commerce Commission or the Railway Labor Act
- Radio and television station announcers, news editors, and chief engineers
- Those employed in executive, administrative, or professional capacities (see below)
- Outside salespeople
- Inside salespeople who sell products or services, providing their pay is twice the minimum wage, half of their pay is commission-based, and who doesn’t work more than 54 hours per week
- Taxi drivers who receive 40% or more of metered fares
- Residential milk or bakery delivery salespeople and drivers who are paid on commission
- Car salespeople working for new car dealers, providing their pay is twice the minimum wage, half of their pay is commission-based, and they don’t work more than 54 hours per week
- Agricultural workers
- Police officers and firefighters
- Beer delivery truck drivers, provided they’re not paid on an hourly basis
According to Connecticut law, determining who is exempt from overtime pay on the basis of being an executive, administrator, or professional comes down to two factors: job duties and salary. Those who are exempt from overtime pay are those who use discretion and judgment on a regular basis. Examples of exempt duties are hiring and firing employees, determining policies, and making company investment decisions. However, you may perform one exempt duty and still be considered non-exempt. In order to be considered exempt, your primary duties have to be exempt in nature.
The salary criteria are more complicated. For the executive exemption, your duties must be primarily managerial in nature, you must direct the work of two or more employees, and you must be paid at least $475 per week. Alternately, you have to be paid $400 per week, make personnel decisions, regularly use discretion and judgment, and not spend more than 20% of your time (or 40% if you’re in a retail or service industry) doing other tasks.
To claim the administrative exemption, you must be paid at least $475 per week, do work related to management policies or business operations, regularly use discretion and judgment (as opposed to simply following procedures), and not spend more than 20% of your time (or 40% if you’re in a retail or service industry) doing other tasks.
To claim the professional exemption, you must be paid at least $475 per week, and primarily either do work that requires an advanced degree, do original work in an artistic field, or be a teacher. In addition, you must regularly use discretion and judgment, and do work that is primarily intellectual.
If you’re owed Connecticut overtime pay, call Lemberg Law at 475-277-2200. Our employment lawyers will review your case and give you no-nonsense answers to your questions.