Wage and Overtime Claims
WAGE AND OVERTIME CLAIMS
Wage and Overtime Claims: If you believe you are not being paid the correct hourly amount, including overtime, we can help you. It is against the law for an employer to pay less than the minimum wage and to deny you overtime compensation. Overtime compensation is defined as time and a half over 40 hours each week. Courts have awarded damages at twice the amount the wages not paid to employees.
Employers also try to designate employees as salaried workers, when in fact they should be classified as hourly. Employers do this to avoid paying employees overtime. This type of activity creates both wage and overtime claims.
Also, employers also abuse employees and violate state and federal law by demanding employees be on-call and engaged to be waiting, but do not pay the employee’s overtime compensation.
Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) requires employers to pay employees a minimum wage in addition to overtime compensation at a rate of time and a half or normal pay when they work more than forty hours in a given week. See FLSA, 29 U.S.C. § 206(a). Under both the federal Fair Labor Standards Act and the Connecticut wage-and-hour statutes, an employer is required to pay one-half times the employee’s regular hourly rate of pay for each hour worked in excess of forty hours in a week. 29 U.S.C. § § 206, 207; Conn. Gen. Stat. § 31-60.
Under the FLSA and Connecticut law, a plaintiff who recovers unpaid wages is also entitled to liquidated damages equal to the unpaid minimum and overtime wages, and reasonable attorney fees and costs. 29 U.S.C. § 216(b); Conn. Gen. Stat. § § 31-68. Awards of liquidated damages are not discretionary. 29 U.S.C. § 216(b); Conn. Gen. Stat. § 31-68; Barfield v. New York City Health & Hosps. Corp., 537 F.3d 132, 150 (2d Cir. 2008) ([A] district court is generally required to award a plaintiff liquidated damages equal in amount to actual damages.) To avoid an award of liquidated damages under either the FLSA or Connecticut law, an employer has the burden of showing it acted in good faith by taking active steps to ascertain the dictates of the law and then acting to comply with them. 29 U.S.C. § 260; Conn. Gen. Stat. § § 31-68; Herman v. RSR Sec. Servs. Ltd., 172 F.3d 132, 142 (2d Cir. 1999). This burden is a difficult one, with double damages being the norm and single damages the exception. Herman, 172 F.3d at 142.
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