Superior Court Decision Holds that New Double Damages Standard is Retroactive - FAQs

 

 

Q:  My employer underpaid me, what am I entitled to collect?

 

A:  If your employer fails to pay you the required minimum wage or overtime wage, you may be entitled to double damages under Connecticut law.

 

  • First, you must establish that your employer violated Connecticut wage and hour law.
    • Minimum Wage: Connecticut requires that certain employees be paid a minimum wage.
      • In 2015, the minimum wage was $9.15 per hour.
      • In 2016, the minimum wage is $9.60.
      • In 2017, the minimum wage will be $10.10.
    • Overtime: In addition, certain employees must be paid at least one and one-half times their regular rate for any hours worked in excess of forty hours per week.  Many types of employees, however, are exempted from overtime pay.
    • All Hours Worked.  Employers sometime don’t pay for all hours that an employee is working, which is illegal.
  • Second, in order to avoid double damages, the employer must establish that it “had a good faith belief” that the underpayment of such wages was in compliance with the law. Connecticut General Statutes §§ 31-68, 31-72.
    • If the employer can establish that its underpayment was in good faith, you still are entitled to recover the full amount that you were underpaid, but you cannot recover double damages.

 

 

 

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