Superior Court Decision Holds that New Double Damages Standard is Retroactive
If your employer fails to pay you the wages you are entitled to under Connecticut law, you may be able to recover two times the unpaid wage as double damages. A 2015 amendment to Connecticut law made such “double wages” mandatory unless the employer can establish that it “had a good faith belief” that the underpayment of such wages was in compliance with the law. Under the old standard, the trial court had to find that an employer’s actions were in bad faith, arbitrary or unreasonable before it could award double damages. This older standard gave courts more discretion in awarding double damages.
A recent Superior Court case held that the new “good faith” standard is retroactive. That means that even if your employer underpaid you before the legislature enacted the new good faith standard, you still get the benefit of the more lenient standard. But, be careful! You have two years from the date your employer underpays you to file a complaint in Court, or with the Connecticut Department of Labor.
Contact the experienced wage and hour attorneys at Zeldes, Needle & Cooper if you have any questions about your rights as an employee.