Displaying Overtime Laws

DOES MY EMPLOYER HAVE TO DISPLAY POSTERS REGARDING OVERTIME LAWS?

Yes.  Under both the federal law (the Fair Labor Standards Act, 29 U.S.C. 255(a)) and state law (the Connecticut Minimum Wage Act, C.G.S. § 52-596), an employer must display posters in the workplace regarding overtime wage laws.

If your employer fails to display the required posters and you bring a claim for unpaid overtime wages, the fact that your employer did not display the posters may allow you to “equitably toll” the statute of limitations.

The statute of limitations for unpaid overtime wages under both Connecticut and federal law is 2 years.  A court can extend (“equitably toll”) the statute of limitations if the two year period would produce an unfair result.  Recently, a Connecticut District Court in Asp & Mertes v. Milardo Photography, Inc., held that equitable tolling of the two year period applied where the employer failed to post the required overtime posters because the employees did not have notice regarding their overtime rights.

If you have actual notice of your rights regarding overtime, even if it did not come from your employer (for example if you consulted with an attorney while you were still employed), then it is unlikely that the statute of limitations period will be tolled for your employer’s failure to post the posters.

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