No – is the new answer for some workers in Connecticut.
The Connecticut Supreme Court ruled yesterday, in a case handled by Hayber, McKenna & Dinsmore’s own Attorney Anthony Pantuso, that the employer-friendly “halftime overtime” formula is prohibited in the mercantile trade. The case involved GNC who paid its managers and assistant managers half time overtime rather than time and a half. We sued, citing a Connecticut regulation and arguing that this method of calculating overtime pay is illegal in Connecticut. We won.
The Court ruled “In sum, we conclude that, although Connecticut’s minimum wage laws do not preclude use of the fluctuating method, the plain meaning of the text in the wage order does.” ( Read the full opinion here). Accordingly, workers in the mercantile trade – including industries such as retail, restaurant, financial services, and others involved in the sale of commodities – and entitled to their full time and a half overtime rather than half time overtime.