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Were You the Victim of Unpaid Overtime in Connecticut? Five Steps to Protect Your Rights

As an employee, you put in long and hard hours. If you are a non-exempt worker under the Fair Labor Standards Act (FLSA)—which is the federal wage and hour law that Connecticut primarily follows for overtime pay regulations—you have the right to be paid time-and-a-half when you worked more than 40 hours in a given week. 

Do you suspect that you were the victim of an overtime pay violation? It is imperative that you take immediate action to protect your rights. At Hayber, McKenna & Dinsmore, LLC, we are strong, experienced advocates for the wage and hour rights of employees. Here, our Connecticut wage & hour lawyers highlight five steps to take if you or your loved one was the victim of unpaid overtime. 

  1. Document Unpaid Overtime

As with any other employment law claim, evidence is key to bringing a successful unpaid overtime case. If you believe that your rights were violated under the FLSA, you should start by thoroughly document what you believe happened. Notably, unpaid overtime time violations can take a number of different forms. Your wage and hour rights could have been violated if any of the following apply: 

  • Your Employer Undercounted Your Time Work: If your employer is not recording all the hours you work—whether it isas skipping over time spent doing preparatory tasks or staying late without clocking in—you may not be getting paid for all your work time. It is a wage and hour violation and can lead to receiving less than your owed wages. You could be denied overtime pay at all if your employer undercounts your total hours. 
  • Your Employer Calculated Overtime Pay Wrong: When employers miscalculate overtime, they might pay you based on your regular hourly rate for overtime hours instead of the required time-and-a-half (1.5 times your regular rate). Alternatively, they may try to pay less than is actually required by the FLSA. The error can significantly reduce your compensation. 
  • Your Employer Did Not Include All Wages in Overtime Calculation: If your employer fails to include bonuses, commissions, or other incentive pay in your regular rate when calculating overtime, you might not be receiving the full overtime compensation you are due. Notably, it is a type of overtime violation that can lead to reduced pay—especially if you regularly earn additional compensation beyond your base salary.
  • Your Employer Misclassified You as Overtime Exempt: Your Connecticut employer does not get to simply “decide” if you are exempt or non-exempt from the overtime requirements of the FLSA. Instead, your actual job duties determine the classification. Misclassification occurs when an employer improperly labels you as exempt from overtime. You can challenge an unjustified classification as an overtime exempt employee. 

You should keep detailed logs of your daily start and end times—including any breaks taken, and compare them to your pay stubs to highlight any discrepancy. It is also a best practice to gather any relevant emails, messages, schedules, or job description information that could support your claim. An experienced Connecticut wage and hour attorney can help gather and organize documentation. 

  1. Report the Matter 

You have the right to report an overtime pay violation. In most cases, the best approach is to inform your human resources (HR) department and/or your direct supervisor about the unpaid overtime in writing. When you do so, it is best to be clear and concise in your communication. You should keep a copy of all correspondence for your records. If your employer has a formal grievance process, follow it. Reporting internally gives your employer a chance to rectify the issue. Notably, it is also your right under the law. The FLSA prohibits an employer from retaliating against an employee simply because that employee reported a suspected wage and hour violation. If you were subject to any disciplinary action for reporting an overtime violation, contact an attorney right away. 

  1. Seek Professional Help

You do not have to take on an unpaid overtime claim alone. The right professional advocate can make the difference. Consult with a Connecticut labor law attorney who has experience handling unpaid overtime cases and other wage and hour claims. Along with other things, your lawyer can provide legal guidance and support that is narrowly tailored to meet your specific situation. Your lawyer can also help you with all aspects of the claims process—from further investigation of the unpaid overtime to negotiations with your employer to filing a wage and hour claim.  

  1. File a Wage and Hour Claim

You have the right to take legal action to seek a remedy for a wage and hour violation—which can potentially come in the form of the payment of the back wages that you earned (and went uncompensated) in overtime. Indeed, If your employer fails to resolve the issue, file a wage and hour claim with the Connecticut Department of Labor or the United States Department of Labor. Your wage and hour attorney can help you navigate the process. As part of your claim, you should be prepared to provide all the documentation you have collected and be prepared to explain your case clearly. A formal complaint initiates a government investigation into your claim. 

Why Workers Trust Hayber, McKenna & Dinsmore for Results in Unpaid Overtime Cases

Navigating an unpaid overtime claim is never easy. At Hayber, McKenna & Dinsmore, LLC, we provide proactive and results-driven legal guidance and support to employees in the full spectrum of wage and hour cases, including unpaid overtime claims. Our attorneys are experienced employee rights advocates. We encourage you to review our client testimonials, our representative case results, and to contact our Connecticut wage and hour attorneys directly with specific questions. 

Contact Our Connecticut Wage and Hour Lawyer for a Confidential Case Review

At Hayber, McKenna & Dinsmore, LLC, our Connecticut wage and hour attorneys have the skills and experience to take on all types of unpaid overtime cases. Did you earn overtime that was not actually paid out? Get in touch with us now by calling (860) 522-8888 or by contacting us directly online to set up your strictly confidential initial appointment. With offices located in Milford and Hartford, we represent employees in unpaid overtime cases throughout Connecticut.