A change to existing Connecticut law, effective October 1, makes it more expensive for Connecticut employers to violate Connecticut’s wage and hour standards. If an employer fails to provide the full minimum wage, overtime wage, or fails to satisfy a labor arbitration award the court must now automatically award double the amount of the underpayment. The employer can only avoid the penalty if he or she is able to demonstrate that the underpayment was made in a good faith belief that the employer was complying with the law. The old standard imposed the burden on the employee to demonstrate bad faith on the part of the employer before additional damages could be awarded. Now the burden has shifted to the employer, requiring affirmative proof that the employer was acting in good faith to avoid having the award doubled.
If you have questions or concerns about how any of Connecticut’s employment standards apply to you contact Cacace, Tusch & Santagata.