Unpaid Wages in Connecticut: How to Recover What You Are Owed

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes federal minimum wage and overtime protections enforced by the U.S. Department of Labor Wage and Hour Division. Covered employers must pay at least the federal minimum wage ($7.25 per hour) and overtime at time-and-a-half for hours worked over 40 per week. The FLSA applies to employers with annual gross revenue of at least $500,000 and applies to most private employers. Federal law also prohibits illegal wage deductions for uniforms, tools, or cash shortages.

Under the FLSA, employees may file a lawsuit for unpaid wages in federal court or state court, and can recover unpaid wages plus an equal amount in liquidated damages, plus attorney's fees and costs. The statute of limitations is generally 2 years for FLSA violations (3 years for willful violations). The Wage and Hour Division investigates complaints and can seek back wages on behalf of employees, though federal law does not typically provide for a direct state agency wage claim process like some states do.

Connecticut General Statutes section 31-76 establishes Connecticut's wage payment law, which is significantly stronger than federal FLSA requirements in several respects. Connecticut requires employers to pay all wages earned within 8 days of the close of the regular pay period, ensuring more frequent wage payment than many states. Section 31-57 defines wages broadly to include all compensation for labor and services, including commissions, bonuses, and accrued paid time off.

Connecticut law applies to all employees in the state, regardless of employer size—there is no minimum number of employees required for the law to apply, unlike federal coverage thresholds. The state minimum wage is currently $14.00 per hour (effective January 1, 2024) for most employees, higher than the federal minimum wage of $7.25 per hour. Connecticut employers cannot make any deductions from wages for uniforms, tools, equipment, cash shortages, or breakage, with limited exceptions.

Section 31-87 authorizes the Connecticut Department of Labor Commissioner to investigate wage complaints and order restitution of unpaid wages. Unlike federal law, Connecticut provides a direct administrative complaint process through the state Department of Labor, allowing employees to file wage claims without filing a lawsuit. Remedies under Connecticut law include recovery of all unpaid wages plus liquidated damages in an amount equal to the unpaid wages (effectively doubling recovery), plus attorney's fees, court costs, and interest. The statute of limitations for Connecticut wage claims is 4 years from the date of violation—longer than the 2-year federal FLSA period.

Connecticut wage law contains several important exceptions and defenses. Court-ordered wage garnishments, tax levies, and child support orders are permissible wage deductions. Deductions for health insurance, retirement plan contributions, and other employee benefits agreed to in writing are allowed if they do not reduce wages below the minimum wage. Employers may deduct for uniforms or tools if the deduction does not reduce wages below minimum wage and the employee agreed in writing.

Employers have a defense if they can show the wage violation was unintentional and the employer made a good-faith effort to comply with wage laws. However, this defense does not eliminate liability for unpaid wages themselves, only potentially reduces damages. Seasonal or temporary employees do not have different protections under Connecticut law—the same wage payment requirements apply.

Commissioned employees are protected under Connecticut wage law; commissions earned must be paid according to the terms of the agreement or within 8 days of the regular pay period if no written agreement exists. However, if a commission agreement specifies a different payment schedule, that schedule controls provided it is in writing and the employee agreed to it.

Employees who are genuinely independent contractors (meeting ABC test criteria) may fall outside wage law protections, but Connecticut courts apply a strict test for independent contractor classification. Misclassification as independent contractors when employees should be classified as employees is itself a violation of Connecticut wage law.

Step 1: Document the Violation. Keep detailed records of all hours worked, dates, and the wages you should have received. Collect pay stubs, emails, text messages, or any written communications regarding payment terms or promises of compensation. Create a personal timeline noting when you expected payment and when it was (or was not) provided. Save screenshots of time-tracking systems, calendar entries showing work dates, and any written pay schedules or employment agreements. Document the name and position of supervisors or managers who directed the work or promised payment.

Step 2: Internal Complaint Process. Before filing a state complaint, send a written request for payment to your employer via email or certified mail. Keep a copy of this request. Address it to your direct supervisor, HR department, or owner, depending on your company's size. State the specific dates worked, the amount owed, and request payment within 10 business days. This step creates a paper trail and gives the employer an opportunity to correct the violation voluntarily. Many employers will pay once formally notified, avoiding further legal action.

Step 3: File with the Connecticut Department of Labor. If the employer does not pay within a reasonable time (typically 2-3 weeks), file a wage complaint with the Connecticut Department of Labor Wage & Workplace Standards Division. You have 4 years from the date of the violation to file. Go to www.ct.gov/dol and navigate to the Wage Claim section, or call (860) 263-6900 to request a complaint form. You will need to provide: your name, address, and phone number; the employer's name and address; the dates of employment; a description of the work performed; the amount of wages claimed to be unpaid; and documentation supporting your claim (pay stubs, emails, timesheets, etc.). Submit the completed form by mail, email, or in person to the Department of Labor, Wage & Workplace Standards Division, 200 Folly Brook Boulevard, Wethersfield, CT 06109.

Step 4: Investigation by the Department of Labor. Once you file, the Department of Labor will review your complaint and contact the employer. The agency investigates by requesting records, pay documentation, and business records from the employer. This investigation typically takes 2-4 months, though complex cases may take longer. You may be asked to provide additional documentation or clarification. The Department of Labor will determine whether a wage violation occurred and, if so, will order the employer to pay back wages, liquidated damages, and potentially penalties. The employer has the right to respond to your complaint, and you may be interviewed during the investigation.

Step 5: Consult an Attorney. If the Department of Labor finds a violation but the employer refuses to comply with a wage order, or if the amount owed is substantial (over $5,000), consult an employment attorney who specializes in wage and hour law. Many employment attorneys in Connecticut work on contingency for wage cases, meaning you pay no upfront fees. An attorney can file a civil lawsuit in Connecticut Superior Court to enforce the Department of Labor's wage order or file an independent wage claim lawsuit. Attorneys in wage cases can recover attorney's fees from the employer, so this cost is often borne by the employer if you win. For disputes under both Connecticut and federal FLSA law, an attorney can advise whether to pursue both state and federal claims or file in federal court.