CT Labor Laws in General
Connecticut, like all states, operates under the United States Department of Labor’s interpretation of the Fair Labor Standards Act of 1938 (FLSA). This law sets forth minimum requirements for overtime, minimum wage, child labor, record keeping and suggested employment practices. Under the FLSA, most private sector workers are considered "non-exempt employees" and are entitled to minimum wage and time-and-a-half for overtime hours.
In addition to the FLSA, the Connecticut Department of Labor (CTDOL) issues Connecticut’s Labor Laws. The CTDOL also enforces the laws set out in the Connecticut General Statutes. These laws include those touching on overtime and breaks.
Among the suggested employment practices in FLSA are employer guidelines for scheduling. These include: Most employers are familiar with at least some of these employee conveniences. In some cases, they may go above and beyond what is required by law to attract and hold onto valuable staff.
In Connecticut, the legislature seeks to encourage three of the items listed above. They do this through Public Act 01-70, which added Section 31-40z to the General Statutes. This law requires employers to make an effort to provide notice of any schedule change or cancellation to an employee in advance of her scheduled shift. It also creates one exception to this notice requirement for "an emergency or a special circumstance."
While this definition is subject to legal interpretation , it appears the intent of the legislature behind the statute was to prevent "last minute" or even less than 24-hours notice of a schedule change. While the easiest way to interpret this law would be to make each scheduling decision 24 hours in advance of the employee’s shift, this rigid definition wouldn’t take into account the special circumstances described above, and could result in employees refusing to work overtime or take shifts unless they have a full day’s notice.
By the same token, this rigid interpretation of the law would not require an employer who already posts a weekly schedule in advance of the actual shifts to notify the employee of a change to the schedule. An employee who already knows when she is scheduled to work cannot claim that she is surprised or inconvenienced by a schedule change that she was not specifically notified of in accordance with the law.
One provision of this statute that is not open to interpretation in the courts is the imposition of a penalty for non-compliance. Employers who fail to comply with the notice provisions are subject to a "$100 penalty for each violation."
Schedule Change Rules
The rules on schedule changes are relatively strict here in Connecticut. After all, individuals have signed a contract for employment and if the terms of that contract change — their wages, the hours of work — it is generally something that needs to be discussed.
Among the important provisions to note in the labor laws is Section 31-72, which allows an employee to bring a damages action against his or her employer for wages that are due.
To bring a lawsuit pursuant to this section, the employee must show: Claiming back wages under this statute is somewhat unusual. That said, it is one of the claims that the Attorney General’s office will investigate and pursue. In short, changes in wage provisions (such as hourly wages) may lead to this type of claim if not handled properly.
As for changes in work schedules, Section 31-60 of the Connecticut General Statutes requires employers to give at least 48 hours notice of any change for a non-emergency work schedule. Translating this to a working week, Friday before the week starts is generally the last day to announce any schedule changes.
According to Section 31-62, it is the policy of the state to prohibit changes in work schedules during the workweek so as to conserve the physical and economic strength of the general public during the workweek.
The statute contains two qualifications to this general prohibition: Section 31-63 of the Connecticut General Statutes gives the Commissioner of Labor the power to promulgate regulations to carry out the purposes of the above two sections.
Section 31-63-1 of the Regulations of Connecticut State Agencies sets out two specific conditions in which an employer may vary the workweek schedule within a single workweek: This is still a "special circumstance" and it is up to a business to demonstrate that they are more productive with flexible work schedules.
The regulation gives an employer the ability to extend beyond the normal 48 hour rule, but it does not waive it. Although it is a relatively minor fee, it should not be dismissed so lightly.
As stated earlier, claims of deviation from wage agreements are rare and, if claimed, generally strong response is required. However, Section 31-60 of the Connecticut General Statutes puts a substantial burden on the employer to show why this 48 hour notice requirement was not followed.
In addition, Section 31-63 of the Regulations of Connecticut State Agencies requires that the Commissioner be empowered to conduct investigations and to require the posting and keeping of statements of wages.
Effects of Schedule Change on Employees
One of the most contentious areas of labor law concerns the ability of employers to change hours for employees on short notice. Changes in working hours can prove particularly disruptive or even catastrophic to employees (and especially those at the lower end of the pay scale) whose obligations outside of work may not allow them much flexibility.
However, there are no general laws in Connecticut prohibiting employers from unilaterally changing or altering an employee’s schedule and the employee has limited recourse if they wish to maintain their employment. If the employer offers flexibility to the employee to address scheduling issues, the employee of course may use this to alter their schedule.
At the same time, if an employer requires flexibility by requiring employees to work variable hours and to be available to work their shifts at a moment’s notice, they must pay the employee a little more for that privilege. (This is wholly separate and distinct from a separate law requiring the payment of extra pay to employees called for to work from their regular shift (for instance, requiring a 15 minute notice when calling employees in on an off day).)
Specifically, if an employer in Connecticut requires an employee to work an alternative schedule, the Connecticut Department of Labor now requires it to pay an additional hour of pay for each shift so scheduled.
The law requiring this premium pay is found at Connecticut General Statutes Sec. 31-58. It requires the Connecticut Department of Labor to "define and establish a rule or regulation providing that, when an employer requires an employee to work a shift other than the employee’s usual shift, such employee shall receive not less than one additional hour of his regular wage rate for each shift so worked, and such regulation shall contain reasonable exceptions which shall include, but not be limited to, circumstances where an employer has made reasonable efforts to provide such employee with notice of a schedule change prior to the commencement of the shift." See Conn. Gen. Stat. Sec. 31-58(1)(C).
The law specifically says that employers can be subject to this premium pay requirement, even if the workplace does not otherwise have to comply with the other requirements of Sec. 31-58, such as paying overtime for non-exempt employees.
Thus, many employers who don’t pay overtime, but are subject to pay this premium, will end up paying it for those employees who are required to work additional hours.
Notably, employers don’t have to pay a penalty for lack of notice if they make a "reasonable effort to provide such employee with notice of a schedule change prior to the commencement of the shift."
The law also directs the Connecticut Department of Labor to define "reasonable effort", specify such exceptions, and provide enforcement authority over this law.
This "schedule change provision" took effect on October 1, 2015. When an employer changes an employee’s schedule shortly before the shift starts – either by offering a different shift or by offering to fill in for someone else – the law specifically requires that an employer make a "reasonable effort to provide such employee with notice of a schedule change prior to the commencement of the shift." See Conn. Gen. Stat., Sec. 31-58(1)(C).
If an employer could have given more notice but did not – the penalty applies. If the employer gives sufficient notice (or maximum notice) the employer does not owe a premium pay.
The "schedule change" provision is very new and untested. As a result, it is important to stay up to date with the law as new guidance or regulations may be issued.
Legal Protections for Workers
Legal Protections for Workers in Connecticut
Fortunately for employees, there are numerous laws that require employers to provide reasonable notice of schedule changes. In those cases when the employee did not receive proper notice, there are legal remedies available.
In Connecticut, laws that protect employees include:
• Deadline for employer notice: If an employer changes a shift with less than 24 hours’ notice, the employee is not obligated to work the shift. In essence, the employee is entitled to say "no."
• Consequences for employers who fail to give proper notice: If an employer does not adhere to the schedule change notice law, the employee may be entitled to one hour’s pay, up to $3,000 in a 30-day period. In other words, the employee may seek damages against the employer for its carelessness.
• Legal recourse if employer requests employee to change their schedule after the fact: When there is a schedule shift change that was made without proper notice, the employee is under no obligation to make the change, but the employer would still be required to give the employee an hour’s pay, up to the maximum of $3 , 000 in a 30-day period.
• Employer cannot ask for someone to work two shifts back-to-back: A common schedule change at some jobs is to switch one worker’s shift with the next employee’s scheduled shift. In fact, this is an often-practice method that employers utilize when they run short on staff. However, Connecticut law prohibits such practices and the employee cannot be compelled to work consecutive shifts, meaning the employer is obligated to give the employee at least 24 hours’ notice or pay the employee for the shift taken on short notice.
Despite the fair and supportive scheduling laws in Connecticut, many employ-free practices still occur. There are some blatant employers who blatantly violate labor laws — through acts such as giving employees less than 24 hours notice for a shift change — and there are some subtle schedule violations that are not technically illegal, but seem unfair.
If you have been a victim of unfair scheduling practices and the schedule change violates Connecticut law, if your employer offered you time-and-a-half when you were not even entitled to it because the schedule change was made without sufficient notice, then you need to speak to the Connecticut employment dispute attorneys at the Carter Mario Law Firm right away.
Best Practices for Employers
Employers in Connecticut must be careful to keep employee morale high when changes are made as it relates to an employee’s schedule. Not only do employees not like sudden changes to their schedule, but they have protection under Connecticut and federal law as it relates to unjustified changes to their schedule. As a result, we recommend that employers in Connecticut follow the steps below when trying to implement a change to their employee schedules. We’ve incorporated some of these recommended best practices from what was included in California’s "Employer Best Practices" hosting material.
• Give the employee as much advanced notice of the proposed change as possible.
• Contact the employee directly; do not send an e-mail, text, or third party to discuss the change.
• Explain your business reasons for the change; sometimes particular reasons may seem inconsequential for a particular position within your business. Accordingly, when discussing the change in schedule with your employee, be sure to mention details such as how the new schedule will improve efficiency, service, or conduct, and explain the business need for the change.
• Make a concerted effort to accommodate the employee’s personal obligations, including childcare, family care, schooling, and transportation.
• Remind the employee of their value to the employer as a productive and hardworking employee; this reaffirms the employer’s feeling for the employee as a valuable worker and not a disposable – or expendable – commodity.
• If the proposed change is to the employee’s start time, factor in potential commuter traffic, school and other traffic, and the impact of winter weather.
• Insure all employees are treated in the same manner; be alert to the fact that employee comparisons and comparisons among co-workers are made routinely. This might also cut down on any perceived favoritism that other employees might perceive in your actions.
• Using a third-party to make the change less offensive to the employee, such as an outside consultant or supervisor, will make the employee feel as if the decision was not solely that of the employer.
• Remember that what is important to the employer (e.g., employee attendance) might not be as important to the employee.
Recent Changes
When it comes to changes in the law about employer-made schedule changes, there isn’t much to report in Connecticut. There are some federal laws that come into play for certain employees, including the WARN Act and the FMLA, but in the vast majority of cases, state law has little to say on this topic.
In 2019, Connecticut passed a new law aimed at addressing workers in the hospitality industry on this issue. Under the "Scheduling Fairness for Hotel and Restaurant Workers Act" signed by Governor Lamont, when a hotel or restaurant makes a change to an employee’s work schedule after that employee has worked 30 days following the last change to working hours, then the employer must give advance notice of the change in writing or electronically and the employee has the right to refuse the change . The change must be provided 3 calendar days in advance if it is a change of 24 hours or less and 7 calendar days in advance for a change lasting more than 24 hours. The employee must sign the acknowledgement of the schedule change for it to be valid and if the employee fails to return the acknowledgement to the employer, it is deemed that the employee has agreed to the change.
Of course, looking out for "schedule changes" means that employers must then also seek out what changes the employee has made for their own schedules. That’s discussed in the next section.
