Conn. Gen. Stat. § 31-60

Current with legislation from the 2024 Regular and Special Sessions.

Section 31-60 - Payment of less than minimum or overtime wage. Regulations

(a) Except as provided in subdivision (5) of subsection (i) of section 31-58, any employer who pays or agrees to pay to an employee less than the minimum fair wage or overtime wage shall be deemed in violation of the provisions of this part.

(b) The Labor Commissioner shall adopt such regulations, in accordance with the provisions of chapter 54, as may be appropriate to carry out the purposes of this part. Such regulations may include, but are not limited to, regulations defining and governing an executive, administrative or professional employee and outside salesperson; learners and apprentices, their number, proportion and length of service; and piece rates in relation to time rates; and shall recognize, as part of the minimum fair wage, gratuities in an amount (1) equal to twenty-nine and three-tenths per cent, and effective January 1, 2009, equal to thirty-one per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to thirty-four and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, and ending on June 30, 2019, equal to thirty-six and eight-tenths per cent of the minimum fair wage per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities, (2) equal to eight and two-tenths per cent, and effective January 1, 2009, equal to eleven per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to fifteen and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, and ending on June 30, 2019, equal to eighteen and one-half per cent of the minimum fair wage per hour for persons employed as bartenders who customarily and regularly receive gratuities, and (3) not to exceed thirty-five cents per hour in any other industry, and shall also recognize deductions and allowances for the value of board, in the amount of eighty-five cents for a full meal and forty-five cents for a light meal, lodging, apparel or other items or services supplied by the employer; and other special conditions or circumstances which may be usual in a particular employer-employee relationship. The commissioner may provide, in such regulations, modifications of the minimum fair wage herein established for learners and apprentices; persons under the age of eighteen years; and for such special cases or classes of cases as the commissioner finds appropriate to prevent curtailment of employment opportunities, avoid undue hardship and safeguard the minimum fair wage herein established. Regulations in effect on July 1, 1973, providing for a board deduction and allowance in an amount differing from that provided in this section shall be construed to be amended consistent with this section.

(c) Regulations adopted by the commissioner pursuant to subsection (b) of this section which define executive, administrative and professional employees shall be updated not later than October 1, 2000, and every four years thereafter, to specify that such persons shall be compensated on a salary basis at a rate determined by the Labor Commissioner.

(d)

(1) Effective July 1, 2019, the Labor Commissioner shall recognize, as part of the minimum fair wage, gratuities in an amount equal to the difference between the minimum fair wage and the employer's share per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities. The Labor Commissioner shall also recognize, as part of the subminimum wage established in subdivision (5) of subsection (i) of section 31-58, gratuities in an amount equal to the difference between such subminimum wage and the employer's share per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities.

(2) Effective July 1, 2019, the Labor Commissioner shall recognize, as part of the minimum fair wage, gratuities in an amount equal to the difference between the minimum fair wage and the employer's share per hour for persons employed as bartenders who customarily and regularly receive gratuities.

(3) As used in this subsection "employer's share" means

(A) six dollars and thirty-eight cents per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities, and

(B) eight dollars and twenty-three cents per hour for persons employed as bartenders who customarily and regularly receive gratuities.

(4) Notwithstanding any other law or regulation, any claim brought under this subsection, section 31-68 as it relates to gratuities as part of the minimum wage or section 31-62 -E3 of the regulations of Connecticut state agencies filed after September 24, 2022, shall be adjudicated, solely, under section 31-60-2 of the regulations of Connecticut state agencies effective on September 24, 2020, and any amendments thereto.

(e) On and after October 1, 2020, no employer may take any action to displace an employee, including, but not limited to, a partial displacement of an employee, such as reducing the employee's hours, wages or employment benefits, for purposes of hiring persons under the age of eighteen years at a rate below the minimum fair wage. If the Labor Commissioner determines that an employer has violated this subsection, the commissioner shall suspend the employer's right to pay the reduced rate for employees for a period of time specified in regulations adopted pursuant to subsection (b) of this section.

Conn. Gen. Stat. § 31-60

(1951, S. 2034d; 1957, P.A. 435, S. 5; 1959, P.A. 683, S. 3; 1961, P.A. 519, S. 3; 1967, P.A. 492, S. 2; 1971, P.A. 616, S. 2; P.A. 73-561, S. 1, 2; 73-616, S. 29, 64, 67; P.A. 80-64, S. 1, 7; P.A. 99-199 ; P.A. 00-144 , S. 2 ; P.A. 01-42 , S. 2 , 3 ; P.A. 02-33 , S. 2 ; P.A. 03-278 , S. 91 ; P.A. 04-68 , S. 1 ; P.A. 08-113 , S. 1 ; P.A. 13-117 , S. 2 ; 13-140 , S. 14 ; P.A. 14-42 , S. 5 .)

Amended by P.A. 22-0134, S. 1 of the Connecticut Acts of the 2022 Regular Session, eff. 5/27/2022.

Amended by P.A. 19-0004, S. 2 of the Connecticut Acts of the 2019 Regular Session, eff. 5/28/2019.

Amended by P.A. 14-0042, S. 5 of the Connecticut Acts of the 2014 Regular Session, eff. 5/28/2014.

Cited. 140 Conn. 73 . Constitutionality discussed. 142 C. 437 . Cited. 219 Conn. 520 ; 223 Conn. 573 . 1980 amendment to section did not repeal by implication the Department of Labor's tip credit regulations as applied to restaurant workers, other than waitstaff and bartenders, who regularly and customarily receive gratuities; department did not act arbitrarily, capriciously, or in violation of its statutory authority in determining that such regulations do not apply to restaurant delivery drivers. 325 C. 72 . Limited amount of gratuity allowed for minimum wage. 18 CS 452.

See Sec. 31-58(j) for definition of "minimum fair wage".