A Guide to the Wage and Workplace Standards Division and Its Laws
III. Compliance Assistance Information

• print this section (PDF, 665KB)

CONNECTICUT GENERAL STATUTES

SECTION 31-76c. Length of workweek. No employer, except as otherwise provided herein, shall employ any of his employees for a workweek longer than forty (40) hours, unless such employee receives remuneration for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.

return to table of contents

Section 31-76b. Overtime pay: Definitions. As used in sections 31-76b to 31-76j, inclusive:
1) The "regular rate" at which an employee is employed shall be deemed to include all remuneration for employment paid to, or on behalf of, the employee, but shall not be deemed to include (A) sums paid as gifts; payments in the nature of gifts made at Christmas time or on other special occasions, as a reward for service, the amounts of which are not measured by or dependent on hours worked, production or efficiency; (B) payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause; reasonable payments for traveling expenses, or other expenses, incurred by an employee in the furtherance of his employer's interests and properly reimbursable by the employer; and other similar payments to an employee which are not made as compensation for his hours of employment; (C) sums paid in recognition of services performed during a given period if either, (i) both the fact that payment is to be made and the amount of the payment are determined at the sole discretion of the employer at or near the end of the period and not pursuant to any prior contract agreement or promise causing the employee to expect such payments regularly; (ii) the payments are made pursuant to a bona fide profit-sharing plan or trust or bona fide thrift or savings plan, meeting the approval of the labor commissioner who shall give due regard, among other factors, to the extent to which the amounts paid to the employee are determined with regard to hours of work, production or efficiency; (D) contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old-age, retirement, life, accident or health insurance or similar benefits for employees; (E) extra compensation provided by a premium rate paid for certain hours worked by the employee in any day or workweek because such hours are hours worked in excess of eight in a day or in excess of the maximum workweek applicable to such employee under section 31-76c, or in excess of the employee's normal working hours or regular working hours, as the case may be; (F) extra compensation provided by a premium rate paid for work by the employee on Saturdays, Sundays, holidays or regular days of rest, or on the sixth or seventh day of the workweek, where such premium rate is not less than one and one-half times the rate established in good faith for like work performed in nonovertime hours on other days; or (G) extra compensation provided by a premium rate paid to the employee, in pursuance of an applicable employment contract or collective-bargaining agreement, for work outside of the hours established in good faith by the contract or agreement as the basic, normal or regular workday, not exceeding the maximum workweek applicable to such employee under section 31-76c, where such premium rate is not less than one and one-half times the rate established in good faith by the contract or agreement for like work performed during such workday or workweek;

(2) (A) "Hours worked" include all time during which an employee is required by the employer to be on the employer's premises or to be on duty, or to be at the prescribed work place, and all time during which an employee is employed or permitted to work, whether or not required to do so, provided time allowed for meals shall be excluded unless the employee is required or permitted to work. Such time includes, but shall not be limited to, the time when an employee is required to wait on the premises while no work is provided by the employer. (B) All time during which an employee is required to be on call for emergency service at a location designated by the employer shall be considered to be working time and shall be paid for as such, whether or not the employee is actually called upon to work. (C) When an employee is subject to call for emergency service but is not required to be at a location designated by the employer but is simply required to keep the employer informed as to the location at which he may be contacted, or when an employee is not specifically required by his employer to be subject to call but is contacted by his employer or on the employer's authorization directly or indirectly and assigned to duty, working time shall begin when the employee is notified of his assignment and shall end when the employee has completed his assignment;

return to table of contents

OVERTIME EXCEPTIONS

Sec. 31-76i. Exceptions. The provisions of sections 31-76b to 31-76j, inclusive, shall not apply with respect to (a) any driver or helper, excluding drivers or helpers employed by exempt employers, with respect to whom the Interstate Commerce Commission or its successor agency or the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of applicable federal law or regulation of any employee of a carrier by air subject to the Railway Labor Act or any employee of any employer subject to said Railroad Labor Act; (b) any employee employed as a seaman; (c) any employee employed as an announcer, a news editor or chief engineer by a radio station or television station; (d) repealed by 1972. P.A. 116, S. 3,6; (e) any person employed in a bona fide executive, administrative or professional capacity as defined in the regulations of the Labor Commissioner issued pursuant to section 31-60; (f) any person employed in the capacity of outside salesman as defined in the regulations of the Federal Fair Labor Standards Act; (g) any inside salesperson whose sole duty is to sell a product or service (1) whose regular rate of pay is in excess of two times the minimum hourly rate applicable to him under section 31-58, (2) more than half of whose compensation for a representative period, being not less than one month, represents commissions on goods or services, and (3) who does not work more than fifty-four hours during a work week of seven consecutive calendar days. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee; (h) any person employed as a taxicab driver by any employer engaged in the business of operating a taxicab, if such driver is paid forty per cent or more of the fares recorded on the meter of the taxicab operated by him; (i) any person employed in the capacity of a household delivery route salesman engaged in delivering milk or bakery products to consumers and who is paid on a commission basis as defined in the regulations of the Labor Commissioner issued pursuant to section 31-60; j) any salesman primarily engaged in selling automobiles. For the purposes of this subsection, "salesman" includes any person employed by a licensed new car dealer (1) whose primary duty is to sell maintenance and repair services, (2) whose regular rate of pay is in excess of two times the minimum hourly rate applicable to him under the provisions of section 31-58, (3) more than half of whose compensation for a representative period, being not less than one month, represents commissions on goods or services and (4) who does not work more than fifty-four hours during a work week of seven consecutive days. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee; (k) any person employed in agriculture; (1) any permanent paid members of the uniformed police force of municipalities and permanent paid members of the uniformed fire fighters of municipalities; (m) any person employed as a fire fighter by a private nonprofit corporation which on May 24, 1984, has a valid contract with any municipality to extinguish fires and protect its inhabitants from loss by fire; (n) any person, except a person paid on an hourly basis, employed as a beer delivery truck driver by a licensed distributor, as defined by section 12-433; or (o) any person employed as a mechanic primarily engaged in the servicing of motor vehicles, as defined in section 14-1, or farm implements, as defined in section 14- 1, by a nonrnanufacturing employer primarily engaged in the business of selling such vehicles or implements to consumers, to the extent that such employees are exempt under the federal Wage-Hour and Equal Pay Act, 29 USC 201 et seq, and 29 USC 2 13(b)(10), provided such person's actual weekly earnings exceed an amount equal to the total of (1) such person's basic contractual hourly rate of pay times the number of hours such person has actually worked plus (2) such person's basic contractual hourly rate of pay times one-half the number of hours such person has actually worked in excess of forty hours in such week. For the purposes of this section, "basic contractual hourly rate" means the compensation payable to a person at an hourly rate separate fi-om and exclusive of any flat rate, incentive rate or any other basis of calculation.

return to table of contents

Discussion of Exempt/Non-Exempt Employees for Purposes of Wage and Hour Laws

1. Laws covering issue of exempt and non-exempt status of employees.

   1. Covered by Connecticut law sections 31-60, 31-58, and 31 -76i.

      1. definitions of executive administrative and professional employees under sections 31-60-14, 31-60-15, and 31-60-16 of Administrative Regulations

      2. 31-58 - exempt employees not covered by minimum wage or record keeping laws

      3. 31-76i - exempt employees not covered for the purpose of overtime payment

   2. Fair Labor Standards Act (FLSA) - federal law that exempts executive, administrative and professional employees.

      1. defined in, Title 29, Part 541, Code of Federal Regulations

      2. FLSA covers employers engaged in interstate commerce and gross volume of $500,000.00 in sales
          

2. The laws that provide the higher or stricter standard shall apply.
    

3. Two Critical Areas in Determining Exempt Status

   1. Duties Test
      The controlling factor in determining an exemption is the employee's actual duties. Job descriptions (and job titles) are usually of minimal value because they often represent the employer's idealized perception of what a particular employee is supposed to do; but in reality the actual performance of the job is much different.
      
      Duties can generally be divided into either exempt or non-exempt in nature.
      
        Examples of non-exempt duties:
      driving vehicles
      operating machinery
      bookkeeping
      repairing equipment
      delivering merchandise
      sweeping floors
      typing, filing
      telemarketing
      cashier work
      preparing food
      
        Examples of exempt duties:
      hiring, firing employees
      scheduling employees
      determining credit policies
      formulating personnel policies
      assessing employee performance
      determining staffing levels
      making company investment decisions

Note that in the exempt duties group, the employee needs to use discretion and judgment on a regular basis. For example, an ordinary bookkeeper may be described by an employer as one who determines credit policy when in fact, he or she merely deals with delinquent accounts in accordance with general guidelines specified by management. This type of bookkeeper would not be considered exempt because he or she does not exercise discretion and judgment on a regular basis.

Further, employers may think that if an employee performs a exempt duty, however insignzjicant, they can be classzfied as exempt. It is important to remember that in order to be classzJ5ed as exempt, the employee's primary duty must be to perform tasks of an exempt nature.

An employer who is faced with an exempt employee who takes many sick days or uneltcused absences has remedies other than a reduction in salary during short weeks. The following changes to a hiring agreement will not invalidate an exemption retroactively:

• Change the employee from exempt to non-exempt by specifying that the employee will be paid hourly. Time records must then be maintained and the employee must be paid time and one-half for hours over 40 in any workweek.

• Lower the employee's salary permanently.

• Maintain the salary, but require the employee to make the lost time up by working later each day the following week or by working on a normally non-work day.

It is important to note that if the employer chooses #1 or #2 above, the change to the hiring agreement must be made with notification to the employee in advance and in writing. Also, these must be bona fide changes, not short term adjustments which may vary week to week.

A Special Note on Salary:

Many employers are under the impression that placing any employee on salary makes them exempt. After placing an employee on salary, they fail to maintain time records on them and disregard the requirement to pay time and one-halffor work over 40 hours in any workweek. In fact, salary is only onepart of an exemption. If the "duties"portion of the test is not met, there can be no exemption.
 

3. Three Exemptions: Executive, Administrative, Professional

   1. Executive Exemption
        The employee's primary duty must consist of the management of the enterprise or department in which employed.
        The employment must customarily and regularly direct the work of two or more other employees.
        The employee must be paid on a salary basis of $475.00 per week ($455.00 under FLSA)
      If an employee does not meet these requirements then the following criteria must be met,

      1. All of the above and a salary of $400.OOper week.

      2. The employee either must have the authority to hire orfire employees or make recommendations regarding hiring, firing, promotion or other changes in the status of employees.

      3. The employee must customarily and regularly exercise discretionary powers.

      4. The employee must not devote more than 20% (or 40% in the case of a retail or service employee) of his hours in the workweek to activities that are not directly and closely related to the performance of the work described above.
          

   2. Administrative Exemption

      1. The employee must be compensated on a salary basis of $475.00 per week;

      2. The employee's primary duty must be the performance of office or non- manual work directly related to management policies or general business operations or the performance of administrative functions in an educational setting in work directly related to academic instruction or training;

      3. The employee must customarily and regularly exercise discretion and independent judgment;

         1. an employee under the constant direction of supervisors is not likely to be exercising the degree of discretion contemplated by the exemption.

         2. the key question in determining the amount of discretion exercised by the employee, is whether the employee is making the decisions independently or whether he is simply following an established procedure.

         3. Even though an employee has significant discretion in judgment, if the discretion applies to the production process, the employee will not qualify under the administrative exemption. The employee must exercise discretion in respect to the company's policies or operations to qualify for this exemption.

      4. The employee must:

         1. regularly and directly assist a proprietor, or employee employed in a bona fide executive or administrative capacity; or

         2. perform under only general supervision along specialized or technical lines requiring special training, experience or knowledge; or

         3. execute under only general supervision special assignments and tasks;

         4. the employee does not devote more than 20% (40% for retail or service establishment employees) of his hours worked in a week to activities not directly and closely related to the performance of the work described above; and

         5. the employee receives a salary of at least $155 per week or if an academic administrative employee, she receives at least $155 per week or a salary equal to entrance salaries for teachers in the instruction she is employed.

   3. Professional Exemption

      1. The employee must be compensated on a salary basis of $475 per week except lawyers, doctors, and teachers.

      2. The employee's primary duty must be:

         1. work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study as distinguished from a general academic education or apprenticeship; or

         2. original and creative work in an artistic field; or

         3. teaching, tutoring, instructing or lecturing as a teacher certified in the school system or educational establishment by which he is employed;

      3. The employee's work must require the consistent exercise of discretion and j udgrnent;

      4. The employee's work must be;

         1. predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; and

         2. of such character that the output produced or the result xcomplished can be standardized in relation to a given period of time.
             

4. Conclusion

   1. Although exemptions under Connecticut law are no longer tied to FLSA, Part 541 is useful as a guideline in looking at criteria for exemptions.

   2. Salary basis and docking issue continue to be an area of conhsion under both set of laws - there is a desire to conform these areas with State and Federal law with an upward adjustment of the salary level.

   3. Job titles should not be the sole criteria for claiming exemption and certainly not simply paying on a salary.

   4. Each employment situation is looked at on a case by case basis.

return to table of contents

A Cautionary Note Regarding Exempt Employees

Paying an employee on salary does not exempt an employee from coverage under the minimum wage and overtime laws. An employee must also meet a duties test. Please read on for more information.

return to table of contents

Defining and Governing Executive, Administrative and Professional Employees

Section 31-60-14. Employee in a bona fide Executive capacity

(a) For the purposes of section 31-58(f) of the general statutes, as amended, "employee employed in a bona fide executive capacity" means any employee (1) whose primary duty consists of the management of the enterprise in which he is employed or of a customarily recognized department or subdivision thereof; and (2) who customarily and regularly directs the work of two or more other employees therein; and (3) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (4) who customarily and regularly exercise discretionary powers; and (5) who does not devote more than twenty percent, or, in the case of an employee of a retail or service establishment who does not devote as much as forty percent, of his hours of work in the workweek to activities which are not directly and closely related to the performance of the work described in subdivisions (1) to (4), inclusive, of this section; provided this subdivision shall not apply in the case of an employee who owns at least twenty percent interest in the enterprise in which he is employed; and (6) who is compensated for his services on a salary basis at a rate of not less than four hundred dollars per week exclusive of board, lodging, or other facilities, except that this subdivision shall not apply in the case of an employee in training for a bona fide executive position as defined in this section if (A) the training period does not exceed six months; and (B) the employee is compensated for his services on a salary basis at a rate not less than three hundred seventy-five dollars per week exclusive of board, lodging, or other facilities during the training period; (C) a tentative outline of the training program has been approved by the labor commissioner; and (D) the employer shall pay tuition costs, and fees, if any, for such instruction and reimburse the employee for travel expenses to and from each destination other than local, where such instruction or training is provided. Any trainee program so approved may be terminated at any time by the labor commissioner upon proper notice, if he finds that the intent of the program as approved has not been carried out. An employee who is compensated on a salary basis at a rate of not less than four hundred seventy-five dollars per week, exclusive of board, lodging, or other facilities, and whose primary duty consists of the management of the enterprise in which he is employed or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other employees therein, shall be deemed to meet all of the requirements of this section.

(b) A "salary basis" means a predetermined amount paid for each pay period on a weekly or less frequent basis, regardless of the number of days or hours worked, which amount is not subject to reduction because of variations in the quality or quantity of the work performed, and which amount has been the subject of an employer advisement as required by section 31-71f of the Connecticut General Statutes.

1. Although the employee need not be paid for any workweek in which he performed no work, deductions may only be made in the following five (5) instances:

• During the initial and terminal weeks of employment, an employer may pay a proportionate part of an employee' s salary for the time actually worked;

• Deductions may be made for one or more full days if the employee is absent for personal reasons other than sickness or accident;

• Deductions may be made for one or more full days of sickness or disability provided the deduction is made pursuant to a bona fide plan, policy or practice of making deductions from an employee's salary after sickness or disability leave has been exhausted which has been disclosed to the employee in accordance with section 31-71f of the Connecticut General Statutes;

• Deductions may be made for absences of less than one full day taken pursuant to the federal family and medical leave act, 29 USC 2601 et seq., or the Connecticut family and medical leave act, section 31-51kk et seq., of the Connecticut General Statutes, as perrnitted by 29 CFR 825.206 or by section 31-51qq-17 of the regulations of Connecticut state agencies; or

• Deductions may be made for one or more full days if the employee is absent as a result of a disciplinary suspension for violating a safety rule of major significance. Safety rules of major significance include only those relating to the prevention of serious danger to the employer's premises, or to other employees.
   

2. (A) No deduction of any kind shall be made for any part of a workweek absence that is attributable to:

   1. lack of work occasioned by the operating requirements of the employer;

   2. jury duty, or attendance at a judicial proceeding in the capacity of a witness; or

   3. temporary military leave.

   (B) An employer is perrmitted to offset payments an employee receives for any of the services described in thls subdivision against the employee's regular salary during the week of such absence.
    

3. No deduction shall be made for an absence of less than one full day from work unless:

   1. the absence is taken pursuant to the federal family and medical leave act, 29 USC 2601 et seq., or the Connecticut family and medical leave act, section 31-51kk et seq., of the Connecticut General Statutes, as permitted by 29 CFR 825.206 or by section 31-51qq-17 of the regulations of Connecticut state agencies; or

   2. The absence is taken pursuant to a bona fide paid time off benefits plan that specifically authorizes the substitution or reduction from accrued benefits for the time that an employee is absent from work, provided the employee receives payment in an amount equal to his guaranteed salary.
       

4. No deduction of any kind shall be made for an absence of less than one week which results from a disciplinary suspension for violating ordinary rules of employee conduct.
    

Section 31-60-15. Employee in a bona fide Administrative Capacity

(a) For the purposes of said section 31-58(f), "employee employed in a bona fide administrative capacity" means any employee: (1) whose primary duty consists of either: (a) the performance of office or nonmanual work directly related to management policies or general business operations of his employer or his employer's customers, or (b) the performance of functions in the administration of a school system or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and (2) who customarily and regularly exercises discretion and independent judgment; and (3) (a) who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity, as such terms are defined in section 31-60-14 and 31-60-15, or (b) who performs under only general supervision work along specialized or technical lines requiring special training, experience or knowledge, or (c) who executes under only general supervision special assignments and tasks; and (4) who does not devote more than twenty percent, or, in the case of an employee of a retail or service establishment who does not devote as much as forty percent, of his hours worked in the workweek to activities which are not directly and closely related to the performance of the work described in subdivisions (1) to (3), inclusive, of this section; and (5)(a) who is compensated for his services on a salary or fee basis at a rate of not less than four hundred dollars per week exclusive of board, lodging or other facilities, or (b) who, in the case of academic administrative personnel, is compensated for his services as required by subparagraph (a) of this subdivision or on a salary basis which is at least equal to the entrance salary for teachers in the school system or educational establishment or institution by which he is employed; provided an employee who is compensated on a salary or fee basis at a rate of not less than four hundred seventy-five dollars per week, exclusive of board, lodging, or other facilities, and whose primary duty consists of the performance of work described in subdivision (1) of this section, which includes work requiring the exercise of discretion and independent judgment, shall be deemed to meet all of the requirements of this section.

(b) "Salary basis" means a predetermined amount paid for each pay period on a weekly or less frequent basis, regardless of the number of days or hours worked, which amount is not subject to reduction because of variations in the quality or quantity of the work performed, and which amount has been the subject of an employer advisement as required by section 31-71f of the Connecticut General Statutes.

1. Although the employee need not be paid for any workweek in which he performed no work, deductions may only be made in the following five (5) instances:

• During the initial and terminal weeks of employment, an employer may pay a proportionate part of an employee's salary for the time actually worked;

• Deductions may be made for one or more full days if the employee is absent for personal reasons other than sickness or accident;

• Deductions may be made for one or more full days of sickness or disability provided the deduction is made pursuant to a bona fide plan, policy or practice of making deductions from an employee' s salary after sickness or disability leave has been exhausted which has been disclosed to the employee in accordance with section 31-71f of the Connecticut General Statutes;

• Deductions may be made for absences of less than one full day taken pursuant to the federal family and medical leave act, 29 USC 2601 et seq., or the Connecticut family and medical leave act, section 31-51kk et seq., of the Connecticut General Statutes, as permitted by 29 CFR 825.206 or by section 31-51qq-17 of the regulations of Connecticut state agencies; or

• Deductions may be made for one or more full days if the employee is absent as a result of a disciplinary suspension for violating a safety rule of major significance. Safety rules of major significance include only those relating to the prevention of serious danger to the employer's premises, or to other employees.

2. (A) No deduction of any kind shall be made for any part of a workweek absence that is attributable to:

   1. lack of work occasioned by the operating requirements of the employer;

   2. jury duty, or attendance at a judicial proceeding in the capacity of a witness; or

   3. temporary military leave.

   (B) An employer is permitted to offset payments an employee receives for any of the services described in this subdivision against the employee' s regular salary during the week of such absence.
    

3. No deduction shall be made for an absence of less than one full day from work unless:

   1. the absence is taken pursuant to the federal family and medical leave act, 29 USC 2601 et seq., or the Connecticut family and medical leave act, section 31-51kk et seq., of the Connecticut General Statutes, as permitted by 29 CFR 825.206 or by section 31-51qq-17 of the regulations of Connecticut state agencies; or

   2. The absence is taken pursuant to a bona fide paid time off benefits plan that specifically authorizes the substitution or reduction from accrued benefits for the time that an employee is absent from work, provided the employee receives payment in an amount equal to his guaranteed salary.
       

4. No deduction of any kind shall be made for an absence of less than one wsek which results from a disciplinary suspension for violating ordinary rules of employee conduct.

Section 31-60-16. Employee in a bona fide Professional Capacity

(a) For the purposes of said section 31-58(f), "employee employed in a bona fide professional capacity" means any employee (1) whose primary duty consists of the performance of: (a) work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual or physical processes or (b) work that is original and creative in character in a recognized field of artistic endeavor, as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training, and the result of which depends primarily on the invention, imagination or talent of the employee or (c) teaching, tutoring, instructing or lecturing in the activity of imparting knowledge while employed and engaged in this activity as a teacher certified or recognized as such in the school system or educational establishment or institution by which he is employed; and (2) whose work requires the consistent exercise of discretion and judgment in its performance; and (3) whose work is predominantly intellectual and varied in character, as opposed to routine mental, manual, mechanical or physical work, and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and (4) who does not devote more than twenty percent of his hours worked in the workweek to activities which are not an essential part of and necessarily incident to the work described in subdivisions (1) to (3), inclusive, of this section; and (5) who is compensated for his services on a salary or fee basis at a rate of not less than four hundred dollars per week exclusive of board, lodging or other facilities; provided this subdivision shall not apply in the case of an employee who is the holder of a valid license or certificate permitting the practice of law or medicine or any of their branches and who is actually engaged in the practice thereof, or in the case of an employee who is the holder of the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program pursuant to the practice of medicine or any of its branches, or in the case of an employee employed and engaged as a teacher as provided in subdivision (1)(c) of this section, and provided an employee who is compensated on salary or fee basis at a rate of not less than four hundred seventy-five dollars per week exclusive of board, lodging or other facilities, and whose primary duty consists of the performance either of work described in subdivision 1(A) or (C) of this section which includes work requiring the consistent exercise of discretion and judgment, or of work requiring invention, imagination or talent in a recognized field of artistic endeavor, shall be deemed to meet all of the requirements of this section.

(b) "Salary basis" means a predetermined amount paid for each pay period on a weekly or less frequent basis, regardless of the number of days or hours worked, which amount is not subject to reduction because of variations in the quality or quantity of the work performed, and which amount has been the subject of an employer advisement as required by section 31-71f of the Connecticut General Statutes.

1. Although the employee need not be paid for any workweek in which he performed no work, deductions may only be made in the following five (5) instances:

• During the initial and terminal weeks of employment, an employer may pay a proportionate part of an employee's salary for the time actually worked;

• Deductions may be made for one or more full days if the employee is absent for personal reasons other than sickness or accident;

• Deductions may be made for one or more full days of sickness or disability provided the deduction is made pursuant to a bona fide plan, policy or practice of making deductions from an employee's salary after sickness or disability leave has been exhausted which has been disclosed to the employee in accordance with section 31-71f of the Connecticut General Statutes;

• Deductions may be made for absences of less than one full day taken pursuant to the federal family and medical leave act, 29 USC 2601 et seq., or the Connecticut family and medical leave act, section 31-51kk et seq. of the Connecticut General Statutes, as permitted by 29 CFR 825.206 or by section 31-51qq-17 of the regulations of Connecticut state agencies; or

• Deductions may be made for one or more full days if the employee is absent as a result of a disciplinary suspension for violating a safety rule of major significance. Safety rules of major significance include only those relating to the prevention of serious danger to the employer's premises, or to other employees.

2. (A) No deduction of any kind shall be made for any part of a workweek absence that is attributable to:

   1. lack of work occasioned by the operating requirements of the employer;

   2. jury duty, or attendance at a judicial proceeding in the capacity of a witness; or

   3. temporary military leave.

(B) An employer is permitted to offset payments an employee receives for any of the services described in this subdivision against the
employee's regular salary during the week of such absence.
 

3. No deduction shall be made for an absence of less than one full day from work unless:

• The absence is taken pursuant to the federal family and medical leave act, 29 USC 2601 et seq., or the Connecticut family and medical leave act, section 31-51kk et seq., of the Connecticut General Statutes, as permitted by 29 CFR 825.206 or by section 31-51qq-17 of the regulations of Connecticut state agencies; or

• The absence is taken pursuant to a bona fide paid time off benefits plan that specifically authorizes the substitution or reduction from accrued benefits for the time that an employee is absent from work, provided the employee receives payment in an amount equal to his guaranteed salary.
   

4. No deduction of any kind shall be made for an absence of less than one week which results from a disciplinary suspension for violating ordinary rules of employee conduct.

return to table of contents

See. 31-58. Definitions. As used in this part:

1. "Commissioner" means the Labor Commissioner;
    

2. "Wage board" means a board created as provided in section 31-61;
    

3. "Fair wage" means a wage fairly and reasonably commensurate with the value of a particular service or class of service rendered, and, in establishing a minimum fair wage for such service or class of service under this part, the commissioner and the wage board, without being bound by any technical rules of evidence or procedure, (1) may take into account all relevant circumstances affecting the value of the services rendered, including hours and conditions of employment affecting the health, safety and general well-being of the workers, and (2) may be guided by such considerations as would guide a court in a suit for the reasonable value of services rendered where services are rendered at the request of an employer without contract as to the amount of the wage to be paid and (3) may consider the wages, including overtime or premium rates, paid in the state for work of like or comparable character by employers who voluntarily maintain minimum fair wage standards;
    

4. "Department" means the Labor Department;
    

5. "Employer" means any owner or any person, partnership, corporation, limited liability company or association of persons acting directly as, or in behalf of, or in the interest of an employer in relation to employees, including the state and any political subdivision thereof;
    

6. "Employee" means any individual employed or permitted to work by an employer but shall not include any individual employed in camps or resorts which are open no more than six months of the year or in domestic service in or about a private home, except any individual in domestic service employment as defined in the regulations of the federal Fair Labor Standards Act, or an individual employed in a bona fide executive, administrative or professional capacity as defined in the regulations of the Labor Commissioner or an individual employed by the federal government, or any individual engaged in the activities of an educational, charitable, religious, scientific, historical, literary or nonprofit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organizations are on a voluntary basis, or any individual employed as a head resident or resident assistant by a college or university, or any individual engaged in baby sitting, or an outside salesman as defined in the regulations of the federal Fair Labor Standards Act; or any individual employed by a nonprofit theater, provided such theater does not operate for more than seven months in any calendar year;
    

7. A resort is defined as an establishment under one management whose principal function it is to offer lodging by the day, week, month or season, or part thereof, to vacationers or those in search of recreation;
    

8. "Employ" means to employ or suffer to work;
    

9. "Wage" means compensation due to an employee by reason of his employment;
    

10. "Minimum fair wage" in any industry or occupation in this state means a wage of not less than two dollars and sixty-six cents per hour, and effective January 1, 1979, not less than two dollars and ninety-one cents per hour, and effective January 1, 1980, not less than three dollars and twelve cents per hour, and effective January 1, 1981, not less than three dollars and thirty-seven cents per hour, and effective October 1, 1987, not less than three dollars and seventy-five cents per hour, and effective October 1, 1988, not less than four dollars and twenty-five cents per hour, and effective January 1, 1999, not less than five dollars and sixty-five cents per hour, and effective January 1, 2000, not less than six dollars and fifteen cents per hour, and effective January 1, 2001, not less than six dollars and forty cents per hour, and effective January 1, 2002, six dollars and seventy cents per hour, and effective January 1, 2003, not less than six dollars and ninety cents per hour, and effective January 1, 2004, not less than seven dollars and ten cents per hour, effective January 1, 2006, not less than seven dollars and forty cents per hour, and effective January 1, 2007, effective January 1, 2009, not less than eight dollars per hour, and effective January 1, 2010 not less than eight dollars and twenty-five cents per hour, or one-half of one per cent rounded to the nearest whole cent more than the highest federal minimum wage, whichever is greater, except as may otherwise be established in accordance with the provisions of this part. All wage orders in effect on October 1, 1971, wherein a lower minimum fair wage has been established, are amended to provide for the payment of the minimum fair wage herein established except as hereinafter provided. Whenever the highest federal minimum wage is increased, the minimum fair wage established under this part shall be increased to the amount of said federal minimum wage plus one-half of one per cent more than said federal rate rounded to the nearest whole cent, effective on the same date as the increase in the highest federal minimum wage, and shall apply to all wage orders and administrative regulations then in force. The rates for learners, beginners, and persons under the age of eighteen years shall be not less than eighty-five per cent of the minimum fair wage for the first two hundred hours of such employment and equal to the minimum fair wage thereafter, except institutional training programs specifically exempted by the commissioner.

return to table of contents

First Overtime wage provision - P.A. 683 - 1959 Legislature

*26% of the minimum wage
**29.3% of the minimum wage
***31% of the minimum wage

return to table of contents

For Bartenders who customarily and regularly receive gratuities

See Section 31-60 of the Connecticut General Statutes and Section 31-62-E2 of the Restaurant Wage Order, Mandatory Order Number 8.
Also refer to Public Acts 08-92 and 08-113.

Updated January 2009

return to table of contents

Other States' Minimum Wage
January 2009

This list is provided for general purposes only, for detailed information please consult individual states.

return to table of contents

Time Record Keeping Requirements

Overtime: One and one-half times the Employee's regular rate of pay after 40 hours per week. For Exceptions - See Section 31-76i of the Connecticut General Statutes

Sec. 31-60-12 Records.

1. For the purpose of this regulation, "true and accurate records" means accurate legible records for each employee showing:
    

   1. His name;

   2. his home address;

   3. the occupation in which he is employed;

   4. the total daily and total weekly hours worked, showing the beginning and ending time of each work period, computed to the nearest unit of 15 minutes;

   5. his total hourly, daily or weekly basic wage;

   6. his overtime wage as a separate item from his basic wage;

   7. additions to or deductions from his wages each pay period;

   8. his total wages paid each pay period;

   9. such other records as are stipulated in accordance with sections 31-60-1 through 31-60-16

   10. working certificates for minor employees (sixteen to eighteen years). True and accurate records shall be maintained and retained at the place of employment for a period of 3 years for each employee.
        

2.  The labor commissioner may authorize the maintenance of wage records and the retention of both wage and hour records as outlined either in whole or in part at a place other than the place of employment when it is demonstrated that the retention of such records at the place of employment either
    

   1.  works an undue hardship on the employer without materially benefiting the inspection procedures of the labor department, or

   2. is not practical for enforcement purposes. Where permission is granted to maintain wage records at other than the place of employment, a record of total daily and weekly hours worked by each employee shall also be available for inspection in connection with such wage records.
       

3. In the case of an employee who spends 75% or more of his working time away from his employer's place of business and the maintaining of time records showing the beginning and ending time of each work period for such employee either imposes an undue hardship upon the employer or exposes him to jeopardy because of his inability to control the accuracy of such entries, a record of total daily and total weekly hours will be approved as fulfilling the record-keeping requirements of this section. However, in such cases, the original time entries shall be made by the employee in his own behalf and the time entries made by the employee shall be used as the basis for payroll records.
    

4. The employer shall maintain and retain for a period of 3 years the following information and data on each individual employed in a bona fide executive, administrative or professional capacity;
    

   1. His name;

   2. his home address;

   3. the occupation in which he is employed;

   4. his total wages paid each work period;

   5. the date of payment and the pay period covered by payment.

return to table of contents

Travel Time Requirements

We get a lot of questions on compensability of travel time for employees who take company vehicles home with them; generally questioning whether or not there is a requirement to pay employees for time spent traveling in a company vehicle fiom their home to their first stop, and from their last stop back to their homes. The U.S. Labor Department issued an opinion letter in 1995 that covered the subject. Following is a sumary of requirements that must be met in order for the travel time NOT to be compensable. The employee need not be paid for time spent traveling between hislher home and the first and last stops of the day if & of the following conditions are met:

1. The vehicle in question must be one that would normally be used for commuting. Automobiles, pickup trucks, and vans would clearly fall into this category, even if they carry company or personal tools. Vehicles that would not fall into this category are larger trucks (for instance, aerial bucket trucks, cranes, dump trucks, concrete trucks, etc.) and other specialized-use vehicles.
    

2. The employee incurs no cost for driving or parking the employer's vehicle at his or her home.
    

3. The work sites must be within normal commuting distance from the employer's establishment. For instance, an employee who parks a company vehicle at his or her home then drives 100 miles to the first stop of the day is clearly traveling farther than normal commuting distance. That employee must be paid from the time they left home, not from the time they reached their first stop.
    

4. Most importantly, the employee who takes a vehicle home must do so voluntarily. Taking the vehicle home under orders from the employer or as a condition of employment means that the employee must be paid for travel time to and from their home.

Please note that all time spent traveling between stops during the day is unquestionably compensable. The above parameters address only the trip from home to the first stop and from the last stop to home.

Also note that under the Administrative Regulations, our description of travel time calls for payment if the travel (in this case from home to the first assignment and the trip home again) clearly inures to the benefit of the employer. This means that even if all conditions above are met, there may still be a requirement to pay if it can be demonstrated that the employer derives some considerable benefit from an employee having the vehicle parked at their home. For instance, if a refrigeration repair business advertises that it can have a technician at the sight of a breakdown within half an hour, there is a significant benefit in having the truck in the employee's driveway (immediate response).

return to table of contents

Travel Time Law, Section 31-60-10

Overtime: One and one-half times the employee's regular rate of pay after 40 hours per week. For Exceptions - See Section 31-763 of the Connecticut General Statutes

Sec. 31-60-10. Travel Time

1. For the purpose of this regulation, "travel time" means that time during which a worker is required or permitted to travel for purposes incidental to the performance of his employment but does not include time spent traveling from home to his usual place of employment or return to home, except as hereinafter provided in this regulation.
    

2. When an employee, in the course of his employment, is required or permitted to travel for purposes which inures to the benefit of the employer, such travel time shall be considered to be working time and shall be paid for as such. Expenses directly incidental to and resulting from such travel shall be paid for by the employer when payment made by the employee would bring the employee's earnings below the minimum fair wage.
    

3. When an employee is required to report to other than his usual place of employment at the beginning of his work day, if such an assignment involves travel time on the part of the employee in excess of that ordinarily required to travel from his home to his usual place of employment, such additional travel time shall be considered to be working time and shall be paid for as such.
    

4. When at the end of a work day a work assignment at other than his usual place of employment involves, on the part of the employee, travel time in excess of that ordinarily required to travel From his usual place of employment to his home, such additional travel time shall be considered to be working time and shall be paid for as such.

return to table of contents