Connecticut Overtime Pay Law
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Connecticut overtime pay law is located in the following sections of the General Statutes of Connecticut .
- 31-58. Definitions.
- 31-60. Payment of less than minimum or overtime wage. Regulations.
- 31-68. Collection of minimum or overtime wage.
- 31-69b. Discharge, discipline, penalty or discrimination prohibited. Right of action.
- 31-76b. Overtime pay: Definitions.
- 31-76c. Length of workweek.
- 31-76e. Maximum workweek under contract or collective bargaining agreement.
- 31-76h. Hospital employees.
- 31-76i. Exceptions.
31-58. Definitions. As used in this part:
(a) "Commissioner" means the Labor Commissioner;
(b) "Wage board" means a board created as provided in section 31-61;
(c) "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;
(d) "Department" means the Labor Department;
(e) "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;
(f) "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;
(g) 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;
(h) "Employ" means to employ or suffer to work;
(i) "Wage" means compensation due to an employee by reason of his employment;
(j) "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,
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.
31-58a. Minimum wage for minors in government or agricultural employment.
Notwithstanding the provisions of subsection (j) of section 31-58, minors between the ages of sixteen and eighteen
years who are employees of the state or any political subdivision thereof shall be paid a minimum wage of not less
than eighty-five per cent of the minimum fair wage as defined in said subsection, and notwithstanding the provisions
of said subsection, minors between the ages of fourteen and eighteen who are agricultural employees shall be paid
a minimum wage of not less than eighty-five per cent of the minimum fair wage as defined in said section except
agricultural employees between the ages of fourteen and eighteen who are employed by employers who did not, during
the preceding calendar year, employ eight or more workers at the same time shall be paid a minimum wage of not
less than seventy per cent of the minimum wage as defined in said section 31-58.
31-59. Investigation.
The commissioner or any authorized representative of the commissioner shall have authority: (a) To investigate
and ascertain the wages of persons employed in any occupation in the state; (b) to enter the place of business
or employment of any employer of persons in any occupation for the purpose of examining and inspecting any and
all books, registers, payrolls and other records of any such employer that in any way appertain to or have a bearing
upon the question of wages of any such persons and for the purpose of ascertaining whether the provisions of this
part and the orders of the commissioner have been and are being complied with; and (c) to require from such employer
full and correct statements in writing, when the commissioner or any authorized representative of the commissioner
deems necessary, of the wages paid to all persons in his employment. The commissioner may, on his own motion, and
shall, on the petition of fifty or more residents of the state, cause an investigation to be made of the wages
being paid to persons in any occupation to ascertain whether any substantial number of persons in such occupation
is receiving less than a fair wage. If the commissioner is of the opinion that any substantial number of persons
in any occupation or occupations is receiving less than a fair wage, he shall appoint a wage board as provided
in section 31-61 to report upon the establishment of minimum fair wage rates of not less than the minimum fair
wage as defined in section 31-58 for such persons in such occupation or occupations.
31-60. Payment of less than minimum or overtime wage. Regulations.
(a) 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; piece rates in relation to time rates; and shall
recognize, as part of the minimum fair wage, gratuities in an amount equal to twenty-three per cent of the minimum
fair wage per hour for persons employed in the hotel and restaurant industry, including a hotel restaurant, and
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. Notwithstanding the provisions of this subsection,
such regulations shall provide that during the period commencing January 1, 2001, and ending December 31, 2002,
the minimum wage for persons employed in the hotel and restaurant industry, including a hotel restaurant, who customarily
and regularly receive gratuities shall be four dollars and seventy-four cents per hour, except during said period
the minimum wage for bartenders who customarily and regularly receive gratuities shall be six dollars and fifteen
cents per hour. 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 herewith without the necessity of convening a wage board or amending said regulations.
(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.
31-66. Employers' records.
Orders to be posted. Each employer subject to the provisions of this part, unless exempted by regulation issued
by the commissioner or as hereinafter provided, shall keep at the place of employment for a period of three years
a true and accurate record of the hours worked by, and the wages paid by him to, each employee, as required by
the applicable regulations issued by the Labor Commissioner, and shall furnish to the commissioner or his authorized
representative, upon demand, a sworn statement of the same provided if the place of employment is designed primarily
as an establishment for the housing and use of coin-operated service or vending machines, such records may be kept
by the employer in some location approved by the commissioner other than at the place of employment. Such records
shall be open to inspection by the commissioner or his authorized representative at any reasonable time. Each employer
subject to this part or to a minimum fair wage order shall keep a copy of such order and the regulations issued
by the Labor Commissioner posted at the place of employment where it can be read easily by the employees. Employers
shall be furnished copies of orders and regulations on request, without charge.
31-67. Exception for person with impaired capacity.
The commissioner may cause to be issued, to any person whose earning capacity is impaired by age or physical
or mental deficiency or injury, a special license authorizing employment at such wages less than the minimum fair
wage and for such period of time as is fixed by the commissioner and stated in the license.
31-68. Collection of minimum or overtime wage.
(a) If any employee is paid by his employer less than the minimum fair wage or overtime wage to which he is
entitled under sections 31-58, 31-59 and 31-60 or by virtue of a minimum fair wage order he may recover, in a civil
action, twice the full amount of such minimum wage less any amount actually paid to him by the employer, with costs
and such reasonable attorney's fees as may be allowed by the court, and any agreement between him and his employer
to work for less than such minimum fair wage or overtime wage shall be no defense to such action. The commissioner
may collect the full amount of unpaid minimum fair wages or unpaid overtime wages to which an employee is entitled
under said sections or order, as well as interest calculated in accordance with the provisions of section 31-265
from the date the wages should have been received, had they been paid in a timely manner. In addition, the commissioner
may bring any legal action necessary to recover twice the full amount of the unpaid minimum fair wages or unpaid
overtime wages to which the employee is entitled under said sections or under an order, and the employer shall
be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner
shall distribute any wages or interest collected pursuant to this section to the employee or in accordance with
the provisions of subsection (b) of this section.
(b) All wages collected by the commissioner for an employee whose whereabouts are unknown to the commissioner shall
be held by the commissioner for three months and thereafter the commissioner may, in his discretion, pay the same,
on application, to the husband or wife or, if none, to the next of kin of such employee. As a condition of such
payment, the commissioner or his authorized representative shall require proof of the relationship of the claimant
and the execution of a bond of indemnity and a receipt for such payment. Any such wages held by the commissioner
for two years without being claimed shall escheat to the state, subject to the provisions of sections 3-66a to
3-71a, inclusive.
31-68a. Enforcement of chapter.
The Labor Commissioner may act as agent for or in cooperation with the federal government in the enforcement
of this chapter, and as requested by the federal government to aid and assist in the effecting of payment of the
prescribed minimum or overtime wage, under either the law of this state or under federal law.
31-68b. Reciprocal agreements.
(a) In the performance of his duties under part III of chapter 557 and this chapter, the Labor Commissioner
may enter into reciprocal agreements with the Labor Department or corresponding agency of any other state or with
the person, board, officer or commission authorized to act on behalf of the Labor Department or corresponding agency,
for the collection in such other state of claims and judgments for wages based upon violations of part III of chapter
557 and this chapter by out-of-state employers.
(b) The Labor Commissioner may, to the extent provided for by any reciprocal agreement entered into pursuant to
subsection (a) of this section, maintain actions in the courts of such other state for the collection of claims
and judgments for wages and may assign such claims and judgments to the Labor Department or agency of such other
state for collection to the extent that an assignment is permitted or provided for by the law of such state or
by reciprocal agreement.
(c) The commissioner may, upon the written consent of the Labor Department or other corresponding agency of any
other state or of a person, board, officer or commission authorized to act on behalf of the Labor Department or
corresponding agency of such other state maintain actions in the courts of this state upon assigned claims and
judgments for wages arising in such other state in the same manner and to the same extent that such actions by
the commissioner are authorized when arising in this state; provided, such actions may be maintained only in cases
where such other state by law or reciprocal agreement extends a like comity to cases arising in this state.
31-69. Penalty.
(a) Any employer or his agent, or the officer or agent of any corporation, who discharges or in any other manner
discriminates against any employee because such employee has served or is about to serve on a wage board or has
testified or is about to testify before any wage board or in any other investigation or proceeding under or related
to this part, or because such employer believes that such employee may serve on any wage board or may testify before
any wage board or in any investigation or proceeding under this part, shall be fined not less than one hundred
dollars nor more than four hundred dollars.
(b) Any employer or the officer or agent of any corporation who pays or agrees to pay to any employee less than
the rates applicable to such employee under the provisions of this part or a minimum fair wage order shall be:
(1) Fined not less than four thousand nor more than ten thousand dollars or imprisoned not more than five years
or both for each offense if the total amount of all unpaid wages owed to an employee is more than two thousand
dollars; (2) fined not less than two thousand nor more than four thousand dollars or imprisoned not more than one
year or both for each offense if the total amount of all unpaid wages owed to an employee is more than one thousand
dollars but not more than two thousand dollars; (3) fined not less than one thousand nor more than two thousand
dollars or imprisoned not more than six months or both for each offense if the total amount of all unpaid wages
owed to an employee is more than five hundred but not more than one thousand dollars; or (4) fined not less than
four hundred nor more than one thousand dollars or imprisoned not more than three months or both for each offense
if the total amount of all unpaid wages owed to an employee is five hundred dollars or less.
(c) Any employer, his officer or agent, or the officer or agent of any corporation, firm or partnership, who fails
to keep the records required under this part or by regulation made in accordance with this part or to furnish such
records to the commissioner or any authorized representative of the commissioner, upon request, or who refuses
to admit the commissioner or his authorized representative to his place of employment or who hinders or delays
the commissioner or his authorized representative in the performance of his duties in the enforcement of this part
shall be fined not less than fifty dollars nor more than two hundred dollars, and each day of such failure to keep
the records required under this part or to furnish the same to the commissioner or any authorized representative
of the commissioner shall constitute a separate offense, and each day of refusal to admit or of hindering or delaying
the commissioner or his authorized representative shall constitute a separate offense.
(d) Nothing in this part shall be deemed to interfere with, impede or in any way diminish the right of employees
to bargain collectively with their employers through representatives of their own choosing in order to establish
wages or conditions of work in excess of the applicable minimum under this part.
31-69a. Additional penalty.
In addition to the penalties provided in part III of chapter 557, this chapter and chapter 568, any employer,
officer, agent or other person who violates any provision of part III of chapter 557, this chapter or subsection
(g) of section 31-288, shall be liable to the Labor Department for a civil penalty of three hundred dollars for
each violation of said chapters and for each violation of subsection (g) of section 31-288. The Attorney General,
upon complaint of the Labor Commissioner, shall institute a civil action to recover such civil penalty. Any amount
recovered shall be deposited in the General Fund and credited to a separate nonlapsing appropriation to the Labor
Department, for other current expenses, and may be used by the Labor Department to enforce the provisions of part
III of chapter 557, this chapter and subsection (g) of section 31-288.
31-69b. Discharge, discipline, penalty or discrimination prohibited. Right of action.
(a) An employer shall not discharge, discipline, penalize or in any manner discriminate against any employee
because the employee has filed a claim or instituted or caused to be instituted any investigation or proceeding
under part III of chapter 557 or this chapter, or has testified or is about to testify in any such proceeding or
because of the exercise by such employee on behalf of himself or others of any right afforded by part III of chapter
557 or this chapter.
(b) Any employee who believes that he has been discharged, disciplined, penalized or otherwise discriminated against
by any person in violation of this section may file a complaint with the Labor Commissioner alleging violation
of the provisions of subsection (a) of this section. Upon receipt of any such complaint, the commissioner shall
hold a hearing. After the hearing, the commissioner shall send each party a written copy of his decision. The commissioner
may award the employee all appropriate relief including rehiring or reinstatement to his previous job, payment
of back wages and reestablishment of employee benefits to which he otherwise would have been eligible if he had
not been discharged, disciplined, penalized or discriminated against. Any employee who prevails in such a complaint
shall be awarded reasonable attorney's fees and costs. Any party aggrieved by the decision of the commissioner
may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.
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 the employer's interests and properly reimbursable
by the employer; and other similar payments to an employee that are not made as compensation for the employee's
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 relevant
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. For the purpose of
calculating the overtime rate of compensation required to be paid to an employee who is
(i) employed as a delivery driver or sales merchandiser,
(ii) paid on a base salary and commission basis, and
(iii) not exempt from the overtime requirements of chapter 558, the employee's regular rate shall be one-fortieth
of the employee's weekly remuneration.
(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;
(3) "Employee" means employee as defined in section 31-58.
31-76c. Length of workweek.
No employer, except as otherwise provided herein, shall employ any of his employees for a workweek longer than
forty 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.
31-76e. Maximum workweek under contract or collective bargaining agreement.
No employer shall be deemed to have violated section 31-76c by employing any employee for a workweek in excess
of the maximum workweek applicable to such employee if such employee is employed pursuant to a bona fide individual
contract, or pursuant to an agreement made as a result of collective bargaining by representatives of employees,
if the duties of such employee necessitate irregular hours of work, and the contract or agreement
(1) specifies a regular rate of pay of not less than the minimum hourly rate provided in subsection (j) of section
31-58 and compensation at not less than one and one-half times such rate for all hours worked in excess of such
maximum workweek, and
(2) provides a weekly guaranty of pay for not more than sixty hours based on the rates so specified.
31-76f. Piece rates; two or more kinds of work.
No employer shall be deemed to have violated section 31-76c by employing any employee for a workweek in excess
of the maximum workweek applicable to such employee if, pursuant to an agreement or understanding arrived at between
the employer and the employee before performance of work, the amount paid to the employee for the number of hours
worked by him in such workweek in excess of the maximum workweek applicable to such employee under section 31-76c:
(A) In the case of an employee employed at piece rates, is computed at piece rates not less than one and one-half
times the bona fide piece rates applicable to the same work when performed during nonovertime hours; or
(B) in the case of an employee performing two or more kinds of work for which different hourly or piece rates have
been established, is computed at rates not less than one and one- half times such bona fide rates applicable to
the same work when performed during nonovertime hours; and if
(i) the employee's average hourly earnings for the workweek exclusive of payments described in subparagraphs
(A) to (G), inclusive, of subdivision (1) of section 31-76b are not less than the minimum hourly rate required
by applicable law, and
(ii) extra overtime compensation is properly computed and paid on other forms of additional pay required to be
included in computing the regular rate.
31-76g. Crediting of certain extra compensation.
Extra compensation paid as described in subparagraphs (E), (F) and (G) of subdivision (1) of section 31-76b
shall be creditable toward overtime compensation payable pursuant to sections 31-76b to 31- 76j, inclusive.
31-76h. Hospital employees.
No employer engaged in the operation of a hospital shall be deemed to have violated section 31-76c if, pursuant
to an agreement or understanding arrived at between the employer and the employee before performance of the work,
a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes
of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty
hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half
times the regular rate at which he is employed.
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 Railway 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;
(l) any permanent paid members of the uniformed police force of municipalities and permanent paid members of the
uniformed firefighters of municipalities;
(m) any person employed as a firefighter 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 nonmanufacturing 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 213(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 from and exclusive of any flat rate, incentive rate or any other basis of calculation.
31-76j. Prior wage orders and regulations.
All wage orders and administrative regulations in effect on July 1, 1967, based upon a workweek other than the
workweek herein established are amended consistent with sections 31-76b to 31-76j, inclusive.
31-76k. Payment of fringe benefits upon termination of employment.
If an employer policy or collective bargaining agreement provides for the payment of accrued fringe benefits
upon termination, including but not limited to paid vacations, holidays, sick days and earned leave, and an employee
is terminated without having received such accrued fringe benefits, such employee shall be compensated for such
accrued fringe benefits exclusive of normal pension benefits in the form of wages in accordance with such agreement
or policy but in no case less than the earned average rate for the accrual period pursuant to sections 31-71a to
31-71i, inclusive.
31-76l. Regulations.
The Labor Commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement
the provisions of section 31-76i.
31-76m. Remission of portion of fine or civil penalty to municipality.
Notwithstanding any other provisions of the general statutes, if the Labor Commissioner imposes a fine or civil
penalty under the provisions of section 31-15, 31-16, 31-18, 31- 23, 31-24, 31-25, 31-52, 31-53, 31-54, 31-69,
31-69a, 31-76 or 31-76a, as a result of a violation initially reported by a municipal official, the commissioner
shall, within thirty days after collecting such fine or penalty, remit one-half of the amount collected to such
municipality.
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