Connecticut 2019 Regular Session

Connecticut House Bill HB07191 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Governor's Bill No. 7191
8	6		January Session, 2019
9	7		LCO No. 4580
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12		-	Referred to Committee on LABOR AND PUBLIC
13		-	EMPLOYEES
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
14	11
15	12
16	13		Introduced by:
17	14		REP. ARESIMOWICZ, 30
18	15		th
19	16		Dist.
20	17		REP. RITTER M., 1
21	18		st
22	19		Dist.
23	20		SEN. LOONEY, 11
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25	22		Dist.
26	23		SEN. DUFF, 25
27	24		th
28	25		Dist.
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34	32		AN ACT INCREASING THE MINIMUM WAGE.
35	33		Be it enacted by the Senate and House of Representatives in General
36	34		Assembly convened:
37	35
38	36		Section 1. Subsection (i) of section 31-58 of the general statutes is 1
39	37		repealed and the following is substituted in lieu thereof (Effective 2
40	38		October 1, 2019): 3
41	39		(i) "Minimum fair wage" in any industry or occupation in this state 4
42	40		means a wage of not less than six dollars and seventy cents per hour, 5
43	41		and effective January 1, 2003, not less than six dollars and ninety cents 6
44	42		per hour, and effective January 1, 2004, not less than seven dollars and 7
45	43		ten cents per hour, and effective January 1, 2006, not less than seven 8
46	44		dollars and forty cents per hour, and effective January 1, 2007, not less 9
47	45		than seven dollars and sixty-five cents per hour, and effective January 10
48	46		1, 2009, not less than eight dollars per hour, and effective January 1, 11
49		-	2010, not less than eight dollars and twenty-five cents per hour, and 12 Bill No. 7191
	47	+	2010, not less than eight dollars and twenty-five cents per hour, and 12
	48	+	Governor's Bill No. 7191
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56	54		effective January 1, 2014, not less than eight dollars and seventy cents 13
57	55		per hour, and effective January 1, 2015, not less than nine dollars and 14
58	56		fifteen cents per hour, and effective January 1, 2016, not less than nine 15
59	57		dollars and sixty cents per hour, and effective January 1, 2017, not less 16
60	58		than ten dollars and ten cents per hour, [or] and effective January 1, 17
61	59		2020, not less than eleven dollars and twenty-five cents per hour, and 18
62	60		effective January 1, 2021, not less than twelve dollars and fifty cents 19
63	61		per hour, and effective January 1, 2022, not less than thirteen dollars 20
64	62		and seventy-five cents per hour and effective January 1, 2023, not less 21
65	63		than fifteen dollars per hour. On January 1, 2024, and on each January 22
66	64		first thereafter, the minimum fair wage shall be adjusted by the 23
67	65		percentage change in the employment cost index for wages and 24
68	66		salaries for all civilian workers, as calculated by the United States 25
69	67		Department of Labor, or in its successor index, over the twelve-month 26
70	68		period ending on June thirtieth of the preceding year, and rounded to 27
71	69		the nearest whole cent. In no event shall the minimum fair wage under 28
72	70		this section be less than one-half of one per cent rounded to the nearest 29
73	71		whole cent more than the highest federal minimum wage, whichever is 30
74	72		greater, except as may otherwise be established in accordance with the 31
75	73		provisions of this part. On October 15, 2023, and on each October 32
76	74		fifteenth thereafter, the Labor Commissioner shall announce the 33
77	75		adjustment to the minimum fair wage which shall become the new 34
78	76		minimum fair wage and shall be effective on the January first 35
79	77		immediately following. All wage orders in effect on October 1, 1971, 36
80	78		wherein a lower minimum fair wage has been established, are 37
81	79		amended to provide for the payment of the minimum fair wage herein 38
82	80		established except as hereinafter provided. Whenever the highest 39
83	81		federal minimum wage is increased, the minimum fair wage 40
84	82		established under this part shall be increased to the amount of said 41
85	83		federal minimum wage plus one-half of one per cent more than said 42
86	84		federal rate, rounded to the nearest whole cent, effective on the same 43
87	85		date as the increase in the highest federal minimum wage, and shall 44
88	86		apply to all wage orders and administrative regulations then in force. 45
89	87		The rates for learners, beginners, and persons under the age of 46
90		-	~~eighteen years shall be not less than [eighty-five] the greater of eight 47~~ Bill No. 7191
	88	+	Governor's Bill No. 7191
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	94	+	eighteen years shall be not less than [eighty-five] the greater of eight 47
97	95		dollars and sixty cents per hour or seventy-five per cent of the 48
98	96		minimum fair wage for the first [two hundred hours] ninety calendar 49
99	97		days of such employment and equal to the minimum fair wage 50
100	98		thereafter, except institutional training programs specifically exempted 51
101	99		by the commissioner. 52
102	100		Sec. 2. Section 31-60 of the general statutes is repealed and the 53
103	101		following is substituted in lieu thereof (Effective October 1, 2019): 54
104	102		(a) Any employer who pays or agrees to pay to an employee less 55
105	103		than the minimum fair wage or overtime wage shall be deemed in 56
106	104		violation of the provisions of this part. 57
107	105		(b) The Labor Commissioner shall adopt such regulations, in 58
108	106		accordance with the provisions of chapter 54, as may be appropriate to 59
109	107		carry out the purposes of this part. Such regulations may include, but 60
110	108		are not limited to, regulations defining and governing an executive, 61
111	109		administrative or professional employee and outside salesperson; 62
112	110		learners and apprentices, their number, proportion and length of 63
113	111		service; and piece rates in relation to time rates; and shall recognize, as 64
114	112		part of the minimum fair wage, gratuities in an amount (1) equal to 65
115	113		twenty-nine and three-tenths per cent, and effective January 1, 2009, 66
116	114		equal to thirty-one per cent of the minimum fair wage per hour, and 67
117	115		effective January 1, 2014, equal to thirty-four and six-tenths per cent of 68
118	116		the minimum fair wage per hour, and effective January 1, 2015, equal 69
119	117		to thirty-six and eight-tenths per cent of the minimum fair wage per 70
120	118		hour for persons, other than bartenders, who are employed in the hotel 71
121	119		and restaurant industry, including a hotel restaurant, who customarily 72
122	120		and regularly receive gratuities, (2) equal to eight and two-tenths per 73
123	121		cent, and effective January 1, 2009, equal to eleven per cent of the 74
124	122		minimum fair wage per hour, and effective January 1, 2014, equal to 75
125	123		fifteen and six-tenths per cent of the minimum fair wage per hour, and 76
126	124		effective January 1, 2015, equal to eighteen and one-half per cent of the 77
127	125		minimum fair wage per hour for persons employed as bartenders who 78
128		-	customarily and regularly receive gratuities, and (3) not to exceed 79
129		-	thirty-five cents per hour in any other industry, and shall also 80 Bill No. 7191
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	132	+	customarily and regularly receive gratuities, and (3) not to exceed 79
	133	+	thirty-five cents per hour in any other industry, and shall also 80
136	134		recognize deductions and allowances for the value of board, in the 81
137	135		amount of eighty-five cents for a full meal and forty-five cents for a 82
138	136		light meal, lodging, apparel or other items or services supplied by the 83
139	137		employer; and other special conditions or circumstances which may be 84
140	138		usual in a particular employer -employee relationship. The 85
141	139		commissioner may provide, in such regulations, modifications of the 86
142	140		minimum fair wage herein established for learners and apprentices; 87
143	141		persons under the age of eighteen years; and for such special cases or 88
144	142		classes of cases as the commissioner finds appropriate to prevent 89
145	143		curtailment of employment opportunities, avoid undue hardship and 90
146	144		safeguard the minimum fair wage herein established. Regulations in 91
147	145		effect on July 1, 1973, providing for a board deduction and allowance 92
148	146		in an amount differing from that provided in this section shall be 93
149	147		construed to be amended consistent with this section. 94
150	148		(c) Regulations adopted by the commissioner pursuant to 95
151	149		subsection (b) of this section which define executive, administrative 96
152	150		and professional employees shall be updated not later than October 1, 97
153	151		2000, and every four years thereafter, to specify that such persons shall 98
154	152		be compensated on a salary basis at a rate determined by the Labor 99
155	153		Commissioner. 100
156	154		(d) No employer may take any action to displace an employee, 101
157	155		including, but not limited to, a partial displacement of an employee, 102
158	156		such as reducing the employee's hours, wages or employment benefits 103
159	157		for purposes of hiring learners, beginners and persons under the age of 104
160	158		eighteen years at a rate below the minimum fair wage. If the Labor 105
161	159		Commissioner determines that an employer has knowingly violated 106
162	160		the provisions of this subsection, the commissioner shall suspend the 107
163	161		employer's right to pay the reduced rate for employees for a period of 108
164	162		time specified in regulations adopted pursuant to subsection (b) of this 109
165	163		section. 110
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166	170		This act shall take effect as follows and shall amend the following
167	171		sections:
168		-	Bill No. 7191
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175	173		Section 1 October 1, 2019 31-58(i)
176	174		Sec. 2 October 1, 2019 31-60
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178		-	LAB Joint Favorable
	176	+	Statement of Purpose:
	177	+	To implement the Governor's budget recommendations.
	178	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	179	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	180	+	not underlined.]
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