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repealed and the following is substituted in lieu thereof (Effective 2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