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General Assembly Substitute Bill No. 1177
January Session, 2023
AN ACT CONCERNING ONE FAIR WAGE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-60 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) [Except as provided in subdivision (5) of subsection (i) of section 3
31-58, any] Any employer who pays or agrees to pay to an employee 4
less than the minimum fair wage or overtime wage shall be deemed in 5
violation of the provisions of this part. 6
(b) The Labor Commissioner shall adopt such regulations, in 7
accordance with the provisions of chapter 54, as may be appropriate to 8
carry out the purposes of this part. Such regulations may include, but 9
are not limited to, regulations defining and governing an executive, 10
administrative or professional employee and outside salesperson; 11
[learners and apprentices, their number, proportion and length of 12
service;] and piece rates in relation to time rates; and shall recognize, 13
as part of the minimum fair wage, [gratuities in an amount (1) equal to 14
twenty-nine and three-tenths per cent, and effective January 1, 2009, 15
equal to thirty-one per cent of the minimum fair wage per hour, and 16
effective January 1, 2014, equal to thirty-four and six-tenths per cent of 17
the minimum fair wage per hour, and effective January 1, 2015, and 18
ending on June 30, 2019, equal to thirty-six and eight-tenths per cent of 19 Substitute Bill No. 1177
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the minimum fair wage per hour for persons, other than bartenders, 20
who are employed in the hotel and restaurant industry, including a 21
hotel restaurant, who customarily and regularly receive gratuities, (2) 22
equal to eight and two-tenths per cent, and effective January 1, 2009, 23
equal to eleven per cent of the minimum fair wage per hour, and 24
effective January 1, 2014, equal to fifteen and six-tenths per cent of the 25
minimum fair wage per hour, and effective January 1, 2015, and 26
ending on June 30, 2019, equal to eighteen and one-half per cent of the 27
minimum fair wage per hour for persons employed as bartenders who 28
customarily and regularly receive gratuities, and (3) not to exceed 29
thirty-five cents per hour in any other industry, and shall also 30
recognize] deductions and allowances for the value of board, in the 31
amount of eighty-five cents for a full meal and forty-five cents for a 32
light meal, lodging, apparel or other items or services supplied by the 33
employer; and other special conditions or circumstances which may be 34
usual in a particular employer -employee relationship. The 35
commissioner may provide, in such regulations, modifications of the 36
minimum fair wage herein established [for learners and apprentices; 37
persons under the age of eighteen years; and] for such special cases or 38
classes of cases as the commissioner finds appropriate to prevent 39
curtailment of employment opportunities, avoid undue hardship and 40
safeguard the minimum fair wage herein established. Regulations in 41
effect on July 1, 1973, providing for a board deduction and allowance 42
in an amount differing from that provided in this section shall be 43
construed to be amended consistent with this section. 44
(c) Regulations adopted by the commissioner pursuant to 45
subsection (b) of this section which define executive, administrative 46
and professional employees shall be updated not later than October 1, 47
2000, and every four years thereafter, to specify that such persons shall 48
be compensated on a salary basis at a rate determined by the Labor 49
Commissioner. 50
[(d) (1) Effective July 1, 2019, the Labor Commissioner shall 51
recognize, as part of the minimum fair wage, gratuities in an amount 52 Substitute Bill No. 1177
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equal to the difference between the minimum fair wage and the 53
employer's share per hour for persons, other than bartenders, who are 54
employed in the hotel and restaurant industry, including a hotel 55
restaurant, who customarily and regularly receive gratuities. The 56
Labor Commissioner shall also recognize, as part of the subminimum 57
wage established in subdivision (5) of subsection (i) of section 31-58, 58
gratuities in an amount equal to the difference between such 59
subminimum wage and the employer's share per hour for persons, 60
other than bartenders, who are employed in the hotel and restaurant 61
industry, including a hotel restaurant, who customarily and regularly 62
receive gratuities. 63
(2) Effective July 1, 2019, the Labor Commissioner shall recognize, as 64
part of the minimum fair wage, gratuities in an amount equal to the 65
difference between the minimum fair wage and the employer's share 66
per hour for persons employed as bartenders who customarily and 67
regularly receive gratuities. 68
(3) As used in this subsection "employer's share" means (A) six 69
dollars and thirty-eight cents per hour for persons, other than 70
bartenders, who are employed in the hotel and restaurant industry, 71
including a hotel restaurant, who customarily and regularly receive 72
gratuities, and (B) eight dollars and twenty-three cents per hour for 73
persons employed as bartenders who customarily and regularly 74
receive gratuities. 75
(4) Notwithstanding any other law or regulation, any claim brought 76
under this subsection, section 31-68 as it relates to gratuities as part of 77
the minimum wage or section 31-62-E3 of the regulations of 78
Connecticut state agencies filed after September 24, 2022, shall be 79
adjudicated, solely, under section 31-60-2 of the regulations of 80
Connecticut state agencies effective on September 24, 2020, and any 81
amendments thereto. 82
(e) On and after October 1, 2020, no employer may take any action 83
to displace an employee, including, but not limited to, a partial 84 Substitute Bill No. 1177
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displacement of an employee, such as reducing the employee's hours, 85
wages or employment benefits, for purposes of hiring persons under 86
the age of eighteen years at a rate below the minimum fair wage. If the 87
Labor Commissioner determines that an employer has violated this 88
subsection, the commissioner shall suspend the employer's right to pay 89
the reduced rate for employees for a period of time specified in 90
regulations adopted pursuant to subsection (b) of this section.] 91
Sec. 2. Subdivisions (5) and (6) of subsection (i) of section 31-58 of 92
the general statutes are repealed and the following is substituted in 93
lieu thereof (Effective October 1, 2023): 94
[(5) The rates for all persons under the age of eighteen years, except 95
emancipated minors, shall be not less than eighty-five per cent of the 96
minimum fair wage for the first ninety days of such employment, or 97
ten dollars and ten cents per hour, whichever is greater, and shall be 98
equal to the minimum fair wage thereafter, except in institutional 99
training programs specifically exempted by the commissioner.] 100
[(6)] (5) After two consecutive quarters of negative growth in the 101
state's real gross domestic product, as reported by the Bureau of 102
Economic Analysis of the United States Department of Commerce, the 103
Labor Commissioner shall report his or her recommendations, in 104
writing, to the Governor regarding whether any scheduled increases in 105
the minimum fair wage pursuant to this section should be suspended. 106
Upon receiving the report, the Governor may submit his or her 107
recommendations regarding the suspension of such minimum fair 108
wage increases to the General Assembly. 109
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 31-60
Sec. 2 October 1, 2023 31-58(i)(5) and (6)
LAB Joint Favorable Subst. Substitute Bill No. 1177
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