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General Assembly Raised Bill No. 6842
January Session, 2025
LCO No. 256
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING THE MINIMUM FAIR WAGE AND PERSONS
EMPLOYED AT CANNABIS ESTABLISHMENTS.
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 Section 31-60 of the general statutes is repealed and the 1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, 2025): 2
(a) Except as provided in subdivision (5) of subsection (i) of section 3
31-58, any employer who pays or agrees to pay to an employee less than 4
the minimum fair wage or overtime wage shall be deemed in violation 5
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, as 13
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
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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
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 ending 26
on June 30, 2019, equal to eighteen and one-half per cent of the minimum 27
fair wage per hour for persons employed as bartenders who customarily 28
and regularly receive gratuities, and (3) not to exceed thirty-five cents 29
per hour in any other industry, and shall also recognize deductions and 30
allowances for the value of board, in the amount of eighty-five cents for 31
a full meal and forty-five cents for a light meal, lodging, apparel or other 32
items or services supplied by the employer; and other special conditions 33
or circumstances which may be usual in a particular employer-34
employee relationship. The commissioner may provide, in such 35
regulations, modifications of the minimum fair wage herein established 36
for learners and apprentices; persons under the age of eighteen years; 37
and for such special cases or classes of cases as the commissioner finds 38
appropriate to prevent curtailment of employment opportunities, avoid 39
undue hardship and safeguard the minimum fair wage herein 40
established. Regulations in effect on July 1, 1973, providing for a board 41
deduction and allowance in an amount differing from that provided in 42
this section shall be construed to be amended consistent with this 43
section. Nothing in this section, or any regulation adopted pursuant to 44
this section, shall be construed to require the Labor Commissioner to 45
recognize, as part of the minimum fair wage, gratuities in an amount 46
equal to the difference between the minimum fair wage and the 47
employer's share for persons who are employed at a cannabis 48
establishment. For purposes of this subsection, "cannabis establishment" 49
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has the same meaning as provided in section 21a-420. 50
(c) Regulations adopted by the commissioner pursuant to subsection 51
(b) of this section which define executive, administrative and 52
professional employees shall be updated not later than October 1, 2000, 53
and every four years thereafter, to specify that such persons shall be 54
compensated on a salary basis at a rate determined by the Labor 55
Commissioner. 56
(d) (1) Effective July 1, 2019, the Labor Commissioner shall recognize, 57
as part of the minimum fair wage, gratuities in an amount equal to the 58
difference between the minimum fair wage and the employer's share 59
per hour for persons, other than bartenders, who are employed in the 60
hotel and restaurant industry, including a hotel restaurant, who 61
customarily and regularly receive gratuities. The Labor Commissioner 62
shall also recognize, as part of the subminimum wage established in 63
subdivision (5) of subsection (i) of section 31-58, gratuities in an amount 64
equal to the difference between such subminimum wage and the 65
employer's share per hour for persons, other than bartenders, who are 66
employed in the hotel and restaurant industry, including a hotel 67
restaurant, who customarily and regularly receive gratuities. 68
(2) Effective July 1, 2019, the Labor Commissioner shall recognize, as 69
part of the minimum fair wage, gratuities in an amount equal to the 70
difference between the minimum fair wage and the employer's share 71
per hour for persons employed as bartenders who customarily and 72
regularly receive gratuities. 73
(3) As used in this subsection "employer's share" means (A) six dollars 74
and thirty-eight cents per hour for persons, other than bartenders, who 75
are employed in the hotel and restaurant industry, including a hotel 76
restaurant, who customarily and regularly receive gratuities, and (B) 77
eight dollars and twenty-three cents per hour for persons employed as 78
bartenders who customarily and regularly receive gratuities. 79
(4) Notwithstanding any other law or regulation, any claim brought 80
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under this subsection, section 31-68 as it relates to gratuities as part of 81
the minimum wage or section 31-62-E3 of the regulations of Connecticut 82
state agencies filed after September 24, 2022, shall be adjudicated, solely, 83
under section 31-60-2 of the regulations of Connecticut state agencies 84
effective on September 24, 2020, and any amendments thereto. 85
(e) On and after October 1, 2020, no employer may take any action to 86
displace an employee, including, but not limited to, a partial 87
displacement of an employee, such as reducing the employee's hours, 88
wages or employment benefits, for purposes of hiring persons under the 89
age of eighteen years at a rate below the minimum fair wage. If the Labor 90
Commissioner determines that an employer has violated this 91
subsection, the commissioner shall suspend the employer's right to pay 92
the reduced rate for employees for a period of time specified in 93
regulations adopted pursuant to subsection (b) of this section. 94
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 31-60
Statement of Purpose:
To clarify that persons employed at cannabis establishments are to be
paid the minimum fair wage.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]