STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
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STATE EMPLOYMENT REGULATIONS FOR
CONNECTICUT.
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STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
What’s New
091205 – Connecticut minimum wage will rise from $7.10 per hour to $7.40 per hour on January 1, 2006, then again to $7.65 on January 1, 2007. Minimums for tipped employees will also raise accordingly.
030606 – All commissions due to commissioned salespeople are due with the final
paycheck or on completion of a contract. Salespeople may bring civil suit if they have not received all commissions due.
010109 – Connecticut minimum wage is now $8.00 per hour. Minimums for waitstaff is now $5.52 and bar tenders is $7.12.
111112 - The following sections were added: Access to Personnel Files, Breast Feeding, Job Reference Liability, Crime Victim/Family Violence Leave, New Hire Reporting, Organ and Blood Marrow Leave and Smoking in the Workplace. Changes were made to the following sections: Child Labor, Discrimination, Military Leave, Family Leave, Payment of Wages, Jury Duty, Work Hours and Breaks, Minimum Wage and State Continuation of Benefits.
041013 - Changes were made to the following section: Continuation of Benefits. 071513 - Changes were made to the following sections: Access to Personnel Files,
Discrimination and Military Leave.
101813 - Changes were made to the following sections: Payment of Wages and Military Leave.
STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
Introduction
Employment laws vary from state to state with some being more employee-friendly than others. Federal regulations set minimum standards of worker protections that all employers of a given size must meet. Individual states, however, are free to grant workers additional or expanded rights or protections above this federal minimum.
Virtually all employers in the U.S. are subject to federal employment regulations. Only the smallest, strictly local employers are not subject to federal regulations. If an employer does any of the following, they are participating in interstate commerce and are subject to federal employment regulations:
Production of goods for commerce, such as transportation or communication Use of mail over state lines
Interstate communications using the telephone Use of the Internet over state lines
Interstate communications using electronic mail Make purchases from out-of-state vendors Sell to customers in other states
This summary of employment regulations does not include information for those few employers not subject to the federal minimum employment regulations.
Many states have regulations for public employers that are different than those for employers in the private sector. This document also does not include information on regulations (federal and state) that apply only to public sector employers.
In this document we summarize the workplace regulations and worker protections available in Connecticut. Although not an exhaustive list, it covers the major topics small to mid-sized employers must deal with on a regular basis. Covered areas include:
Wage, hour and overtime rules (including child labor and break rules); Leaves of absence (family leaves, voting time and jury duty);
Discrimination and harassment regulations; and State rules on continuation of benefits.
The federally mandated, but state run new-hire reporting requirements are covered under a separate document, available for download from Libretto or from the Agent 77 store. The following Quick View table summarizes these regulations. This is followed by a more detailed description of these regulations. Please be sure to read both carefully to
QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR
CONNECTICUT
Topic
Connecticut Regulation
Minimum Wage
$8.70 an hour
Special rate of 85% may be applied to minors (under 18 years) for first 200 hours
Tipped hotel and restaurant staff may be paid a minimum of $5.69 Tipped bar tenders may be paid a minimum of $7.34
Some localities have a higher minimum
Overtime Non-exempt employees must be paid at least 1.5 times their regular rate for hours worked over 40 in a given week
Payment of Wages
Employees must be paid every week, no more than 8 days after the close of the period.
Final paychecks must be delivered no later than the following payday for voluntary terminations or layoffs and on the day following the last day of employment for dismissals.
All commissions due to commissioned salespeople are due with the final paycheck or on completion of a contract.
Posting and notification requirements apply.
Accrued vacation benefits are due upon termination of employment.
Work Hours and Breaks
Employees working at least 7.5 contiguous hours must be given a 30-minute or more meal break after the first 2 of work and before the final 2 hours of work.
Employers must provide nursing mothers a private place to express breastmilk during breaks and meal periods.
Employees cannot be compelled to work more than 6 days in any calendar week.
Child Labor
Employers employing minors under 18 must keep an employment certificate on file (issued by Superintendent of Schools)
Federal and Connecticut law prohibit minors in certain occupations. See the U.S. Department of Labor and the Connecticut Department of Labor for information on these prohibitions (contact information is in the reference section). See the details section below for restrictions on hours minors may
QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR
CONNECTICUT
Military Leave
Connecticut's Military Leave law provides for up to 26 weeks of unpaid leave for certain conditions detailed below. The Federal Law includes:
Employers must grant up to 5 years of military leave
Employee must be reinstated to same or equivalent position after completion of military leave
Employers may not terminate or threaten to terminate any employee called to military service
Special benefit rules apply for military leave
Crime Victim/Family Violence Leave
Employers are required to provide unpaid leave for employees who are victims of crime and whose immediate family members are victims of crime.
Employers may limit unpaid leave to 12 days in any calendar year.
Jury Duty
Leave is required
Full wages must be paid for the first 5 days of leave
Employee must be reinstated to same position after completion of jury duty
Voting Time Connecticut has no voting time rules
Family Leave
Under federal FMLA employers with 50 or more employees:
oo Must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours
oo Leave must be granted for birth or adoption of a child, serious
medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for military leave and serious injury or illness of covered service member for military leave.
oo Employee must be reinstated to same or equivalent position after completion of leave
oo Benefits must be maintained during leave
Under Connecticut family leave employers with 75 or more employees:
oo Must grant up to 16 weeks of unpaid family leave in any 24-month period to employees who have completed a year of service and 1000 hours
oo Leave must be granted for birth or adoption of a child, serious medical condition of the employee, or to care for a family member with a serious medical condition (including same-sex partners of employees in a Connecticut Civil Union)
QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR
CONNECTICUT
Organ and Bone Marrow
Donation Leave Eligible employees may take up to 16 work weeks of leave in any 24-month period. Access to Personnel Files Employers must permit an employee to inspect his/her own personnel file or a physician may inspect the employee's medical
records.
Breast Feeding Employers must make reasonable efforts to provide a break room for nursing mothers and mothers breast feeding. Job Reference Liability Employers may provide truthful statements but may not blacklist current/former employees to prevent them from seeking other
employment.
New Hire Reporting Within 20 days of hire, new employees must be reported to the state.
Smoking in the Workplace
Smoking is prohibited in any workplace where 5 or more employees work.
Using or smoking tobacco products are protected from discrimination.
Discrimination and Harassment
Connecticut prohibits employers from discriminating based on ancestry or national origin, race or color, religion, age, marital status, past or present physical or mental disability, genetic information, gender identify or expression, civil union status, AIDS/HIV, sexual orientation, sex (including sexual harassment, pregnancy, childbirth, and other pregnancy-related conditions) or use of tobacco products during non-working hours.
STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
Wage, Hour and Overtime Rules
Employers are subject to the federal minimum wage, hour and overtime rules through the Fair Labor Standards Act. This act specifies that businesses that do at least $500,000 in gross revenue, as well as all health care facilities and schools are subject to the federal rules. Also, employers involved in interstate commerce are subject to the federal rules. Minimum Wage
Connecticut minimum wage is $8.70 per hour. A special rate of 85% of the minimum may be applied to minors (under 18 years of age) working in agriculture or government, and may also be applied to the first 200 hours for minors working in other industries.
Employers who are hotels and restaurants may apply a credit of up to 31% of the minimum wage for tipped employees who are service employees and bartenders provided that the total wages plus tips come to at least the minimum of $8.25 per hour. A credit of up to 11% of the minimum (or $7.34 per hour minimum cash wage) may be applied for tipped
employees who are bartenders, provided that the total wages plus tips come to at least the minimum of $8.25 per hour. Such tip credits may apply only for those hours that an
employee is doing work closely associated with serving patrons. A tip credit of not more than 35 cents per hour apply to employees in any other industry. Other work, such as set-up before opening, must be tracked separately and the tip credit may not be applied. Also, each week that an employer wishes to take a tip credit for an employee, they must have the employee sign a “Tip Credit Statement” (see resources section below).
Be aware that certain local governments in Connecticut have a higher minimum wage or living wage requirements for employees in their jurisdictions. Be sure to contact your city or county government to see if there are any local minimum wage rules for your business. Certain occupations have different regulations that are detailed by the Department of Labor. Finally, both federal and Connecticut regulations allow employers to apply for licenses to pay sub-minimum wages to certain disabled persons. Please contact the U.S. Department of Labor or the Connecticut Department of Labor for more information on applying for these licenses. (Contact information for both are listed in the reference section below.)
Overtime
Connecticut has the same overtime rules as the federal government. That is, for any hours worked over 40 in a given week, non-exempt employees must be paid at least one and one-half times their regular pay.
Like the federal rules Connecticut exempts certain employees from minimum wage and overtime rules. Excluded employee classes include: executive, administrative, professional, outside salespeople, and computer professionals. (Use Libretto’s FLSA Resource Package for help in determining whether a given employee is exempt). Connecticut also permits exemptions for certain small employers not involved in interstate commerce. See the Connecticut Department of Labor web site for a list of these exemptions.
Payment of Wages
STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
changes with regard to wages, vacation pay, sick leave, health and welfare benefits and comparable matter.
Final paychecks must be delivered no later than the following payday when the employee leaves voluntarily or is suspended as part of a labor dispute or is otherwise laid off. When an employee is discharged, the final paycheck must be delivered no later than the day following the last day of employment. All commissions due to commissioned salespeople are due with the final paycheck or on completion of a contract (this does not apply to insurance producers, insurers, or to real estate salespersons with regard to claims against an affiliated real estate broker). Deductions from the final paycheck may not be made without the employee's written consent.
Effective October 1, 2013, where required under the law of another state, state income tax, for the employees performing services of the employer is such other state or employees residing in such states are allowed as deductions from wages.
Accrued vacation benefits are due upon termination. Work Hours and Breaks
Connecticut requires employees working 7½ contiguous hours to have at least a 30-minute meal break after the first 2 hours and before the last 2 hours of work. This meal break need not be paid, unless otherwise established through a collective bargaining agreement. Alternatively, employers may provide at least 30 minutes of paid rest or meal periods within a 7½-hour work period. Employers with 5 or fewer employees on a shift at a job site are exempt from this requirement.
No employer can compel any employee engaged in any commercial occupation or in the work of any industrial process to work more than six (6) days in any calendar week. An employee's refusal to work more than six (6) days will not constitute grounds for his/her dismissal. In addition, no employee who states that a particular day of the week is observed as his/her Sabbath may be required by his/her employer to work on that day.
Connecticut law requires employers to make a reasonable effort to provide a private place near the workplace (not a toilet stall) for a nursing mother to express breastmilk during her break or meal period. Employers may not discriminate or take adverse employment action against an employee exercising her rights to express breastmilk.
Child Labor
Connecticut child labor law requires all employers employing minors under the age of 18 to have Certificate of Age stating the age of the minor (issued by a city or county
superintendent of schools).
Work permits, a birth certificate or other legal proof of age is required for employment of minors under the age of 16.
Employers who employ minors 16 and 17 years of age who have not graduated from high school are subject to the following limits for hours worked per day and per week:
1. When school is NOT in session (including summer vacations and holiday weeks): More than 6 days per week,
STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
Employers who employ minors under the age of 18 years of age who are not enrolled in and have not graduated from high school are subject to the following limits for hours worked per day and per week:
1. In Retail/Mercantile occupations: More than 6 days per week, More than 8 hours per day; nor More than 48 hours per week.
2. In Manufacturing or Mechanical occupations: More than 9 hours per day; nor
More than 48 hours per week.
With respect to any group of employees for which a workweek of less than 5 days has been established, the employer must adhere to the applicable weekly limitation period, but may extend the number of hours per day for each day of the shortened workweek, provided the number of hours is the same for each day of the workweek.
No person under the age of 18 may be employed in any manufacturing, mechanical or mercantile establishment between 10:00 PM and 6:00 AM, except that such minors may be employed until 11:00 PM in manufacturing, mechanical or mercantile and until 12:00 PM (midnight) in a supermarket on nights other than nights preceding a school day.
A minor who is 15 years of age may be employed in mercantile establishments as a bagger, stock clerk, or cashier provided that the employment is: 1) during school vacation when school is not in session for five (5) or more days, except that a minor employed in a retail school store may be employed on any Saturday during the year; 2) for not more than 40 hours in any week; 3) for not more than 8 hours in any day and 4) between the hours of 7:00 AM and 7:00 PM except that from July 1 to the first Monday in September such minor may be employed until 9:00 PM.
No minor 14 or 15 years of age may be employed in agricultural employments for more than six (6) days a week, or for more than eight (8) hours in a day or 48 hours in a week. Such minors must receive at least 30 minutes a day for meal periods.
Please note that certain maximum hours also apply to the elderly, defined as 66 years or older.
Both federal and Connecticut law prohibits minors from working in hazardous or certain other occupations. Certain exceptions to the child labor laws apply to some programs. Please contact the U.S. Department of Labor or the Connecticut Department of Labor for more information on restricted occupations for minor employees.
Leaves of Absence
Military LeaveSTATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
allows a spouse, son or daughter, parent or next of kin to take unpaid military caregiver leave under the state FML law.
Under federal law, employees must be granted up to 5 years of military leave and must be restored to their position (or an equivalent position) within the company as if they had been on furlough. Also, employers may not terminate or threaten to terminate any employee called to military service, Please see Libretto’s White Paper on USERRA for more details on military leave.
Effective October 1, 2013, benefits are to be restored for any military veteran previously denied federal benefits because of discharge or release from service based solely on sexual orientation. Employers must grant military leave without loss of vacation and holiday
benefits.
Also effective October 1, 2013, employees who are required to attend military service or National Guard meetings or drills during regular work hours are eligible for leave.
Employees who, as part of their service in the armed forces of the United States or the state are eligible for military leaves of absence. No such employee shall be subjected to any loss or reduction of vacation or holiday privileges by reason of such absence, or be prejudiced by reason of such absence with reference to promotion or continuation in office or employment. Jury Duty
Effective October 1, 2013, benefits are to be restored for any military veteran previously denied federal benefits because of discharge or release from service based solely on sexual orientation.
Also effective October 1, 2013, employees who are required to attend military service or National Guard meetings or drills during regular work hours are eligible for leave.
Crime Victim/Family Violence Leave
Employees who suffer direct/threatened physical, emotional or financial harm as a result of crimes, or are immediate family members /guardians of homicide victims or crime victims who are minors, physically disabled or incompetent are eligible for leave to attend related court proceedings. Employers may not threaten, terminate or coerce employees who take paid or unpaid leave resulting from being a victim of family violence; however employers may require 7 days' advance notice if the leave is foreseeable.
Employers must permit the employee to take paid or unpaid leave to: 1) seek medical care of psychological or other counseling for physical or psychological injury or disability for the victim; 2) to obtain assistance from a victim services organization on behalf of the victim; 3) to relocate due to such family violence; or 4) to participate in any civil or criminal proceeding related to or resulting from such family violence. Employers may limit unpaid leave to 12 days during any calendar year. Such leave shall not affect any other leave provided under state or federal law.
Upon an employer's request, an employee who takes family violence leave must provide the employer a signed, written statement certifying the leave is being taken for the purpose permitted. Employers may request that the employee provide a police or court record related to the family violence or a signed, written statement that the employee is a victim of family violence.
Please refer to Family Leave section for leave requirements for service workers.
STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
the company as if they had been on furlough. Employees who has served eight (8) hours on jury duty in any one day will be considered as having worked a legal day's work and can't be required by the employer to work past those eight (8) hours. Employees covered by FLSA exemptions serving on a federal or grand jury must be paid their full salary (minus any jury stipend) or risk losing their exemption status.
Voting Time
Connecticut has no voting time leave provisions; however employers may not influence an employee's voting.
Family Leave
Under the federal Family Medical Leave Act, employers with 50 or more employees must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours. This leave must be granted for the birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for a family member with a serious medical condition, and serious illness or injury of covered service member for military family leave. After completion of the leave the employee must be reinstated to the same or an equivalent position (as regards to salary, benefits and seniority). Also, benefits, such as health care coverage and retirement benefits, must be maintained during leave.
Connecticut family leave (which differs from the federal family leave in a few areas) is outlined below:
1. All employers of 75 or more employees have to offer family leave.
2. To qualify for leave an employee must have worked for the same employer the last 12 months for at least 1000 hours within that time. Eligible employees can receive the following benefits:
1. Up to 16 weeks of unpaid leave in any 24-month period and up to 2 weeks of accumulated paid sick leave.
2. This leave must be granted for the birth, foster care or adoption of a child, or a serious medical condition of the employee or family member (including same-sex partners of employees in a Connecticut Civil Union), to care for a child, spouse or parent with a serious health condition, to care for the spouse, son, daughter, parent or next of kin of a current member of the armed forces who is undergoing medical treatment.
3. The employee must be reinstated to the same or equivalent position on returning from leave, retaining all seniority.
4. Employers may require medical certification of any serious health condition requiring leave.
5. Employees must provide 30 days' notice, is possible, otherwise employees must provide as much notice as is practicable.
6. Notice provisions, provided by the Commission on Human Rights, apply.
7. Paid sick leave provisions are applicable to employers who employ more than 50 employees. The law provides for paid sick leave for service workers. The definition of service workers is broad. Please refer to the Connecticut Department of Labor for detailed information. Service workers who have accrued 680 hours of
STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
preventive care of the service worker or the service worker's child or spouse or for an absence relating to family violence or sexual assault.
8. Pregnant employees are eligible for reasonable leave of absence for disability resulting from pregnancy.
Records and documents relating to medical certifications or medical histories of employees or employees' family members must be maintained as confidential medical records, and, if applicable, in conformance with ADA confidentiality requirements.
Organ and Bone Marrow Donation Leave
Employers with 75 or more workers must allow eligible employees who have worked for a covered employer for 12 months or more and for 1,000 hours or more for 12 months to take a leave in order to serve as organ or bone marrow donors. Eligible employees make take up to 16 workweeks of leave within any 24-month period. If the need for leave is
foreseeable, employees must provide 30 days' notice; otherwise employees must five as much notice as is practicable. Leave may be unpaid in full or in part and employers are not required to provide paid leave if any situations when they would not normally provide paid leave.
Other Employment Regulations
Access to Personnel FilesWithin reasonable time after receipt of a written request from an employee, employers must permit: 1) the employee to inspect his/her own personnel file (if such a file exists); or 2) a physician chosen by the employee (or by the employer with the employee's consent) to inspect medical records pertaining to the employee that are in the employer's possession. Such inspections must take place during regular business hours at a location at or
reasonably near the employee's place of employment Employers may require inspections to be in the presence of a designated official. The law does not allow employees or physicians to remove records from the employer's premises. Employers must also provide, upon written request, the employee with a copy of all or part of the employee's personnel file or provide the employee's physician with a copy of the employee's medical records.
Effective October 1, 2013, each employer shall, not more than ten (10) business days after receipt of a written request from a former employee, permit such former employees to inspect, and if requested, copy his/her personnel file, provided the employer receives such written request not later than one (1) year after employment termination. Such inspection shall take place during regular business hours at a location mutually agreed upon by the employer and former employee.
Also effective October 1, 2013, each employer shall provide an employee with a copy of any documentation of any disciplinary action imposed on that employee not more than one (1) business day after the date of imposing such action. Each employer shall immediately provide an employee with a copy of any documented notice of that employee's termination of employment and any performance evaluations.
STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
In general, employers may not disclose individually identifiable information contained in employees' personnel files or medical records to any person or entity not affiliated with or employed by the employers without the written authorization of such employee. Exceptions include information limited to the verification of dates of employment, he employee's title or position and wage and salary.
Breast Feeding
Employers with 1 or more employees may not discriminate against, discipline or take adverse employment actions against an employee because she has elected to exercise her right to express breast milk or breastfeed on site at her workplace during her meal or break period.
Employers must make reasonable efforts to provide a room or other location in close proximity to the work area (other than a toilet stall), where an employee can express her breast milk in private.
Job Reference Liability
Upon application of a current/former employee or prospective employer, employers may provide truthful statements concerning a current/former employee. Employers may not blacklist current/former employees or publish their names/conspire to prevent them from securing other employment. Also, employers may not disclose the criminal history section of application forms to anyone other than the company's personnel department or person in charge of employment or to an employee/agent of the company involved in interviewing the applicant.
Employers may not maintain or subscribe to information bureaus/agencies that furnish personal information that may affect a person's reputation or ability to secure employment, unless the complete record is open to inspection by the subject of the information.
New Hire Reporting
Information on new hires and rehires, including name, address and social security number of the employee and the name, address and FEIN of the employer must be reported within 20 days after the hiring or return to work. Employers must use the Connecticut New Hire Reporting Form, federal form W-4 or an equivalent and sent to FTP. (Information detailed below).
Smoking in the Workplace
Smoking is prohibited in many areas, including in any workplace where five there are (5) or more employees in any business facility. In addition, no employer may require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his/her employment, or otherwise
discriminate against any individual for smoking or using tobacco products outside the course of his/her employment.
An employer must clearly designate the existence and boundaries of each nonsmoking area.
Discrimination and Harassment
Connecticut prohibits discrimination or harassment (most apply to employers with 3 or more employees) based on:
STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
Religion Age
Past or present mental or physical disability Marital status (including civil unions)
Genetic information Sexual orientation AIDS/HIV
Civil Union Status
Gender Identity or Expression
Sex (including sexual harassment, pregnancy, childbirth, childbearing capacity, sterilization, fertility and other pregnancy-related conditions), or
Use of tobacco products during non-working hours Whistleblowing
Employers must post notices of statutory provisions, as provided by the Commission on Human Rights and Opportunities.
Employers with more than 15 employees are also covered by GINA that prohibits discrimination based on genetic testing information.
Employers are prohibited from insisting upon HIV-related tests without first obtaining the consent of the individual.
Employers with fifty (50) or more employees must provide at least two (2) hours of sexual harassment training and education to supervisory personnel. New supervisors must be trained within six (6) months of assuming new duties. Training must include information concerning federal and state laws on sexual harassment and the remedies available to victims of sexual harassment.
Employers with three (3) or more employees must post information concerning the illegality of sexual harassment in a prominent and accessible location in the workplace.
State Continuation of Benefits
State continuation of benefits change frequently. Connecticut state law mandates that employer-sponsored group health plans offer continuation coverage pursuant to federal COBRA and premium assistance pursuant to ARRA. Eligible employees have the right to continue coverage for up to 30 months. Unlike federal COBRA, Connecticut COBRA may be terminated early if the qualified beneficiary becomes eligible for other group health insurance.
The following link accesses state law:
http://www.cga.ct.gov/2011/rpt/2011-R-0503.htm/
Resources/Posters
Connecticut Department of Labor
STATE EMPLOYMENT REGULATIONS FOR CONNECTICUT
United States Department of Labor
http://www.dol.gov/
Commission on Human Rights and Opportunities www.ct.gov/chro/
Connecticut Tip Credit Statement
http://www.ctdol.state.ct.us/wgwkstnd/wage-hour/restaurant.htm#tipcredit
Related Libretto Products
FLSA Resource Package (for help in determining overtime exempt / non-exempt status of employees)
Overtime Guidelines Break Period Guidelines
Family Medical Leave of Absence Policy Military Leave of Absence Policy
Jury Duty-Witness Leave Policy Voting Time Policy
Prohibited Harassment and Nondiscrimination Policy & Employee Acknowledgement COBRA Continuation Coverage Policy
General Notice of COBRA Continuation Coverage Rights
