Effective July 24, 2009 minimum wage under the FLSA is $7.25 an hour.108
Effective July 24, 2009, the minimum wage is $7.25 an hour.109
Most Connecticut employers are covered under both the Federal Fair Labor Standard Act and Connecticut's minimum wage laws.110 Employers must comply with the laws that provide the higher standard for employees. Minimum wage is currently $8.00 per hour. Effective January 1, 2010, the minimum wage will increase to $8.25 an hour. 112
Under the FLSA, overtime premiums must be paid to non-exempt employees at a rate of not less than 1½ times the regular rate for all hours worked over 40 in a week.113 Only hours actually worked are counted; lunch, break periods, and other time off is not included. The FLSA does not mandate payment of overtime premiums for hours worked in one workday in excess of some amount, and it does not place a limitation on the number of days worked in one week. Therefore, so far as the FLSA is concerned, an employer can work a non-exempt employee any number of hours per workday and pay overtime premiums only when that employee works more than forty hours during the workweek.
As a general matter, employers are responsible for paying overtime to non-exempt employees for work over 40 hours in a week at a rate of 1½ times the regular rate of pay. 114
Residential workers are generally entitled to overtime for all work in excess of 44 hours in a week. 115
Effective July 1, 2009, New York law will prohibit a healthcare employer (as defined by statute) from requiring a nurse (i.e., RN and LPN) from working in excess of his/her regularly scheduled work hours unless one of the following statutory exception applies:
A healthcare disaster (e.g., a natural disaster or another disaster that increases the need for healthcare personnel) unexpectedly affects the county where a nurse is employed, or a contiguous county;
A federal, state, or county declaration of emergency in effect in the county where the nurse is employed, or in a contiguous county;
An ongoing medical or surgical procedure in which the nurse is actively engaged and whose continued presence through the procedure’s completion is necessary to ensure the patient’s health and safety; or
Where a healthcare employer determines that there is an emergency (meaning an unforeseen event that could not be prudently planned for by the employer and does not occur regularly) making overtime necessary to provide safe patient care, provided the healthcare employer makes a good faith effort to have overtime covered on a voluntary basis, e.g., calling per diems, assigning floaters, requesting an additional day of work from off-duty employees, etc., if such staffing options exist.115a
The law does not prohibit a nurse from voluntarily working overtime or diminish rights pursuant to other applicable laws, regulations or collective bargaining agreements.115b
A legal day's work is 8 hours in one day unless agreed otherwise.116 For workweeks in excess of 40 hours, an employee is entitled to overtime pay at 1½ times the employee's regular pay rate.117
Connecticut law prohibits a hospital (as defined by statute) from requiring a nurse (i.e., registered nurse, licensed practical nurse or certified nurse’s aide) from working in excess of his/her predetermined work shift if the shift is determined at least 48 hours prior to the commencement of the shift, unless one of the following statutory exception applies:
· The nurse is participating in an ongoing surgical procedure;
· The nurse works in a critical care unit until relieved by another nurse;
· Public health emergency exists;
· An institutional emergency exists (e.g., adverse weather, catastrophe, widespread illness) such that the hospital administrator opines will significantly reduce the number of nurses available for a scheduled work shift and the hospital made a good faith effort to mitigate the effect of the institutional emergency on the availability of nurses; and
· The nurses is covered by a collective bargaining agreement that addresses the issue of mandatory overtime.
The law does not prohibit a nurse from voluntarily working overtime.117a
The Fair Labor Standards Act does not require payment when employees show up but are not put to work. Therefore, state law governs.
Any employee who reports to work for any day by request or permission of the employer must be paid for at least 4 hours, or for the number of hours worked in the regularly scheduled shift, whichever is less, at the minimum wage.
An employer must pay employees for all time, required or permitted, spent at the prescribed workplace or otherwise on duty. This includes time spent waiting on the premises while no work is provided by the employer, but does not include time provided for meals unless the employee is required or permitted to work during that time. All hours worked by employees are to be rounded to the nearest unit of fifteen minutes.119
Generally, non-exempt employees who are required to remain "on-call" or who are required to remain near the employer's premises so that they cannot use the time effectively for their own personal purposes, are entitled to be compensated for the entire period spent on call.120
New York law does not specifically address on-call time, and New York employers should follow the FSLA provisions above.
An employer must pay employees for time spent on call at a designated location, whether or not the employee is actually called upon to work.121 If an employee is not required to be on call at a designated location but is required to keep the employer informed of his location, or is called upon by the employer to work, the employer must pay the employee from the time the employee is notified of his assignment until the time the assignment is complete.122
Under federal law, employers are not required to compensate non-exempt employees for time spent traveling between the employee's home and the worksite at the beginning and end of the workday.123 However, time spent by a non-exempt employee traveling out of town and back the same day or on a weekend during normal working hours for a work assignment is compensable as hours worked.124
The minimum wage must be paid for employees traveling to the extent that such traveling is part of the duties of the employee.125
An employer must pay an employee for time required or permitted to be traveling for work purposes. "Travel time" does not include the employee's regular commute to and from work, but does include additional time spent commuting when the employer requires or permits the employee to work at a location other than the employee's usual place of employment.126
If the following criteria are met, time spent in training programs, lectures, and meetings does not constitute hours worked: (1) attendance is outside the employee's regular working hours; (2) attendance is entirely voluntary; (3) the course, lecture or meeting is not directly related to the employee's job; and (4) the employee does not perform any productive work during the training.127
There is no specific New York counterpart on compensation for training time. Employers should follow the FLSA.
An employer may pay beginners, learners, and employees under the age of eighteen at a rate of no less than eighty-five percent of the minimum wage for their first two hundred hours of employment. Thereafter, all such employees must be compensated at a rate equal to or greater than the minimum wage.128
Bona fide volunteers, not employees otherwise compensated or coerced to volunteer, are exempt from minimum wage and overtime requirements.1
There is no specific Connecticut counterpart on volunteers. Employers should follow the FLSA.
An individual working as a volunteer for a non-profit institution who is not otherwise compensated or employed by the institution is exempt from minimum wage and overtime requirements.2
The FLSA does not require an employer to pay an hourly non-exempt employee for time when the office is closed, and whether the employee is required to use vacation days is a matter of policy. If the hourly employee is unable to leave the workplace because of inclement weather and continues to work, overtime pay for any hours worked in excess of 40 must be paid. Salaried exempt employees should be paid for days when an office is closed and the employee performs work in the workweek, or the salary basis requirement may be violated and the exempt status of the employee jeopardized.
There is no specific New York counterpart on business closures. Employers should follow the FLSA.
There is no specific Connecticut counterpart on business closures. Employers should follow the FLSA.
Employers should have a written policy on jury and witness duty in order to comply with federal and state laws that prohibit disciplining employees for absence from work to serve. Employers may not retaliate in any way against such employees, nor may they cap the length of time that employees may serve. However, there may be a policy that the employees notify employer promptly of their need for leave to fulfill jury or witness duty, provide proof of jury or witness service to be eligible for leave and wages, and that after a certain length of time the employee's jury service will no longer be paid leave.
Employers may not discharge, intimidate or coerce any employee by reason of the employee's jury service in any federal court. Penalties for violation include repayment of lost wages, attorney's fees, and a civil penalty of up to $1,000 per violation.129
If the employer does not intend to pay employees for lengthy jury service, there must be a written policy in place informing employees. Failure to do so will result in having to pay the employee for the entire length of his or her service.130
Employer must allow employees time off from work to serve as jurors. Employees who notify their employers in advance cannot be discharged or otherwise penalized for taking leave from work to attend jury service. Employers with ten or more employees must pay the first $40 of an employee's daily wages for the first three days of jury service. Violations are punishable as a criminal contempt of court.131 If an employee is subpoenaed as a witness in a criminal proceeding, it may be criminal jury tampering to compel or attempt to compel the employee to avoid testifying.132 New York permits one automatic postponement of jury service, and requests for postponements should be made by employees at least a week before their scheduled date of appearance.
Employees who receive a summons or serve on a jury may not be threatened or otherwise coerced. Employees may be entitled to back wages and attorneys fees, and violators may be fined or imprisoned. Employers must pay employees who work 30 or more hours a week regular wages for the first five days of jury duty, except for days when the employee would not have earned regular wages.133
New York law requires employers with 20 or more employees to provide employees (defined to mean individuals working an average of 20 hours per week) with at least one leave per calendar year of at least three hours duration during the employee’s regularly scheduled work day for the purpose of off-premises blood donation. 133a Employers are not required to allow unused leave time to accrue if an employee fails to use the leave in a calendar year.
As an alternative to providing leave for off-premises donation, an employer may offer two paid leave opportunities at least 60 days apart at a convenient time and location set by the employer (i.e., during an employee’s regular work hours and within a reasonable distance). If the employer opts to use the alternative option, pay must be provided without use of an employee’s existing accrued leave (e.g., vacation, sick or personal time); the duration of each leave must be sufficient to allow donation, recovery, and return; notice of the alternative opportunity must be posted at least two weeks in advance; notice of the second alternative opportunity must be provided no later than December 1; and the alternative opportunities may not be scheduled during a time when a significant number of employees are out of the office. If an employee provides prompt notice that s/he cannot attend an alternative opportunity set up by the employer because the employee is on leave (e.g., vacation or sick leave), the employer must either provide an additional alternative opportunity or allow the employee to take leave for an off-premises donation. Additionally, the employer may require that the employee provide reasonable notice (defined as two days or three working days, depending on the circumstances) prior to taking leave. In the event that an employee is in a position essential to the operation of the employer or necessary to comply with legal requirements, the employer may require extended notice sufficient to fill the position, provided the extended notice does not exceed 10 days and affected employees are notified of this extended notice requirement.
Employers are required to provide written notice to employees of their right to take blood donation leave. This notice must also inform employees who are required to provide extended notice of leave. Notice must be provided in a manner that will ensure the employees will see it, which may include posting or by personal distribution. If delivered directly to employees, it must be disseminated to employees thereafter on an annual basis no later than January 15 and must be provided to new employees at the time of hire.
Generally, under the FLSA, time doing work without the employer's knowledge or authorization is not compensable as hours worked. However, DOL regulations state that it is the employer's duty to ensure that no work is performed unless authorized by the employer, and the employer must enforce any rules against such unauthorized work.134
Even when an employee does work not required by the employer, he or she may be entitled to be compensated for that work if the employer benefits from the work, or knows or has reason to know that such work is being performed and allows it to continue.135 Employers should make every effort to affirmatively prevent employees from performing overtime work. Merely having a policy that prohibits overtime without approval is not enough, even if the employer is not present to monitor or provide approval.
Suggested policies can found in Appendix KK and, for employers with employees who work fluctuating workweeks, Appendix LL.
New York law does not specifically address this issue, and employers should follow the FSLA.
The Connecticut statutes and regulations are silent on work performed without the employer's knowledge. Employers should defer to the federal rules on work performed without the employer's knowledge, which generally require compensation be paid when the employer benefits from the employee's work, or has actual or constructive knowledge of the work being performed and allows the employee to continue by actual or implied consent.
The FLSA does not require employers to provide employees with unpaid meal periods during the workday. If provided, however, "bona fide" meal periods, consisting of 30 minutes or more, are not counted as compensable work time.136
Generally, employees who work a shift of at least six hours are entitled to one 30-minute unpaid meal period for the "noonday meal period." "Noonday meal period" is recognized as extending from 11 a.m. to 2 p.m. Every person who starts work before 11 a.m. and continues working later than 7 p.m. must receive an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m. Likewise, every person employed for a shift of more than six hours between 1:00 p.m. and 6:00 a.m. generally must be allowed at least 45 minutes for a meal period (60 minutes for factory workers.137
An on-duty meal period is permitted by the New York Labor Commissioner where only one person is on duty or in a single occupation, provided that the employee voluntarily agrees with the arrangement.
The New York labor Commissioner permits shorter meal periods (of not less than twenty minutes) provided that there is no indication of employee hardship. Meal periods of less than twenty minutes are allowed only in special cases with the issuance of a permit following an investigation.
For employees working 7½ or more consecutive hours, at least 30 consecutive minutes of a meal period is required between the first 2 hours and last 2 hours of the workday.138 However, employers and employees may enter into a written agreement providing for a different schedule of meal periods.
Employers are exempt from meal period requirements when (1) compliance would be adverse to public safety, (2) the duties of a position may only be performed by one employee, (3) the employer employs less than five employees on a shift at a single place of business provided the exemption shall only apply to the employees on such shift or (4) the continuous nature of an employer's operations, such as chemical production or research experiments, requires that employees be available to respond to urgent or unusual conditions at all times and such employees are compensated for break and meal periods.172
The FLSA does not require an employer to provide rest periods for its employees. The federal regulations do specify, however, that if an employer provides rest periods, the employer must count the rest periods as hours worked (unless the employee is relieved of all duty for purposes of eating regular meals).139
According to the Department of Labor, only employers operating such establishments as factories, hotels, restaurants, etc., must provide their employees with twenty-four consecutive hours of rest in any calendar week.140
The Connecticut statutes and regulations are silent on rest periods, as distinguished from breaks for meals which are required (see Section K above). Employers should follow the federal rules.
Employers are required to
provide nursing mothers reasonable paid or unpaid break time or meal time to
express breast milk in the workplace for up to three years after the birth of a
child.140a
Written notice of
this right can be provided individually to the affected employees or to all
employees, either in a handbook or a posting. Employers must make reasonable
efforts to provide a
Unpaid break time of at least 20 minutes (or 30 minutes if location to express milk is not in close proximity) is to be provided at least once every three hours. However, an employer is permitted to require an employee to postpone her break time for up to 30 minutes until appropriate coverage is available to fill in for the employee . An employee wishing to take this leave must give her employer advanced notice.
Employers are prohibited from discriminating against or permitting a work environment that is hostile to an employee exercising her right to express breast milk in the workplace.
A sample policy is contained in Appendix MM.
Connecticut law
authorizes an employee to express breast milk or breastfeed on site at her
workplace during her meal or break period.140b
Employers are required to make reasonable efforts to provide a room or
other location (other than a toilet stall) in close proximity to the work area
where the employee can express her milk in
Employers are prohibited from discriminating against, disciplining or taking any adverse employment action against an employee because she has elected to exercise her rights express breast milk/breastfeed on site during her meal or rest break.
Beyond the required overtime premium for all hours worked after 40 in one week,141 the FSLA does not provide for premium pay.
Employers are required to pay employees an hour of extra pay at the minimum wage rate, in addition to the minimum wage rate, for each hour that the employee works more than ten hours per day.142
Premium rates of pay for working regular days of rest (e.g., Sundays or a holiday) that are no less than one and one-half times the established rate of pay are not included in the calculation of an employee’s regular rate of pay. Similarly, premium pay provided to an employee working over a particular number of hours in a day or workweek are likewise not included in the calculation of an employees’ regular rate of pay.143
The FLSA does not allow private employers to pay for overtime work using time-off. But, because an employer is permitted to control the amount of time an employee works, an employer may restrict the employee's workweek hours to 40 or under by the use of mandatory compensatory time off within the particular workweek.144
Payment in the form of compensatory time off is not permitted in lieu of paid overtime for non-exempt employees. However, according to the Department of Labor, an employer may restrict a non-exempt employee's workweek hours to 40 or under by the use of mandatory compensatory time off during that same workweek. Thus, if a non-exempt employee who is normally scheduled to work five eight-hour shifts during the week works a ten hour workday, the employer may give the employee two hours of compensatory time off on a different workday during the same workweek in lieu of overtime, provided the employee does not exceed 40 hours during that week. If an employee works more than 40 hours per week, an employer cannot give compensatory time off instead of overtime pay.145
Non-exempt employees who work more than forty hours per week must be paid for additional hours at a rate of one and one-half times the regular rate.146 Thus, compensatory time off is not permitted in lieu of overtime pay. Like the FSLA, nothing in the Connecticut statutes prohibits an employer from limiting its employees' workweek to forty hours through mandatory compensatory time off.
While the FSLA contains no provisions unique to telecommuting employees, employers must nevertheless comply with all applicable federal wage and hour laws for employees who work from their homes or automobiles, including provisions governing overtime and record-keeping.
There are no express statutory provisions regarding "telecommuting." New York does, however, have detailed "industrial homework" laws, which apply to factory workers, garment workers, etc., who manufacture products at home for an employer.
The Connecticut statutes and regulations are silent on telecommuting. However, there are statutes governing in-home manufacturing of products and other industrial homework.147
The FSLA is silent as to the timing and manner of paying wages, which is most often regulated by state statutes.
Generally, wages of manual workers are due weekly, within calendar seven days of the end of the week in which wages were earned. Commission salespeople must be paid wages and other monies earned or payable at least monthly, pursuant to the agreed terms of employment. However, provided that the monthly payment of wages, salary, drawing accounts or commissions are “substantial,” then additional compensation, such as extra or incentive earnings, bonuses and special payments, may be paid less frequently than monthly, pursuant to the terms of the commission salesperson’s employment agreement or compensation plan. Clerical workers and other employees who are not bona fide executive, administrative or professional employees earning in excess of $900 per week must be paid wages at least semi-monthly, on regular paydays designated by the employer.148
Employers cannot require employees, other than executive, administrative or professional employees whose earnings are in excess of $900 per week, to utilize direct deposit of wages absent employee consent.148a
The only deductions from pay authorized are: (i) those required by law or regulation, such as withholding taxes and garnishment orders; or (ii) are authorized in writing by the employee to pay insurance premiums, pension or health and welfare benefits, charitable contributions, payments for U.S. Savings Bonds, labor union dues148b, and similar payments for be benefit of the employee. The record of the authorization must be kept on file on the employer's premises. No other charges against wages are permitted, even if the employee has damaged or taken the employer's property. 149 This limitation on deductions applies to all employees, including executives.149a
The New York Court of Appeals recently held that a national temporary employment firm violated New York law by deducting fees of $1.00-$1.99 from the pay of workers who opted to use company vouchers to obtain their wages in cash from company "dispensing machines."173 The court found that the defendant's fee was not similar to those authorized by New York law. It rejected the defendant's argument that receipt of the voucher and cashing it were separate transactions because the voucher could not be negotiated until the employee used the cash dispensing machine. Further, the defendant benefited from the fees charged to employees, which the court held to be an inequity that the state legislature sought to prevent with wage payment laws.149b
Employers are required to pay wages weekly (unless less frequent paydays have been authorized by the Commissioner of Labor150) by cash, negotiable check, or direct deposit. If a payday falls on a non-workday, wages must be paid on the preceding day.151 Even in a wage dispute, an employer must pay the undisputed part of the wages on time to all employees, exempt and non-exempt.152
An employer may withhold or divert wages only if: (1) state or federal law requires or authorizes the employer to do so; (2) an employee provides written authorization for the deductions on a form that meets the Commissioner's approval; or (3) an employee provides written authorization for deduction for medical expenses, without benefit to employer, and the deduction is recorded in employer's wage records.153 Deductions may not be made before the regular payday or as a condition of continued employment. Withholding any part of wages because an agreement requiring notice before leaving employment is prohibited.154
Employers cannot request or require reimbursement from employees for any loss or shortage incurred as a result of a customer's wrongdoing.155
For employees subject to minimum wage and overtime provisions, the FSLA requires that employees keep records indicating an employee's name, social security number, date of birth (if employee if under 19 years of age), address, gender, occupation, time and day workweek begins, regular rate of pay (including basis of calculation and amounts excluded from calculation), hours worked in each day and each week, compensation (i.e., total wages, total daily or weekly straight-time wages, total premium pay for overtime hours, additions to pay), wage deductions (including employee purchase orders and wage assignments), and paydays (including dates of payment and dates of pay periods). These records are to be retained for at least three year. 156
Employers must generally retain payroll records (which are required to show each employee’s hours worked, gross wages, deductions, and net wages) for at least three years.156a Employers in certain industries may be required to retain payroll records for a greater period of time.156b
Employers are also required to keep, among other records, a "time book" showing the names and addresses of all employees and the hours worked by each non-exempt employee in each day.157
Effective October 26, 2009, New York law requires employers to provide written notice to and obtain written acknowledgement from employees upon hire of their payday, rate of pay and overtime rate of pay.157a
An employer must keep true and accurate records of hours worked and wages paid for each employee for at least 3 years, at the place of employment.158 They must be available for inspection by the Commissioner. An employer who refuses to admit a Commissioner's representative into a place of employment to conduct an investigation or refuses to furnish wage and payroll records or who hinders, obstructs, or delays an investigation is subject to penalties.159
The FSLA prohibits discrimination against an employee because he or she has filed a complaint or instituted or testified in a proceeding related to its provisions.160 The Second Circuit Court of Appeals has limited this anti-retaliation provision to apply to formal complaints or proceedings; it does not apply to adverse actions taken in response to an employee's complaint to a supervisor.161
Retaliation claims in general are covered in greater detail in Chapter XIV.
It is a misdemeanor for an employer to discharge or otherwise discriminate against any employee because the employee has: (1) complained about a violation of the minimum wage law; (2) instituted proceedings pursuant to that law; or (3) testified in an investigation or proceeding under the law.162 An employer who retaliates may be subject to a fine ranging from $200 to $2000.162a Effective November 24, 2009, this potential fine will increase to $1,000 to $10,000 dollars, in addition to the employee’s lost compensation.
An employer is prohibited from discriminating against an employee because of the employee's testimony or participation in an investigation or proceeding before the wage board or related proceeding. The fine for each offense is between one hundred and four hundred dollars.163
Employers, including their officers and directors, held to be in violation of the FLSA may be liable for the amount of the unpaid minimum wages or overtime and an equal amount in liquidated damages.164 Successful plaintiffs may also recover attorneys' fees and costs.165 In addition to civil suits brought by the Department of Labor or private individuals, the Department of Justice may bring criminal actions for willful violations of the statute which can result in fines up to $10,000 and, for a second conviction, a prison sentence of up to six months.166
In addition to providing for recovery of wages, New York Labor Law permits employees to claim costs and attorneys' fees.167 Liquidated damages equal to twenty-five percent of the wages found to be due are also available if the employee shows that the violation was willful. Effective November 24, 2009, the willful standard for liquidated damages is amended to a standard requiring the employer to demonstrate that it had a good faith basis for believing its wage underpayment complied with the law.167a New York law also provides for civil penalties of $50 for each violation of the wage laws168 and criminal sanctions of up to $10,000 or imprisonment for up to one year.169
An employer who fails to pay overtime when it is due, or pays less than the minimum wage is subject to a civil suit by the employee, who may recover twice the amount owed.170 An employer who agrees to pay less than minimum wage to an employee is subject to a fine and imprisonment in proportion to the amount of unpaid wages owed and the number of offenses.171
109 The New York Department of Labor's Internet site is www.labor.state.ny.us. To obtain the Minimum Wage Posters and Wage Summaries, go to http://www.labor.state.ny.us/workerprotection/laborstandards/employer/posters.shtm.
110 Conn. Gen. Stat. §§ 31-58 to 31-76m. The Connecticut Department of Labor's Internet site is www.ctdol.state.ct.us.
111 Conn. Gen. Stat. § 31-58(j).
114 N.Y. Labor Law §§ 190(7) and 191(d).
115 New York State Department of Labor.
115a N.Y. Lab. Law § 167. N.Y. Education Law § 6510-e is likewise amended to confirm that a LPN or RN’s refusal to work beyond his or her regularly scheduled hours will not “solely constitute patient abandonment or neglect,” except under the specific circumstances noted in N.Y. Lab. Law § 167(e).
117 Conn. Gen. Stat. § 31-76(c), 31-76(e).
119 Conn. Agencies Regs. § 31-60-11(a).
121 Conn. Agencies Regs. § 31-60-11(b).
122 Conn. Agencies Regs. § 31-60-11(c).
123 29 U.S.C. § 254(a); 29 C.F.R. § 785.35.
124 29 U.S.C. §§ 785.37-785.38.
125 12 N.Y.C.R.R. § 142-2.1(d).
126 Conn. Agencies Regs. § 31-60-10(a)-(d).
128 Conn. Gen. Stat. § 31-58(j).
130 United .States v. Adamita, 701 F. Supp. 85 (S.D.N.Y. 1988).
133 Conn. Gen. Stat. § 51-247a (compensation); § 51-247a (no threats or coercion).
135 29 C.F.R. § 785.11, 785.12.
137
N.Y. Labor Law §§
162. The New York Department of Labor's guidance on meal periods can be located
at
http://www.labor.state.ny.us/html/employer/meals.html.
Under New York Labor Law section 218, the Labor Department may seek civil
penalties of up to $1,000 for the first offense, up to $2,000 for the second
offense, and up to $3,000 for each subsequent offense. There is no
138 Conn. Gen. Stat. § 31-51ii.
140
N.Y. Lab. Law §
161. Under NewYork Labor Law section 218, the Labor Department may seek civil
penalties of up to $1,000 for the first offense, up to $2,000 for the second
offense, and up to $3,000 for each subsequent offense. There is no
140b Conn. Gen. Stat. § 31-40w.
142 12 N.Y.C.R.R. § 142-2.3. The same applies to a split shift, a scheduled workday in which the hours required or permitted to be worked are not consecutive. A meal period of one hour or less is not considered to be an interruption in a shift. If the employee's wage rate multiplied by the number of hours actually worked during that week is equal to or greater than the minimum wage multiplied by the number of hours the employee actually worked during that week plus any hours not worked but awarded for split shift and/or working more than ten hours during a day, then the employer does not need to pay for the hours not worked. Thus, the New York Department of Labor's enforcement policy creates a "pay floor" which is satisfied if an employee' total actual pay exceeds the minimum wage multiplied by actual hours worked plus one hour for each split shift.
143 Conn. Gen. Stat. § 31-76b(1).
144 N.Y. Lab. Law § 652(1); 29 U.S.C. §206.
146 Conn. Gen. Stat. § 31-76(c).
147 Conn. Gen. Stat. § 31- 29 to 31 - 33.
148b Deductions for payments for the benefit of employees may not exceed a total of ten percent of the gross wages due to the employee for a payroll period. See N. Y. Comp. Codes, R. & Regs. tit. 12, § 195.1
149a In Pachter v. Bernard Hodes Group Inc., 891 N.E.2d 279 (N.Y. 2008), the New York Court of Appeals held that “an ‘executive’ falls within the ambit of the protections afforded to ‘employees’ under sections 190 and 193 of the Labor Law
149b The New York Court of Appeals has also recently addressed the issue of when a commission is earned. In Pachter v. Bernard Hodes Group, Inc., 10 N.Y.3d 609 (2008), New York’s highest court held that employers and employees are free to add “whatever conditions they wish” to their agreement as to when a commission is earned, and “may provide that the calculation of a commission will include certain downward adjustments from gross sales, billings, or receivables.”[1] In this case, a commission is not “earned” or vested until computation of the agreed-upon formula, and thus the inclusion of various business costs when calculating the employee’s commission does not constitute an improper deduction. Although the court noted that the agreement may be either express or implied, New York law requires employers and commission salespersons to reduce the agreed terms of employment to writing, including “a description of how wages, salary, drawing account, commissions and all other monies earned and payable are calculated.”[1] Failure to reduce the terms to writing gives rise to a presumption that the terms of employment presented by the commissioned salesperson are accurate.
150 Conn. Gen.. Stat. § 31-71i provides that upon application to the Commissioner of Labor, the provisions in § 31-71b, which require weekly payment of wages, may be waived with respect to any particular week or weeks and may also, upon application, be waived to permit the establishment of regular pay days less frequently than weekly provided each employee affected shall be paid in full at least once in each calendar month on a regular established schedule.
151 Conn. Gen. Stat. § 31-71b(b).
152 Conn. Gen. Stat. § 31-71c(a) and (c).
153 Conn. Gen. Stat. § 31-71e.
155 Conn. Gen. Stat. § 31-51hh.
156b See, e.g., 12 N.Y. C.R.R. §138-3.1.
157a N.Y. Lab. Law § 195.
159 Conn. Gen. Stat. § 31-69(c).
161 Lambert v. Genesee Hosp., 10 F.3d 46 (2d Cir. 1993). Eight other Circuit Courts of Appeals, however, have held that informal complaints entitle employees to coverage under the anti-retaliation provisions of the FSLA. See Lambert v. Ackerley, 180 F.3d 997, 1003 (9th Cir. 1999) (collecting cases).
163 Conn. Gen. Stat. § 31-69(a).
171 Conn. Gen. Stat. § 31-69(b).
172 Conn. Gen. Stat. § 31-51ii
172 Angello v. Labor Ready Inc., 7 N.Y.3d 579 (N.Y. App. Div. 2006).
1 29 U.S.C. § 203(g); see also Tony & Susan Alamo Found. v. Secretary of Labor, 471 U.S. 290 (1985) (considering whether volunteers were subject to the FLSA); see also DOL Opinion Letter, 2001 WL 1870384 (July 31, 2001) (considering factors such as nature of business entity receiving services; the receipt by the worker (or expectation thereof) of any benefits from those for whom the services are performed; whether the activity is less than a full-time occupation; whether regular employees are displaced; whether the services are offered freely without pressure or coercion; and whether the services are of the kind typically associated with volunteer work).
2 12 N.Y.C.R.R. § 142-3.12.