Substitute House Bill No. 6557

Public Act No. 01-42

AN ACT MAKING TECHNICAL REVISIONS TO CERTAIN LABOR STATUTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (5) of subsection (b) of section 31-3h of the general statutes is repealed and the following is substituted in lieu thereof:

(5) Implementing the federal Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended. Such implementation shall include (A) developing, in consultation with the regional workforce development boards, a single Connecticut workforce development plan that (i) complies with the provisions of said act and section 31-11p, and (ii) includes comprehensive state performance measures for workforce development activities specified in Title I of the federal Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended, which performance measures comply with the requirements of CFR Part 666.10, (B) preparing and submitting a report on the state's progress in achieving such performance measures to the Governor and the General Assembly [on or before said date and annually thereafter] annually on January thirty-first, (C) making recommendations to the General Assembly concerning the allocation of funds received by the state under said act and making recommendations to the regional workforce development boards concerning the use of formulas in allocating such funds to adult employment and job training activities and youth activities, as specified in said act, (D) providing oversight and coordination of the state-wide employment statistics system required by said act, (E) as appropriate, recommending to the Governor that the Governor apply for workforce flexibility plans and waiver authority under said act, after consultation with the regional workforce development boards, (F) developing performance criteria for regional workforce development boards to utilize in creating a list of eligible providers, and (G) on or before December 31, 1999, developing a uniform individual training accounts voucher system that shall be used by the regional workforce development boards to pay for training of eligible workers by eligible providers, as required under said act.

Sec. 2. Subsection (b) of section 31-60 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The Labor Commissioner shall adopt such regulations, in accordance with the provisions of chapter 54, as may be appropriate to carry out the purposes of this part. Such regulations may include, but are not limited to, regulations defining and governing an executive, administrative or professional employee and outside salesperson; learners and apprentices, their number, proportion and length of service; piece rates in relation to time rates; and shall recognize, as part of the minimum fair wage, gratuities in an amount equal to twenty-three per cent of the minimum fair wage per hour for persons employed in the hotel and restaurant industry, including a hotel restaurant, and not to exceed thirty-five cents per hour in any other industry, and shall also recognize deductions and allowances for the value of board, in the amount of eighty-five cents for a full meal and forty-five cents for a light meal, lodging, apparel or other items or services supplied by the employer; and other special conditions or circumstances which may be usual in a particular employer-employee relationship. [Notwithstanding the provisions of this subsection, such regulations shall provide that during the period commencing January 1, 2001, and ending December 31, 2002, the minimum wage for persons employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities shall be four dollars and seventy-four cents per hour, except during said period the minimum wage for bartenders who customarily and regularly receive gratuities shall be six dollars and fifteen cents per hour.] Notwithstanding the provisions of this subsection: (1) For the period commencing January 1, 2001, and ending December 31, 2001, such regulations shall recognize, as part of the minimum fair wage, gratuities in an amount equal to (A) twenty-six per cent of the minimum fair wage per hour for persons employed in the hotel and restaurant industry, including a hotel restaurant, and (B) three and nine-tenths per cent of the minimum fair wage per hour for persons employed as bartenders who customarily and regularly receive gratuities; and (2) for the period commencing January 1, 2002, and ending December 31, 2002, such regulations shall recognize, as part of the minimum fair wage, gratuities in an amount equal to (A) twenty-nine and three-tenths per cent of the minimum fair wage per hour for persons employed in the hotel and restaurant industry, including a hotel restaurant, and (B) eight and two-tenths per cent of the minimum fair wage per hour for persons employed as bartenders who customarily and regularly receive gratuities. The commissioner may provide, in such regulations, modifications of the minimum fair wage herein established for learners and apprentices; persons under the age of eighteen years; and for such special cases or classes of cases as the commissioner finds appropriate to prevent curtailment of employment opportunities, avoid undue hardship and safeguard the minimum fair wage herein established. Regulations in effect on July 1, 1973, providing for a board deduction and allowance in an amount differing from that provided in this section shall be construed to be amended consistent [herewith] with this section without the necessity of convening a wage board or amending said regulations.

Sec. 3. This act shall take effect from its passage.

Approved May 31, 2001