Connecticut Seal

Substitute House Bill No. 5057

Public Act No. 02-33

AN ACT INCREASING THE MINIMUM WAGE.

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

Section 1. Subsection (j) of section 31-58 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(j) "Minimum fair wage" in any industry or occupation in this state means a wage of not less than [two dollars and sixty-six cents per hour, and effective January 1, 1979, not less than two dollars and ninety-one cents per hour, and effective January 1, 1980, not less than three dollars and twelve cents per hour, and effective January 1, 1981, not less than three dollars and thirty-seven cents per hour, and effective October 1, 1987, not less than three dollars and seventy-five cents per hour, and effective October 1, 1988, not less than four dollars and twenty-five cents per hour, and effective January 1, 1999, not less than five dollars and sixty-five cents per hour, and effective January 1, 2000, not less than six dollars and fifteen cents per hour, and effective January 1, 2001, not less than six dollars and forty cents per hour, and effective January 1, 2002,] six dollars and seventy cents per hour, and effective January 1, 2003, not less than six dollars and ninety cents per hour, and effective January 1, 2004, not less than seven dollars and ten cents per hour, or one-half of one per cent rounded to the nearest whole cent more than the highest federal minimum wage, whichever is greater, except as may otherwise be established in accordance with the provisions of this part. All wage orders in effect on October 1, 1971, wherein a lower minimum fair wage has been established, are amended to provide for the payment of the minimum fair wage herein established except as hereinafter provided. Whenever the highest federal minimum wage is increased, the minimum fair wage established under this part shall be increased to the amount of said federal minimum wage plus one-half of one per cent more than said federal rate, rounded to the nearest whole cent, effective on the same date as the increase in the highest federal minimum wage, and shall apply to all wage orders and administrative regulations then in force. The rates for learners, beginners, and persons under the age of eighteen years shall be not less than eighty-five per cent of the minimum fair wage for the first two hundred hours of such employment and equal to the minimum fair wage thereafter, except institutional training programs specifically exempted by the commissioner.

Sec. 2. Subsection (b) of section 31-60 of the general statutes, as amended by section 2 of public act 01-42, is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(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: (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)] Notwithstanding the provisions of this subsection, for the period commencing January 1, 2002, and ending [December 31, 2002] December 31, 2004, such regulations shall recognize, as part of the minimum fair wage, gratuities in an amount equal to [(A)] (1) 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, who customarily and regularly receive gratuities, and [(B)] (2) 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 with this section without the necessity of convening a wage board or amending said regulations.

Approved May 6, 2002