You asked a series of questions on the state standard wage law. The questions and answers follow.

How is the “standard wage” determined under CGS § 31-57f and when it is changed who is responsible for ensuring that employers use the new wage?

The standard wage law requires certain employers that contract with the state or its agents to provide building or food services must pay their employees not less than standard rates determined by the state labor commissioner. The law requires the commissioner to determine the wage rates for each class of hourly nonsupervisory employees at the minimum hourly wage set in the federal Register of Wage Determinations plus 30% to cover the cost of any health, welfare, and retirement plans (CGS § 31-57f (e)). If the employer does not offer any health, welfare, and retirement plan, the additional 30% must go to the employee in pay.

The law requires any state agency or agent planning to advertise a bid for a contract to contact the labor commissioner at least 10 days in advance to obtain the current standard wage appropriate for that contract and include it in the bid advertisement. The law does not explicitly provide for any updates of the standard wage when it changes during the life of a contract. But the attorney general issued a formal

opinion that employees under a standard wage contract must be paid the higher hourly amount when the wage increases during the life of a contract (Formal Opinion 2003-013 to Labor Commissioner Shaun Cashman).

The attorney general examined the statute's plain language and the legislative history to draw the conclusion that under the law “employees are to receive no less than the standard wage rate in effect at the time their wages are paid to them. This subsection does not state that employees shall be paid at the standard rate in effect at the time a contract proposal was advertised or at the time a contract was executed. ”

In the wake of this opinion, the state Department of Labor (DOL) issued a July 15, 2004 memorandum to all state agents and agencies who enter into contracts pursuant to the standard wage law alerting them to the attorney general's opinion (Service Rates Informational Letter). The memo reads, “ In order to achieve compliance with the formal opinion, each state or state agent contracting or agreeing to services should notify each required employer of this requirement and seek certified payrolls for verification. ”

What are the current standard wage rates per classification?

The state is divided into four areas for standard wage rates. Table 1 shows the current standard wage for Area 1, greater Hartford which includes 38 towns. For the wage rates for all four areas and what towns are in each see the DOL web page: http: //www. ctdol. state. ct. us/wgwkstnd/prevailing-rates/service/rates-service. htm.

Table 1: 2005 Standard Wage Rates (Effective 6/1/05)

Table 1: Continued

Who can ask employers for certified wage records of standard wage contracts?

The state entity issuing the contract or any member of the public may request copies of the employer's certified payroll under the standard wage law. Each covered employer must keep records of each employee's wages and hours worked in accordance with the labor commissioner's procedures. It must also submit, upon request from the contracting agent, a certified payroll including a statement that: (1) the wage paid to each employee is not less than the standard rate; (2) the records are accurate; (3) the employer has complied with recordkeeping rules; and (4) the employer is aware that knowingly filing a false certified payroll is a class D felony. A class D felony carries a fine of up to $ 5,000, five years imprisonment, or both.

Such certified payrolls are public records under the law and are subject to public inspection and copying.

Would new job classifications be required to meet the needs of purchase of service agreements under SB 2101?

SB 2101 (which the governor vetoed) did not require new job classifications as the purchase of service agreements already exist and to the extent the standard wage law applies, job classes already exist. Purchase of service agreements commonly apply to human services contracts for clients of the departments of Social Services, Children and Families, Mental Retardation, Mental Health and Addiction Services, Public Health, and Correction.

JM: ts