February Session, 2018
LCO No. 4696
SEN. LOONEY, 11th Dist.
SEN. MOORE, 22nd Dist.
SEN. GOMES, 23rd Dist.
SEN. DUFF, 25th Dist.
SEN. OSTEN, 19th Dist.
"AN ACT ESTABLISHING A TASK FORCE TO STUDY INTERVENTIONS FOR AT-RISK YOUTH."
Strike everything after the enacting clause and substitute the following in lieu thereof:
"Section 1. (NEW) (Effective October 1, 2018) (a) For the purposes of this section:
(1) "Employee" means any person (A) paid on an hourly basis, or (B) not exempt from the minimum wage and overtime compensation requirements of the Fair Labor Standards Act of 1938 and the regulations promulgated thereunder, as amended from time to time, and (C) employed in:
(i) Any occupation in the mercantile trade, defined as the trade of wholesale or retail selling of commodities and any operation supplemental or incidental thereto, including, but not limited to, buying, delivery, maintenance, office, stock and clerical work and excluding repair and service employees if the majority of their duties are unrelated to the mercantile trade;
(ii) Any restaurant occupations, including all persons engaged in the preparation and serving of food for human consumption, or in any operation incidental or supplemental thereto irrespective of whether the food is served at or away from the point of preparation, and irrespective of whether the preparation and serving of food is the sole business of the employing establishment or enterprise, with the exception that this definition shall not include the preparation and serving of food in a nonprofit educational, charitable or religious organization where the food service is not regularly available to the general public, or the preparation and serving of food in hospitals, convalescent homes or homes for the elderly where the food service is not regularly available to the general public and is incidental to the care of the patient. This occupation includes, but is not limited to, employees of restaurants, cafeterias, that portion of hotel business involving the preparation and serving of food, commissaries, fast food outlets, grills, coffee shops, luncheonettes, sandwich shops, tearooms, nightclubs, cabarets, automats, caterers, frankfurter stands, operators of food vending machines and that portion of the business involving the serving of food in department stores, drugstores, candy stores, bakeries, pizzerias, delicatessens, places of amusement and recreation, commercial and industrial establishments and social, recreational, fraternal and professional clubs that either regularly or intermittently serve food, as well as other establishments or businesses meeting the condition stated in this paragraph;
(iii) Any occupation within a hotel, motel, resort or casino with one of the following broad or detailed occupation code numbers and titles, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system: 35-3010 Bartenders; 35-9020 Dishwashers; 35-9030 Hosts and Hostesses, Restaurant, Lounge and Coffee Shop; 37-2010 Building Cleaning Workers; 37-3010 Grounds Maintenance Workers; 39-3030 Ushers, Lobby Attendants and Ticket Takers; 39-6010 Baggage Porters, Bellhops and Concierges; 43-4080 Hotel, Motel and Resort Desk Clerks; 43-4170 Receptionists and Information Clerks; and
(iv) Any occupation within a nursing or residential care facility defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system: 31-1130 Nursing Assistants, Orderlies and Psychiatric Aides;
(2) "Employer" has the same meaning as provided in section 31-71a of the general statutes, who employs not less than twenty-five employees;
(3) "Regular rate" has the same meaning as provided in section 31-76b of the general statutes;
(4) "Shift" means the consecutive hours an employer schedules an employee to work, or to be available to report to work at the request or permission of the employer, provided that a break of one hour or less shall not be considered an interruption of consecutive hours; and
(5) "Work schedule" means a written notice of an employee's regular and on-call hours during a consecutive seven-day period.
(b) An employee shall receive one-half of such employee's regular rate of pay for any scheduled hours such employee does not work due to the employer cancelling or reducing scheduled work hours (1) after such employee reports to work on any day, or (2) when the employer notifies such employee of the reduction or cancellation within twenty-four hours of the scheduled start of such shift.
(c) No compensation is owed under subsection (b) of this section when scheduled work hours are reduced or canceled due to:
(1) A written employee request, including, but not limited to, a request to use sick leave, vacation leave or other leave policies offered by the employer;
(2) A mutually agreed upon shift trade or coverage arrangement between employees, subject to any existing employer policy regarding required conditions for employees to exchange shifts; or
(3) The inability of an employer to begin or continue operations due to:
(i) Threats to the employees or the employer's property;
(ii) The failure of a public utility or the shutdown of public transportation;
(iii) A fire, flood or other natural disaster;
(iv) A state of emergency declared by the Governor or the President of the United States; or
(v) Severe weather conditions that pose a threat to employee safety, as determined by the Labor Commissioner.
(d) Nothing in subsection (b) of this section shall prohibit an employer from adopting policies related to scheduling that are more beneficial to an employee than those required pursuant to this section.
(e) Nothing in subsection (b) of this section shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing policies that are more beneficial to an employee than those required herein.
(f) Nothing in subsection (b) of this section shall prohibit any employer from scheduling an employee for a shift with less than twenty-four hours' notice, provided such shift is mutually agreed upon in writing by the employee and employer.
(g) Each employer shall keep at the place of employment for a period of three years a true and accurate record of the shifts worked each day and each week by each employee, each employee's work schedule and any revisions to such work schedule.
(h) The Labor Commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to provide for the implementation and enforcement of the provisions of this section."
This act shall take effect as follows and shall amend the following sections:
October 1, 2018