Wage Payment Law Summaries
7-1200Connecticut, Wage Payment Law SummariesConnecticut's wage payment law is codified in the General Statutes of Connecticut at Title 31, Chapter 558. The full text of this law is available beginning at Wages-Hours 7-46,001 .
DEFINITIONS
"Employee" includes any person suffered or permitted to work by an employer (Sec. 31-71a).
"Employer" includes any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased person, the conservator of the estate of an incompetent, or the receiver, trustee, successor or assignee of any of the same, employing any person, including the state and its political subdivisions (Sec. 31-71a).
"Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis of calculation (Sec. 31-71a).
"Refund of wages" means (Sec. 31-73):
(1) the return by an employee to his or her employer, or to any agent of his or her employer, of any sum of money actually paid or owed to the employee in return for services performed; or
(2) payment by the employer or its agent to an employee of wages at a rate less than that agreed to by the employee or by any authorized person or organization legally acting on his or her behalf.
COVERAGE
Connecticut's wage payment law covers individuals, partnerships, associations, joint stock companies, trusts, corporations, the administrators or executors of the estate of a deceased person, the conservators of the estate of an incompetent, or the receivers, trustees, successors or assignees of any of the same, employing any person, including the state and its political subdivisions (Sec. 31-71a).
WHAT THE EMPLOYER MUST DO
Form of payment. --Wages must be paid in cash, by negotiable checks or, upon an employee's written request, by credit to such employee's account in any bank that has agreed with the employer to accept such wage deposits (Sec. 31-71b, as amended by P.A. 00-65 (H. 5157), L. 2000, effective May 16, 2000).
Frequency of payment. --Employers must pay weekly all moneys due each employee on a regular pay day, designated in advance by the employer. The end of the pay period for which payment is made on a regular pay day may not be more than eight days before such regular pay day, provided, if such regular pay day falls on a nonwork day, payment must be made on the preceding work day (Sec. 31-71b, as amended by P.A. 00-65 (H. 5157), L. 2000, effective May 16, 2000).
A local or regional board of education and a recognized or certified exclusive bargaining representative of its certified or noncertified employees may include within their collective bargaining agreement a schedule for the payment of wages to certified employees or noncertified employees that differs from the requirements described just above (Sec. 31-71b(c), as amended by P.A. 04-13 (H. 5400), L. 2004, effective July 1, 2004).
The commissioner may, upon application, waive the weekly payment requirement with respect to any particular week or weeks, and may also, upon application, permit any employer to establish regular pay days less frequently than weekly, provided each employee affected must be paid in full at least once in each calendar month on a regularly established schedule (Sec. 31-71i).
Payment upon discharge. --Whenever an employer discharges an employee, the employer must pay the employee's wages in full not later than the business day next succeeding the date of such discharge (Sec. 31-71c).
Payment when employee quits. --Whenever an employee voluntarily terminates his or her employment, the employer must pay the employee's wages in full not later than the next regular pay day, either through the regular payment channels or by mail (Sec. 31-71c).
Dispute over wages. --In case of a dispute over the amount of wages, the employer must pay, without condition and within the time set by law, all wages or parts thereof conceded by the employer to be due (Sec. 31-71d).
Direct deposit. --Upon an employee's written request, wages may be paid by credit to such employee's account in any bank that has agreed with the employer to accept such wage deposits (Sec. 31-71b, as amended by P.A. 00-65 (H. 5157), L. 2000, effective May 16, 2000).
Payment of strikers. --When work of any employee is suspended as a result of a labor dispute, or when an employee for any reason is laid off, the employer must pay in full to such employee the wages earned by him or her not later than the next regular pay day (Sec. 31-71c).
Payment upon layoff. --When an employee for any reason is laid off, the employer must pay in full to such employee the wages earned by him or her not later than the next regular pay day (Sec. 31-71c).
Deductions from wages. --No employer may withhold any part of the wages of any person because of any agreement expressed or implied requiring notice before leaving the employment (Sec. 31-70).
No employer may withhold or divert any portion of an employee's wages unless (Sec. 31-71e):
(1) the employer is required or empowered to do so by state or federal law;
(2) the employer has written authorization from the employee for deductions on a form approved by the Labor Commissioner; or
(3) the deductions are authorized by the employee, in writing, for medical, surgical or hospital care or service, without financial benefit to the employer and recorded in the employer's wage record book.
Discounting wages. --No employer may make a discount or deduction from the wages of any employee when the wages of the employee or any part thereof are paid at an earlier time than that at which such wages would regularly have been paid (Sec. 31-74).
Payment for vacation. --Whenever an employee is eligible to receive both vacation pay and his or her regular wage payment on the same pay day, his or her employer must compute federal social security and withholding taxes from the regular wage payment and the vacation pay separately (Sec. 31-74a).
Refund of wages. --No employer, contractor, subcontractor, foreman, superintendent or supervisor of labor, may demand, request, receive or exact any refund of wages, fee, sum of money or contribution from any person, or deduct any part of the wages agreed to be paid, upon the representation or the understanding that such refund of wages, fee, sum of money, contribution or deduction is necessary to secure employment or continue in employment. No such person may require, request or demand that any person agree to make payment of any refund of wages, fee, contribution or deduction from wages in order to obtain employment or continue in employment. This section does not apply to any deductions from wages made in accordance with the provisions of any law, or of any rule or regulation made by any governmental agency (Sec. 31-73).
Commissions. --Commissioned sales representatives must be paid all commissions due following termination of a contract; civil relief is available for failure to pay. This provision does not apply to insurance producers, insurers, or to real estate salespersons with regard to claims against an affiliated real estate broker (P.A. No. 05-166 (H. 6072), L. 2005).
NOTICE
Each employer must (1) advise its employees in writing, at the time of hiring, of the rate of remuneration, hours of employment and wage payment schedules; and (2) make available to its employees, either in writing or through a posted notice maintained in a place accessible to employees, any employment practices and policies or change therein with regard to wages, vacation pay, sick leave, health and welfare benefits and comparable matters (Sec. 31-71f).
DEADLINES
Payment upon discharge. --Whenever an employer discharges an employee, the employer must pay the employee's wages in full not later than the business day next succeeding the date of such discharge (Sec. 31-71c).
Payment when employee quits. --Whenever an employee voluntarily terminates his or her employment, the employer must pay the employee's wages in full not later than the next regular pay day (Sec. 31-71c).
Payment of strikers. --When work of any employee is suspended as a result of a labor dispute, or when an employee for any reason is laid off, the employer must pay in full to such employee the wages earned by him or her not later than the next regular pay day (Sec. 31-71c).
Payment upon layoff. --When an employee for any reason is laid off, the employer must pay in full to such employee the wages earned by him or her not later than the next regular pay day (Sec. 31-71c).
ENFORCEMENT
Failure to pay wages. --When any employer fails to pay an employee wages in accordance with the provisions of Connecticut's wage payment law, such employee may recover, in a civil action, twice the full amount of such wages, with costs and such reasonable attorney's fees as may be allowed by the court. Any agreement between the employee and employer for payment of wages other than as specified in the wage payment law is no defense to such action. The Labor commissioner may collect the full amount of any such unpaid wages, as well as interest from the date the wages should have been received, had payment been made in a timely manner. In addition, the commissioner may bring any legal action necessary to recover twice the full amount of unpaid wages, and the employer is required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner will distribute any wages collected pursuant to this section to the appropriate person (Sec. 31-72).
On receipt of a complaint for nonpayment of wages, the Labor Commissioner, the Director of Minimum Wage and wage enforcement agents of the Labor Department have power to enter, during usual business hours, the place of business or employment of any employer to determine compliance with the wage payment laws, and for such purpose may examine payroll and other records and interview employees, call hearings, administer oaths, take testimony under oath and take depositions. The commissioner or the director, for such purpose, may issue subpoenas for the attendance of witnesses and the production of books and records (Sec. 31-76a).
WHO TO CONTACT
Contact Connecticut's Labor Commissioner at 200 Folly Brook Boulevard, Wethersfield, CT 06109-1114. Telephone: (860) 263-6000.
RECORDKEEPING
Inspection of records. --On receipt of a complaint for nonpayment of wages, the Labor Commissioner, the Director of Minimum Wage and wage enforcement agents of the Labor Department have power to enter, during usual business hours, the place of business or employment of any employer to determine compliance with the wage payment laws, and for such purpose may examine payroll and other records. The commissioner or the director, for such purpose, may issue subpoenas for the production of books and records (Sec. 31-76a).
POSTING
Each employer must (1) advise its employees in writing, at the time of hiring, of the rate of remuneration, hours of employment and wage payment schedules; and (2) make available to its employees, either in writing or through a posted notice maintained in a place accessible to employees, any employment practices and policies or change therein with regard to wages, vacation pay, sick leave, health and welfare benefits and comparable matters (Sec. 31-71f).
PENALTIES
Any employer who violates any provision of Connecticut's wage payment law may be (Sec. 31-71g):
(1) fined not less than $2,000 nor more than $5,000 or imprisoned not more than five years or both for each offense if the total amount of all unpaid wages owed to an employee is more than $2,000;
(2) fined not less than $1,000 nor more than $2,000 or imprisoned not more than one year or both for each offense if the total amount of all unpaid wages owed to an employee is more than $1,000; fined not less than $1,000 nor more than $2,000 or imprisoned not more than one year or both for each offense if the total amount of all unpaid wages owed to an employee is more than $1,000 but not more than $2,000;
(3) fined not less than $500 nor more than $1,000 or imprisoned not more than six months or both for each offense if the total amount of all unpaid wages owed to an employee is more than $500 but not more than $1,000; or
(4) fined not less than $200 nor more than $500 or imprisoned not more than three months or both for each offense if the total amount of all unpaid wages owed to an employee is $500 or less.
Deductions from wages. --Any employer who withholds part of the wages of any person because of any agreement expressed or implied requiring notice before leaving the employment shall be fined not more than $50 (Sec. 31-70).
Discounting wages. --Any employer who makes a discount or deduction from the wages of an employee when the wages or any part thereof are paid at an earlier time than that at which such wages would regularly have been paid will be fined not more than $100 (Sec. 31-74).
Refund of wages. --Any person who violates the refund of wages provision of the wage payment law will be fined not more than $100 or imprisoned not more than 30 days for the first offense, and, for each subsequent offense, will be fined not more than $500 or imprisoned not more than six months or both (Sec. 31-73).
Failure to cooperate in investigation. --Any employer who willfully fails to furnish time and wage records as required by law to the Labor Commissioner, the Director of Minimum Wage or any wage enforcement agent upon request or who refuses to admit the commissioner, the director or such agent to its place of employment or who hinders or delays the commissioner, the director or such agent in the enforcement of this section will be fined not less than $25 nor more than $100, and each day of such failure to furnish the time and wage records to the commissioner, the director or such agent constitutes a separate offense, and each day of refusal to admit, of hindering or of delaying the commissioner, the director or such agent constitutes a separate offense (Sec. 31-76a).