Sec. 31-58. Definitions.
Sec. 31-58. Definitions. As used in this part:
(a) "Commissioner" means the Labor Commissioner;
(b) "Wage board" means a board created as provided in section 31-61;
(c) "Fair wage" means a wage fairly and reasonably commensurate with the value
of a particular service or class of service rendered, and, in establishing a minimum fair
wage for such service or class of service under this part, the commissioner and the wage
board, without being bound by any technical rules of evidence or procedure, (1) may
take into account all relevant circumstances affecting the value of the services rendered,
including hours and conditions of employment affecting the health, safety and general
well-being of the workers, and (2) may be guided by such considerations as would guide
a court in a suit for the reasonable value of services rendered where services are rendered
at the request of an employer without contract as to the amount of the wage to be paid
and (3) may consider the wages, including overtime or premium rates, paid in the state
for work of like or comparable character by employers who voluntarily maintain minimum fair wage standards;
(d) "Department" means the Labor Department;
(e) "Employer" means any owner or any person, partnership, corporation, limited
liability company or association of persons acting directly as, or in behalf of, or in the
interest of an employer in relation to employees, including the state and any political
subdivision thereof;
(f) "Employee" means any individual employed or permitted to work by an employer but shall not include any individual employed in camps or resorts which are open
no more than six months of the year or in domestic service in or about a private home,
except any individual in domestic service employment as defined in the regulations of
the federal Fair Labor Standards Act, or an individual employed in a bona fide executive,
administrative or professional capacity as defined in the regulations of the Labor Commissioner or an individual employed by the federal government, or any individual engaged in the activities of an educational, charitable, religious, scientific, historical, literary or nonprofit organization where the employer-employee relationship does not, in
fact, exist or where the services rendered to such organizations are on a voluntary basis,
or any individual employed as a head resident or resident assistant by a college or university, or any individual engaged in baby sitting, or an outside salesman as defined in the
regulations of the federal Fair Labor Standards Act; or any individual employed by a
nonprofit theater, provided such theater does not operate for more than seven months
in any calendar year;
(g) A resort is defined as an establishment under one management whose principal
function it is to offer lodging by the day, week, month or season, or part thereof, to
vacationers or those in search of recreation;
(h) "Employ" means to employ or suffer to work;
(i) "Wage" means compensation due to an employee by reason of his employment;
(j) "Minimum fair wage" in any industry or occupation in this state means a wage
of not less than 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, and effective January 1, 2006, not less
than seven dollars and forty cents per hour, and effective January 1, 2007, not less than
seven dollars and sixty-five cents per hour, and effective January 1, 2009, not less than
eight dollars per hour, and effective January 1, 2010, not less than eight dollars and
twenty-five 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.
(1949 Rev., S. 3786; 1951, S. 2025d; 1957, P.A. 435, S. 1, 2; 1959, P.A. 683, S. 1; 1961, P.A. 519, S. 1, 2; 1963, P.A.
357; 1967, P.A. 484, S. 1; 492, S. 1; 565, S. 1; 1969, P.A. 535; 1971, P.A. 45, S. 1; 85, S. 1; 615, S. 1, 2; 616, S. 1; 1972,
P.A. 116, S. 1; P.A. 73-82, S. 3, 4; P.A. 77-154; 77-329; P.A. 78-358, S. 3, 6; P.A. 79-41; P.A. 83-537, S. 1; P.A. 87-366,
S. 1; P.A. 93-144, S. 2; P.A. 95-79, S. 114, 189; P.A. 98-44; P.A. 00-144, S. 1; P.A. 02-33, S. 1; P.A. 05-32, S. 1; P.A. 08-92, S. 1.)
History: 1959 act added "owner" and "partnership" to Subsec. (e) and the proviso and authority to define executive,
etc., capacity by regulation to Subsec. (f); 1961 act added to Subsec. (f) the clause re employees of industry and increased
the minimum wage rate provided for by Subsec. (j); 1963 act included beginners in minimum wage provisions of Subsec.
(j), specified that $0.95 minimum wage for learners, beginners and persons under eighteen applies for the first 500 hours
of employment, set rate at $1.25 thereafter and exempted institutional training programs designated by commissioner from
pay provision; 1967 acts redefined "employee" to delete reference to individuals exempt under specified Subdivs. of Fair
Labor Standards Act and individuals employed in industries for which wage orders have been established as employees,
redefined "minimum fair wage", revising wage amounts and reducing hours at which beginners, etc. are paid a lesser
amount from 500 to 200; 1969 act redefined "minimum fair wage" to add provisions pegging increases to increases in
federal minimum wage; 1971 acts redefined "employee" to delete exclusion for employees of state, municipalities or
political subdivisions and redefined "minimum fair wage" to increase wage amounts, to delete provision re formula for
increase in gratuities allowance for restaurant employees and to add provision re fair wage for agricultural employees;
1972 act redefined "employee" to delete exclusion for individuals in manufacturing establishments subject to provisions
of Fair Labor Standards Act; P.A. 73-82 redefined "employee" to specifically exclude persons employed in executive,
administrative, professional or outside sales capacity; P.A. 77-154 excluded employees of nonprofit theaters which operate
less than seven months a year from consideration as employees; P.A. 77-329 qualified exclusion of persons in domestic
service from consideration as employees by adding exception and excluded baby-sitters; P.A. 78-358 raised minimum
wage, pegged rates to "highest" federal minimum wage, changed basis of wage for beginners, etc. from $1.50 for the first
200 hours and $1.85 thereafter to not less than 85% of basic minimum wage for first 200 hours and equaling basic minimum
wage thereafter and deleted provision re minimum wage for agricultural employees; P.A. 79-41 redefined "employer" to
include the state and its political subdivisions; P.A. 83-537 amended Subsec. (f) to exempt any individual employed as a
head resident or resident assistant at a college or university from the definition of "employee"; P.A. 87-366 amended
Subsec. (j) to increase the minimum fair wage to $3.75 on October 1, 1987, and to $4.25 on October 1, 1988; P.A. 93-144 redefined "employee" to delete specific exclusion of persons employed in a bona fide executive, administrative or
professional capacity; P.A. 95-79 redefined "employer" to include a limited liability company, effective May 31, 1995;
P.A. 98-44 amended Subsec. (j) to increase the minimum fair wage to $5.65 on January 1, 1999, and to $6.15 on January
1, 2000; P.A. 00-144 amended Subsec. (j) to increase the minimum fair wage to $6.40 on January 1, 2001, and to $6.70
on January 1, 2002; P.A. 02-33 amended Subsec. (j) by deleting prior minimum fair wage amounts and by increasing the
minimum fair wage to $6.90 on January 1, 2003, and to $7.10 on January 1, 2004, effective July 1, 2002; P.A. 05-32
amended Subsec. (j) to increase the minimum fair wage to $7.40 on January 1, 2006, and $7.65 on January 1, 2007; P.A.
08-92 amended Subsec. (j) to increase minimum fair wage to $8.00 per hour on January 1, 2009, and to $8.25 per hour on
January 1, 2010.
Cited. 219 C. 520.
Subsec. (f):
Authority of labor commissioner to define term "employee" under former statute. 147 C. 277. When one qualifies as
an "executive employee". Id. Cited. 160 C. 133. Qualifications for bona fide administrative capacity exclusion discussed.
243 C. 454.