Sec. 31-68. Collection of minimum or overtime wage. Collection of wages for employee whose whereabouts are unknown.
Sec. 31-68. Collection of minimum or overtime wage. Collection of wages for
employee whose whereabouts are unknown. (a) If any employee is paid by his employer less than the minimum fair wage or overtime wage to which he is entitled under
sections 31-58, 31-59 and 31-60 or by virtue of a minimum fair wage order he may
recover, in a civil action, twice the full amount of such minimum wage less any amount
actually paid to him by the employer, with costs and such reasonable attorney's fees as
may be allowed by the court, and any agreement between him and his employer to work
for less than such minimum fair wage or overtime wage shall be no defense to such
action. The commissioner may collect the full amount of unpaid minimum fair wages
or unpaid overtime wages to which an employee is entitled under said sections or order,
as well as interest calculated in accordance with the provisions of section 31-265 from
the date the wages should have been received, had they been paid in a timely manner.
In addition, the commissioner may bring any legal action necessary to recover twice
the full amount of the unpaid minimum fair wages or unpaid overtime wages to which
the employee is entitled under said sections or under an order, and the employer shall
be required to pay the costs and such reasonable attorney's fees as may be allowed by
the court. The commissioner shall distribute any wages or interest collected pursuant
to this section to the employee or in accordance with the provisions of subsection (b)
of this section.
(b) All wages collected by the commissioner for an employee whose whereabouts
are unknown to the commissioner shall be held by the commissioner for three months
and thereafter the commissioner may, in his discretion, pay the same, on application,
to the husband or wife or, if none, to the next of kin of such employee. As a condition
of such payment, the commissioner or his authorized representative shall require proof
of the relationship of the claimant and the execution of a bond of indemnity and a receipt
for such payment. Notwithstanding the provisions of section 3-60b, any such wages
held by the commissioner for two years without being claimed shall escheat to the state,
subject to the provisions of sections 3-66a to 3-71a, inclusive.
(1949 Rev., S. 3796; 1959, P.A. 683, S. 5; 1963, P.A. 124; P.A. 89-157, S. 1; P.A. 94-184, S. 1; June 30 Sp. Sess. P.A.
03-1, S. 72.)
History: 1959 act added overtime wage; 1963 act added Subsec. (b) re disposition of wages of employee whose whereabouts are unknown; P.A. 89-157 provided that an employee may recover twice the amount of wages due him, authorized
the commissioner to collect unpaid wages on behalf of the employee and to bring any legal action necessary for the collection
of the wages and provided for the distribution of any collected wages; P.A. 94-184 deleted reference to repealed Sec. 3-72a; June 30 Sp. Sess. P.A. 03-1 amended Subsec. (b) by adding provision re notwithstanding Sec. 3-60b, effective August
16, 2003.
Cited. 140 C. 73. Cited. 223 C. 573. Cited. 232 C. 91.
Formula for determining minimum hourly rate examined. 18 CS 157.