Sec. 31-76b. Overtime pay: Definitions.
Sec. 31-76b. Overtime pay: Definitions. As used in sections 31-76b to 31-76j,
inclusive:
(1) The "regular rate" at which an employee is employed shall be deemed to include
all remuneration for employment paid to, or on behalf of, the employee, but shall not
be deemed to include (A) sums paid as gifts; payments in the nature of gifts made at
Christmas time or on other special occasions, as a reward for service, the amounts of
which are not measured by or dependent on hours worked, production or efficiency;
(B) payments made for occasional periods when no work is performed due to vacation,
holiday, illness, failure of the employer to provide sufficient work, or other similar
cause; reasonable payments for traveling expenses, or other expenses, incurred by an
employee in the furtherance of the employer's interests and properly reimbursable by
the employer; and other similar payments to an employee that are not made as compensation for the employee's hours of employment; (C) sums paid in recognition of services
performed during a given period if either, (i) both the fact that payment is to be made
and the amount of the payment are determined at the sole discretion of the employer at
or near the end of the period and not pursuant to any prior contract, agreement or promise
causing the employee to expect such payments regularly; (ii) the payments are made
pursuant to a bona fide profit-sharing plan or trust or bona fide thrift or savings plan,
meeting the approval of the Labor Commissioner who shall give due regard, among
other relevant factors, to the extent to which the amounts paid to the employee are
determined with regard to hours of work, production or efficiency; (D) contributions
irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan
for providing old-age, retirement, life, accident or health insurance or similar benefits for
employees; (E) extra compensation provided by a premium rate paid for certain hours
worked by the employee in any day or workweek because such hours are hours worked
in excess of eight in a day or in excess of the maximum workweek applicable to such
employee under section 31-76c, or in excess of the employee's normal working hours
or regular working hours, as the case may be; (F) extra compensation provided by a
premium rate paid for work by the employee on Saturdays, Sundays, holidays or regular
days of rest, or on the sixth or seventh day of the workweek, where such premium rate
is not less than one and one-half times the rate established in good faith for like work
performed in nonovertime hours on other days; or (G) extra compensation provided by
a premium rate paid to the employee, in pursuance of an applicable employment contract
or collective-bargaining agreement, for work outside of the hours established in good
faith by the contract or agreement as the basic, normal or regular workday, not exceeding
the maximum workweek applicable to such employee under section 31-76c, where such
premium rate is not less than one and one-half times the rate established in good faith
by the contract or agreement for like work performed during such workday or workweek.
For the purpose of calculating the overtime rate of compensation required to be paid to
an employee who is (i) employed as a delivery driver or sales merchandiser, (ii) paid
on a base salary and commission basis, and (iii) not exempt from the overtime requirements of this chapter, the employee's regular rate shall be one-fortieth of the employee's
weekly remuneration;
(2) (A) "Hours worked" include all time during which an employee is required by
the employer to be on the employer's premises or to be on duty, or to be at the prescribed
work place, and all time during which an employee is employed or permitted to work,
whether or not required to do so, provided time allowed for meals shall be excluded
unless the employee is required or permitted to work. Such time includes, but shall not
be limited to, the time when an employee is required to wait on the premises while no
work is provided by the employer. (B) All time during which an employee is required
to be on call for emergency service at a location designated by the employer shall be
considered to be working time and shall be paid for as such, whether or not the employee
is actually called upon to work. (C) When an employee is subject to call for emergency
service but is not required to be at a location designated by the employer but is simply
required to keep the employer informed as to the location at which he may be contacted,
or when an employee is not specifically required by his employer to be subject to call
but is contacted by his employer or on the employer's authorization directly or indirectly
and assigned to duty, working time shall begin when the employee is notified of his
assignment and shall end when the employee has completed his assignment;
(3) "Employee" means employee as defined in section 31-58.
(1967, P.A. 493, S. 1; 1972, P.A. 116, S. 2; P.A. 80-64, S. 3, 7; P.A. 03-239, S. 1.)
History: 1972 act made technical change; P.A. 80-64 deleted references to repealed Sec. 31-76d in Subdiv. (1)(E) and
(G); P.A. 03-239 amended Subdiv. (1) to add provision defining the "regular rate" of pay for the purpose of calculating
overtime wages for nonexempt delivery drivers and sales merchandisers paid on a base salary and commission basis and
to make technical changes.
Cited. 160 C. 133. Scope of federal preemption discussed and determined. 164 C. 233.
Subdiv. (1):
Cited. 16 CA 437.
Subdiv. (2):
Subpara. (A) cited. 16 CA 437. For purposes of Subpara. (C), work time begins at the time employee is notified of the
assignment when the employee "punches in" at the workplace and not at the time employee is first contacted by supervisor
to report to work. 49 CS 354.