Sec. 31-76i. Exceptions.
Sec. 31-76i. Exceptions. The provisions of sections 31-76b to 31-76j, inclusive,
shall not apply with respect to (a) any driver or helper, excluding drivers or helpers
employed by exempt employers, with respect to whom the Interstate Commerce Commission or its successor agency or the Secretary of Transportation has power to establish
qualifications and maximum hours of service pursuant to the provisions of applicable
federal law or regulation of any employee of a carrier by air subject to the Railway
Labor Act or any employee of any employer subject to said Railway Labor Act; (b) any
employee employed as a seaman; (c) any employee employed as an announcer, a news
editor or chief engineer by a radio station or television station; (d) repealed by 1972,
P.A. 116, S. 3, 6; (e) any person employed in a bona fide executive, administrative or
professional capacity as defined in the regulations of the Labor Commissioner issued
pursuant to section 31-60; (f) any person employed in the capacity of outside salesman
as defined in the regulations of the Federal Fair Labor Standards Act; (g) any inside
salesperson whose sole duty is to sell a product or service (1) whose regular rate of pay
is in excess of two times the minimum hourly rate applicable to him under section 31-58, (2) more than half of whose compensation for a representative period, being not less
than one month, represents commissions on goods or services, and (3) who does not
work more than fifty-four hours during a work week of seven consecutive calendar days.
In determining the proportion of compensation representing commissions, all earnings
resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed
the draw or guarantee; (h) any person employed as a taxicab driver by any employer
engaged in the business of operating a taxicab, if such driver is paid forty per cent or
more of the fares recorded on the meter of the taxicab operated by him; (i) any person
employed in the capacity of a household delivery route salesman engaged in delivering
milk or bakery products to consumers and who is paid on a commission basis as defined
in the regulations of the Labor Commissioner issued pursuant to section 31-60; (j) any
salesman primarily engaged in selling automobiles. For the purposes of this subsection,
"salesman" includes any person employed by a licensed new car dealer (1) whose primary duty is to sell maintenance and repair services, (2) whose regular rate of pay is in
excess of two times the minimum hourly rate applicable to him under the provisions of
section 31-58, (3) more than half of whose compensation for a representative period,
being not less than one month, represents commissions on goods or services and (4)
who does not work more than fifty-four hours during a work week of seven consecutive
days. In determining the proportion of compensation representing commissions, all
earnings resulting from the application of a bona fide commission rate shall be deemed
commissions on goods or services without regard to whether the computed commissions
exceed the draw or guarantee; (k) any person employed in agriculture; (l) any permanent
paid members of the uniformed police force of municipalities and permanent paid members of the uniformed firefighters of municipalities; (m) any person employed as a firefighter by a private nonprofit corporation which on May 24, 1984, has a valid contract
with any municipality to extinguish fires and protect its inhabitants from loss by fire;
(n) any person, except a person paid on an hourly basis, employed as a beer delivery
truck driver by a licensed distributor, as defined by section 12-433; or (o) any person
employed as a mechanic primarily engaged in the servicing of motor vehicles, as defined
in section 14-1, or farm implements, as defined in section 14-1, by a nonmanufacturing
employer primarily engaged in the business of selling such vehicles or implements to
consumers, to the extent that such employees are exempt under the federal Wage-Hour
and Equal Pay Act, 29 USC 201 et seq. and 29 USC 213(b)(10), provided such person's
actual weekly earnings exceed an amount equal to the total of (1) such person's basic
contractual hourly rate of pay times the number of hours such person has actually worked
plus (2) such person's basic contractual hourly rate of pay times one-half the number
of hours such person has actually worked in excess of forty hours in such week. For the
purposes of this section, "basic contractual hourly rate" means the compensation payable
to a person at an hourly rate separate from and exclusive of any flat rate, incentive rate
or any other basis of calculation.
(1967, P.A. 493, S. 8; 1969, P.A. 547, S. 1; 548; 1971, P.A. 93; 448, S. 1, 2; 615, S. 4; 1972, P.A. 116, S. 3-5; P.A.
73-82, S. 1, 2, 4; P.A. 84-234, S. 1, 2; P.A. 89-24, S. 1, 2; P.A. 90-55, S. 2, 3; P.A. 95-357, S. 1; P.A. 96-222, S. 21, 41.)
History: 1969 acts substituted "driver, excluding drivers employed by exempt employers" for "employee" in Subdiv.
(a) and added additional exclusions for certain persons employed in outside sales, certain persons determined by amount
and manner of payment and by hours worked and taxi drivers in new Subdivs. (f), (g) and (h); 1971 acts excluded household
delivery route salesmen delivering milk, automobile salesmen and agricultural employees in new Subdivs. (i), (j) and (k);
1972 act repealed Subdiv. (d) which had excluded persons employed in manufacturing establishments subject to the Fair
Labor Standards Act, included persons delivering bakery products in Subdiv. (i) and added Subdiv. (l) excluding permanent
paid municipal policemen and firemen; P.A. 73-82 changed exclusion for outside salesmen to refer to those defined as
such in regulation of Fair Labor Standards Act rather than those defined as such in commissioner's regulations who receive
at least one hundred times the minimum hourly rate applicable to them under Sec. 31-58 and amended Subdiv. (g) to
specifically exclude outside salesmen; P.A. 84-234 added Subdiv. (m) providing that firefighters employed by private
nonprofit corporations having contracts with any municipality on May 24, 1984, to extinguish fires are exempted from
Secs. 31-76b to 31-76j, inclusive; P.A. 89-24 substituted "inside salesperson whose sole duty is to sell a product or service"
for "employee except outside salesmen" in Subdiv. (g) and added Subdiv. (n) concerning certain beer delivery truck drivers;
P.A. 90-55 added Subdiv. (o) providing that certain automotive mechanics are exempted from Secs. 31-76b to 31-76j,
inclusive; P.A. 95-357 amended Subdiv. (j) by adding a definition of "salesman"; P.A. 96-222 inserted "or its successor
agency" after "Interstate Commerce Commission", effective July 1, 1996.
See Sec. 31-76l re adoption of applicable regulations.
Cited. 160 C. 133. Scope of federal preemption discussed and determined. 164 C. 233. Cited. 219 C. 520.
Subdiv. (g):
"Commission ... on services" includes commissions earned for performing services as well as those earned for selling
services. 219 C. 520.