Connecticut Mercantile and Retail Poster

DOL-78 (Rev. 4/14)
MANDATORY ORDERS 7A & 7B
This notice must be posted and maintained wherever persons covered by th\
is order are employed.	
Inquiries or complaints of violation of this order should be sent to	
Wage and Workplace Standards Division, Labor Department, Wethersfield, CT 06109-1114	
STATE OF CONNECTICUT	
LABOR DEPARTMENT - WAGE AND WORKPLACE STANDARDS	
MERCANTILE TRADE
Website: www.ct.gov/dol	
Minimum Fair Wage Rates for Persons Employed in Mercantile Trade.	 	
Sec.  31-62-D1.    DEFINITIONS 	As  used  in 	
sections 31-62-D1 to 31-62-D11, inclusive:
(a)	  “Commissions”  means  earnings  based 	
on sales.  These earnings may be achieved 
through the payment of a fixed sum per sale 
or  by  the  payment  of  a  percentage  on  any 
or all sales made by an individual or group 
of individuals.
(b)	  “Employee” means a person employed 	
or permitted to work in any occupation in the 
mercantile trade.
(c)	  “Mercantile  trade”  means  the  trade  of 	
wholesale  or  retail  selling  of  commodities 
and any operation supplemental or incidental 
thereto, including, but not limited to, buying, 
delivery,  maintenance,  office,  stock  and 
clerical work.  Repair and service employees 
may be excluded if the major portion of their 
duties is unrelated to the mercantile trade as 
herein defined.
(d)	  “ M i n o r ”   m e a n s   a   p e r s o n   l e s s   t h a n 	
eighteen years of age.
(e)	  “Working  time”  includes  all  time  during 	
which  an  employee  is  required  to  be  on 
duty  or  at  prescribed  premises  whether  or 
not work is then provided by the employer; 
or during which an employee is permitted to 
work though required not to do so.
Sec. 31-62-D2. THE FOLLOWING MINIMUM 
WAGE  IS  ORDERED:	  $ 8 . 7 0   A n   H o u r 	
Beginning 1-1-14; $9.15 An Hour Beginning 
1-1-15;  $9.60  An  Hour  Beginning  1-1-16; 
and  $10.10  An  Hour  Beginning  1-1-17  	 	
31-58  (j)  whenever  the  federal  minimum 
wage  is  increased,  the  minimum  fair  wage 
established under this part shall be increased 
to the amount of the highest federal minimum 
wage plus one half of one percent 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.
(b) BEGINNERS.	  For the first 200 hours in 	
the trade not less than 85% of the minimum 
wage and not less than the minimum wage 
thereafter.
(c)	 OVERTIME.	    One  and  one-half  times 	
the employee’s regular rate of pay after 40 
hours a week.
( d )   M I N I M U M   D A I LY   E A R N I N G S 
GUARANTEED.	    An  employee,  who  by 	
request or permission of the employer, reports 
for duty on any day whether or not assigned 
to  actual  work  shall  be  compensated  for  a 
minimum of four hours earnings at his regular 
rate.    In  instances  of  regularly  scheduled 
employment  of  less  than  four  hours  as 
mutually agreed in writing between employer 
and employee, and approved by the Labor 
Department,  this  provision  may  be  waived 
provided  the  minimum  daily  pay  in  every 
instance shall be at least twice the applicable 
minimum hourly rate.
Sec.  31-62-D3.  PAYMENT  OF  WAGES.	  	
Each employee shall be paid, weekly, wages 
not  less  than  the  minimum  provided  in  this 
order, and all commissions as defined herein 
shall be settled at least once monthly.
Sec. 31-62-D4. REGULAR HOURLY RATE.	  	
Each employer shall establish a regular hourly 
rate  for  employees  covered  by  this  order.  
When  an  employee  is  paid  commission  in 
whole or in part for his earnings, the regular 
hourly    rate  for 	the    purpose  of  computing 	
overtime shall be determined by dividing the 
employee’s total earnings by the number of 
hours in the usual work week as supported 
by time records made in accordance with 
the provisions of section 31-62-D8.
Sec. 31-62-D5. COMPUTATION OF TIME.	  	
All  time  shall  be  reckoned  to  the  nearest 
unit of fifteen minutes.
Sec. 31-62-D6. BEGINNERS.	  Beginners 	
may  be  employed  at  a  rate  not  less  than 
85%  of  the  minimum  wage  for  the  first 
200 hours in the mercantile trade and not 
less  than  the  minimum  wage  thereafter 
provided that the number of beginners over 
the  age  of  eighteen  does  not  exceed  5% 
of  the  persons  regularly  employed  in  the 
establishment.    Any  employee  who  has 
completed  a  two  hundred  hour  learning 
period in the mercantile trade may not be 
employed to work a learner’s rate.
S e c .   3 1 - 6 2 - D 7 .   H A N D I C A P P E D 
WORKERS.	 Any employee whose earning 	
capacity  has  been  impaired  by  physical 
or mental disability may be paid less than 
the  minimum  wage,  provided  specific 
permission in each case shall be obtained 
by the employer from the Labor Department 
in accordance with the provisions of Section 
31-67 of the general statutes.
Sec. 31-62-D8. RECORDS. 	The employer 	
shall  keep  available  at  the  place  of 
employment  for  a  period  of  three  years 
a c c u r a t e   a n d   l e g i b l e   r e c o r d s   i n   i n k 
for  each  employee  as  follows:    (1)  his 
name;  (2)  his  address;  (3)  his  working 
certificates  as  proof  of  age  if  a  minor 
employee  (sixteen  to  eighteen  years); 
(4)  his  occupation;  (5)  total  wages  paid 
him  each  pay  day  period;  (6)  his  daily 
and  weekly  hours  worked  showing  the 
beginning and ending hours of each work 
period.  Records of daily and weekly hours 
need  not  be  maintained  for  employees 
who qualify for exemption of the overtime 
requirements  of  this  order,  provided  the 
wages paid shall be at least the minimum 
required in this order.  With permission of 
the Labor Commissioner or his authorized 
representative,  wage  records  may  be 
kept at designated places other than the 
place of employment.  Records of hours 
worked for each employee for whom such 
records  is  required  shall  be  available  at 
the place of employment for inspection at 
all reasonable times.
S e c .   3 1 - 6 2 - D 9 .   C O O P E R AT I V E 
STUDENTS	.	
Repealed.
Sec. 31-62-D10. EMPLOYMENT UNDER 
OTHER MINIMUM WAGE ORDERS OR 
FOR  WHICH  NO  WAGE  ORDER  HAS 
BEEN PROMULGATED.	  The provisions 	
of  these  regulations  shall  apply  to  any 
worker  engaged  in  the  mercantile  trade 
as  defined  herein  for  the  entire  work 
period,  unless  he  is  engaged  partly  in 
an occupation covered by another wage 
order  or  in  an  occupation  for  which  no 
wage  order  has  been  promulgated  and 
the  time  spent  in  each  occupation  is 
segregated and recorded.
S e c .   3 1 - 6 2 - D 11 .   N O   C H A R G E   F O R 
UNIFORMS  OR  OTHER  FACILITIES.	  	
The  cost  of  uniforms  or  other  facilities 
required by the employer as a condition of 
employment,  and  the  reasonable  cost  of 
their maintenance, may not be charged to 
the employee if such expense would result 
in  the  payment  of  a  wage  less  than  the 
minimum prescribed in this order.	
Sec.  31-69  PENALTY.  (a)	  Any  employer 	
or  his  agent,  or  the  officer  or  agent  of  any 
corporation, who discharges or in any other 
manner discriminates against any employee 
because  such  employee  has  served  or  is 
about  to  serve  on  a  wage  board  or  has 
testified  or  is  about  to  testify  before  any 
wage  board  or  in  any  other  investigation  or 
proceeding  under  or  related  to  this  part,  or 
because  such  employer  believes  that  such 
employee may serve on any wage board or 
may testify before any wage board or in any 
investigation  or  proceeding  under  this  part, 
shall  be  fined  not  less  than  one  hundred 
dollars nor more than four hundred dollars.
(b)	  Any  employer  or  the  officer  or  agent  of 	
any corporation who pays or agrees to pay to 
any employee less than the rates applicable 
to  such  employee  under  the  provisions  of 
this part or a minimum fair wage order shall 
be:    (1)  fined  not  less  than  four  thousand 
dollars  nor  more  than  ten  thousand  dollars 
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  two  thousand  dollars;  (2)  fined 
not  less  than  two  thousand  nor  more  than 
four thousand dollars 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 one thousand dollars 
but  not  more  than  two  thousand  dollars;  (3) 
fined  not  less  than  one  thousand  nor  more 
than two thousand dollars 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 five hundred but not 
more than one thousand dollars; or (4) fined 
not less than four hundred nor more than one 
thousand dollars 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 five hundred dollars or less.
(c  )	  Any  employer,  his  officer  or  agent,  or 	
the  officer  or  agent  of  any  corporation,  firm 
or partnership, who fails to keep the records 
required  under  this  part  or  by  regulation 
made  in  accordance  with  this  part  or  to 
furnish  such  records  to  the  commissioner 
or  any  authorized  representative  of  the 
commissioner, upon request, or who refuses 
to admit the commissioner or his authorized 
representative to his place of employment or 
who hinders or delays the commissioner or his 
authorized representative in the performance 
of  his  duties  in  the  enforcement  of  this  part 
shall  be  fined  not  less  than  fifty  dollars  nor 
more  than  two  hundred  dollars,  and  each 
day  of  such  failure  to  keep  the  records 
required  under  this  part  or  to  furnish  the 
same to the commissioner or any authorized 
representative  of  the  commissioner  shall 
constitute a separate offense, and each day of 
refusal to admit or of hindering or delaying the 
commissioner or his authorized representative 
shall constitute a separate offense.
(d)	  Nothing  in  this  part  shall  be  deemed  to 	
interfere with, impede or in any way diminish 
the right of employees to bargain collectively 
with their employers through representatives 
of  their  own  choosing  in  order  to  establish 
wages or conditions of work in excess of the 
applicable minimum under this part.
                	
GARY K. PECHIE	
DIRECTOR	WETHERSFIELD, CONNECTICUT
PROMULGATED OCTOBER 1, 1951