Connecticut Labor Laws in Restaurant and Food Service Poster

DOL-79 (Rev. 10/20)

POST AND KEEP POSTED WHERE EMPLOYEES MAY READ
Mandatory Order No. 8

Inquiries or Complaints of Violation of this Order Should be Sent to Wage and Workplace Standards
Division, Department of Labor, 200 Folly Brook Blvd., Wethersfield, CT 06109-1114.

STATE OF CONNECTICUT

MINIMUM FAIR WAGE RATES FOR PERSONS EMPLOYED IN THE
RESTAURANT AND HOTEL RESTAURANT OCCUPATIONS
	

Web Site: www.ct.gov/dol

SEC. 31-62-E1. WAGE ORDER:
(a) RATE: THE FOLLOWING MINIMUM WAGES
ARE ORDERED:
$8.70 per hour on 1-1-14; $9.15 per hour on
1-1-15; $9.60 per hour on 1-1-16; $10.10 per hour
on 1-1-17; $11.00 per hour on 10-1-19; $12.00 per
hour on 9-1-20, $13.00 on 8-1-21; $14.00 per hour
on 7-1-22; and $15.00 per hour on 6-1-23 except
those persons employed under this wage order
as service employees (waitpersons) shall be paid
$5.69 per hour plus gratuities on 1-1-14; $5.78 per
hour plus gratuities on 1-1-15; $6.07 per hour plus
gratuities on 1-1-16; $6.38 per hour
plus gratuities on 1-1-17; $6.38 per hour plus
gratuities on 10-1-19; $6.38 per hour plus gratuities
on 9-1-20; $6.38 per hour plus gratuities on 8-1-21;
$6.38 per hour plus gratuities on 7-1-22; and $6.38 per
hour plus gratuities on 6-1-23 and bartenders at $7.34
per hour plus gratuities on 1-1-14; $7.46 per hour plus
gratuities on 1-1-15; $7.82 per hour plus gratuities
on 1-1-16; $8.23 per hour plus gratuities on 1-1-17;
$8.23 per hour plus gratuities on 10-1-19; $8.23 per
hour plus gratuities on 9-1-20; $8.23 per hour plus
gratuities on 8-1-21; $8.23 per hour plus gratuities on
7-1-22; and $8.23 per hour plus gratuities on 6-1-23.
(b) MINIMUM DAILY EARNINGS GUARANTEED:
An employee regularly reporting for work, unless
given adequate notice the day before to the contrary,
or any employee called for work in any day shall be
assured a minimum of two hours’ earnings at not less
than the minimum rate if the employee is able and
willing to work for that length of time. If the employee
is either unwilling or unable to work the number of
hours necessary to insure the two-hour guarantee, a
statement signed by the employee in support of this
situation must be on file as a part of the employer’s
records.
(c) WORK ON SEVENTH CONSECUTIVE DAY: Not
less than one and one-half times the minimum rate
for all time worked on the seventh consecutive day.
(d) OVERTIME: Not less than one and one half times
the regular rate for all hours worked in excess of 40
in any work week.
SEC. 31-62-E2. DEFINITIONS:
As used in sections 31-62-E1 to 31-62-E15, inclusive,
of the Regulations of Connecticut State Agencies:
(a) “RESTAURANT OCCUPATION” includes all
persons engaged in the preparation and serving of
food for human consumption, or in any operation
incidental or supplemental thereto irrespective of
whether the food is served at or away from the point
of preparation, and irrespective of whether the
preparation and serving of food is the sole business
of the employing establishment or enterprise, with
the exception that this definition shall not include
the preparation and serving of food in a nonprofit
educational, charitable or religious organization
where the food service is not regularly available to
the general public, or the preparation and serving of
food in hospitals, convalescent homes or homes for
the elderly where the food service is not regularly
available to the general public and is incidental to the
care of the patient.
This occupation includes but is not limited to
employees of restaurants, cafeterias, that portion
of hotel business involving the preparation and
serving of food, commissaries, dairy bars, grills, coffee
shops, luncheonettes, sandwich shops, tearooms,
nightclubs, cabarets, automats, caterers, frankfurter
stands, operators of food vending machines, and
that portion of the business involving the serving of
food in department and variety stores, drugstores,
candy stores, bakeries, pizzerias, delicatessens,
places of amusement and recreation, commercial
and industrial establishments and social, recreational,
fraternal and professional clubs which either regularly
or intermittently serve food, as well as other
establishments or businesses meeting the condition
stated in this subsection.
(b) “RESTAURANT EMPLOYEE” means any person
who is employed or permitted to work in any restaurant
occupation, establishment or enterprise.
(c) “SERVICE EMPLOYEE” means any employee
whose duties relate solely to the serving of food or
beverage to patrons seated at tables or booths, and to
the performance of duties incidental to such service,
and who customarily receives gratuities.
(d) "DUTIES INCIDENTAL TO SUCH SERVICE"
means performance of the following tasks:
(1) Taking orders from patrons for food or
beverages;
(2) Checking with customers to ensure that they
are enjoying their meals and taking action to
correct any problems:
(3) Checking patrons' identification to ensure
that they met minimum age requirements for
consumption of alcoholic beverages;
(4) Collecting payments from customers;
(5) Writing patrons' food orders on order slips,
memorizing orders, or entering orders into
computers for transmittal to kitchen staff;
(6) Preparing checks that itemize and total meal
costs and sales taxes;
(7) Presenting menus to patrons and answering
questions about menu items, making
recommendations upon request;
(8) Removing dishes and glasses from tables
or counters and taking them to the kitchen
for cleaning;
(9) Serving food or beverages to patrons, and
preparing or serving specialty dishes at
tables as required;
(10) Cleaning tables or counters after patrons
have finished dining;
(11) Preparing tables for meals, including setting
up items such as linens, silverware, and
glassware;
(12) Explaining how various menu items are
prepared, describing ingredients and
cooking methods;
(13) Escorting customers to their tables;
(14) Cleaning tables and floors in service
employee's immediate service area before,
during, or after serving patrons;

(15) Cleaning and tidying up server stations and drink
stations;
(16) Informing customers of daily specials;
(17) Preparing hot, cold and mixed drinks for patrons,
including brewing coffee and chilling bottles
of wine;
(18) Rolling silverware, setting up food stations, or
setting up dining areas to prepare for the next shift
or for large parties;
(19) Stocking service areas with supplies such
as coffee, food, tableware, and linens;
(20) Bringing wine selections to tables with appropriate
glasses, and pouring wines for customers;
(21) Filling salt, pepper, sugar, cream, condiment, and
napkin containers;
(22) Describing and recommending wines to customers;
and
(23) Garnishing and decorating dishes in preparation
for serving.
(e) “NON-SERVICE EMPLOYEE” means an employee
other than a service employee, and includes, but is not
limited to, countergirls, counterwaitresses, countermen,
counterwaiters and those employees serving food or
beverage to patrons at tables or booths and who do not
customarily receive gratuities.
(f) “GRATUITIES” means a voluntary monetary
contribution received by the employee directly from a
guest, patron or customer for service rendered.
(Effective September 24, 2020)

SEC. 31-62-E2a. SERVICE EMPLOYEES
A service employee shall not be deemed to have
performed service duties while an establishment is not
open to patrons, shall not claim a credit for gratuities for
the time a service employee works when an establishment
is not open to patrons, and shall not include any portion of
such time as part of the calculation of non-service duties
when applying the provisions of section 31-62-E3a of the
Regulations of Connecticut State Agencies.
(Effective September 24, 2020)

SEC. 31-62-E3. GRATUITIES AS PART OF THE
MINIMUM FAIR WAGE.
Gratuities shall be recognized as constituting a part of the
minimum fair wage when all of the following provisions
are complied with:
(a) The employer shall be engaged in an employment in
which gratuities have customarily and usually constituted
and have been recognized as part of his remuneration
for hiring purposes, and
(b) the amount received in gratuities claimed as credit
for part of the minimum fair wage shall be recorded on
a daily, weekly, or bi-weekly basis in a wage record
even though payment is made more frequently, and
(c) each employer claiming credit for gratuities as part
of the minimum fair wage paid to any service employee
shall obtain substantial evidence as described in Section
30-60-2, such as a daily, weekly, or bi-weekly attestation
or statement in electronic or written format demonstrating
that the service employee has received in gratuities not
less than the amount claimed as credit for part of the
minimum fair wage. Such attestation or statement shall
contain the week ending date of the payroll week for
which credit is claimed. Such attestation or statement
may include documentation via an electronic point of
service system or any other method that verifies the
amount a service employee has received in gratuities for
the pay period in question. Such attestation, statement,
or substantial evidence shall satisfy the requirements of
subsection (b) and this subsection.
(Effective August 21, 1974; Amended January 4, 2001; Amended
September 24, 2020)

SEC. 31-62-E3a. SERVICE AND NON-SERVICE
DUTIES WITHIN THE RESTAURANT INDUSTRY
(a) On any day that a service employee performs nonservice employee duties:
(1) For two hours or more, or
(2) For more than 20 percent of the service employee's
shift, whichever is less, the employer shall not
claim credit for gratuities as part of the minimum
fair wage for that day.
(b) If a service employee performs non-service duties
during the course of a day's work in excess of the lesser
of subdivision (1) or (2) of subsection (a) of this section,
the employer shall segregate and record time spent on
non-service duties to claim a credit for gratuities as part
of the minimum fair wage for that day.
(Effective September 24, 2020)

SEC. 31-62-E4. DIVERSIFIED EMPLOYMENT WITHIN
THE RESTAURANT INDUSTRY has been repealed.
SEC. 31-62-E5. EMPLOYMENT UNDER OTHER WAGE
ORDERS.
(a) Mercantile: If an employee is engaged partly in the
restaurant occupation but is also engaged partly in the
occupation covered by the mercantile wage order, the
provisions of the mercantile wage order shall apply to
the entire work period, except that, when time spent in
each occupation is segregated and separately recorded,
the allowance for gratuities as permitted as part of the
minimum fair wage may be applied to the hours worked
by an employee in the restaurant service category.
(b) Other: If an employee is engaged partly in an
occupation under the restaurant wage order but is also
engaged partly in an occupation covered by another wage
order other than the mercantile wage order, the higher
provisions of each wage order shall apply to the entire
work period unless the time spent in each occupation is
definitely segregated and so recorded. Where the time
spent in each occupation is definitely segregated and
so recorded the provisions of the applicable wage order
shall apply.
SEC. 31-62-E6. DEDUCTIONS AND ALLOWANCES
FOR THE REASONABLE VALUE OF BOARD AND
LODGING has been repealed.
SEC. 31-62-E7. DEDUCTIONS has been repealed.
SEC. 31-62-E8. DEPOSIT.
No deposit shall be required by an employer from any
employee for a uniform or for any other purpose except
by permission of the labor department.

SEC. 31-62-E9. HOURS WORKED.
Hours worked shall include all time during which the
employee is required to be on the employer’s premises
or to be on duty, or to be at a prescribed work place,
and all time during which an employee is employed or
permitted to work, whether or not required to do so.
Meal periods may be credited as nonworking time,
provided the beginning and ending time of the meal
period shall be so recorded on the time records, and
provided the employee shall be entirely free from all
work requirements during the period and shall be free
to leave the establishment.
SEC. 31-62-E10. TRAVEL TIME AND TRAVEL
EXPENSES.
Any employee who is required or permitted to travel
from one establishment to another after the beginning or
before the close of the work day, shall be compensated
for travel time at the same rate as for working time,
and shall be reimbursed for the cost of transportation.
SEC. 31-62-E11. COMPUTATION OF TIME.
All time shall be reckoned to the nearest unit of fifteen
minutes.
SEC. 31-62-E12. PHYSICALLY OR MENTALLY
HANDICAPPED EMPLOYEES.
(This regulation defines a "physically or mentally
handicapped person" as a person whose earning
capacity is impared by age or physical or mental
deficiency or injury and provides guidelines for a
modification of the minimum wage.)
SEC. 31-62-E14. RECORDS.
(a)	For the purpose of this regulation issued in
accordance with the provisions of section 31-66 of the
general statutes,“true and accurate records” means
accurate legible records for each employee showing:
		(1) 	 Name;
		(2) 	 Home address;
		(3) 	 Occupation in which employed:
		(4) 	 Total daily and total weekly hours worked,
showing the beginning and ending time of each
work period,computed to the nearest unit of
15 minutes;
		(5) 	 Total hourly, daily or weekly basic wage;
		(6) 	 Additions to or deductions from wages each
	
	
pay period;
		(7) 	 Total wages paid each pay period;
		(8) 	 Overtime wage as a separate Item from
basic wage;
		(9) 	 Payment for the seventh consecutive day of
work as a separate item;
		(10)	Separate itemization on payroll records of
each allowance (meals, lodging, gratuities) used
as part of the minimum fair wage;
		(11)	Statements signed by employee in accordance
with section 31-62-E3 when credit for gratuities
is claimed as part of the minimum fair wage;
		(12) 	Such other records as are stipulated in
accordance with administrative regulation
sections 31-60-1 through 31-60-14
		(13) 	Working certificates for minor employees
(16 to18 years).
(b)True and accurate records shall be maintained and
retained at the place of employment for a period of three
years for each employee. The labor commissioner may
authorize the maintenance of wage records and the
retention of both wage and hour records as outlined
either in whole or in part at a place other than the
place of employment when it is demonstrated that the
retention of such records at the place of employment
either:
	
(1) works an undue hardship upon the
employer
	
without materially benefiting the inspection 	
		
procedures of the labor department, or
(2)	 is not practical for enforcement purposes.
Where permission is granted to maintain wage records
at other than the place of employment a record of total
daily and weekly hours worked by each employee shall
also be available for inspection in connection with such
wage records.
(c) In the case of an employee who spends 75% or more
of his working time away from the employer’s place of
business and the maintaining of time records showing the
beginning and ending time of each work period for such
personnel either imposes an undue hardship upon the
employer or exposes him to jeopardy because of his
inability to control the accuracy of such entries, a record
of total daily and total weekly hours will be approved as
fulfilling the record-keeping requirements of this
section.
However, in such cases the original time entries shall
be made by the employee in his own behalf and the
time entries made by the employee shall be used as
the basis for payroll records.
Under Connecticut General Statutes section 31-23
no minor under 16 years of age shall be employed
or permitted to work in any restaurant.

Thomas J. Wydra

Director