Connecticut Labor Laws in Restaurant and Food Service Poster

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	
  (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 EMPLOYEESA 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 demonstratingthat 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  non-service 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-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;
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