Wage and Hour Issues
STATE OF CONNECTICUT
REGULATIONS
OF
DEPARTMENT OF LABOR
DEFINING AND GOVERNING
EXECUTIVE, ADMINISTRATIVE AND PROFESSIONAL
EMPLOYEES
Section 1. Section 31-60-14 of the Regulations
of Connecticut State Agencies is amended to read as follows:
(a) For
the purposes of section 31-58 (f) of the general
statutes, as amended, "employee employed in a bona fide executive
capacity" means any employee [(a)] (1) whose primary duty
consists of the management of the enterprise in which he is employed
or of a customarily recognized department or subdivision thereof; and
[(b)] (2) who customarily and regularly directs the work of two
or more other employees therein; and [(c)] (3) who has the authority
to hire or fire other employees or whose suggestions and recommendations
as to the hiring or firing and as to the advancement and promotion or
any other change of status of other employees will be given particular
weight; and [(d)] (4) who customarily and (4) who customarily and regularly
exercise discretionaly powers; and [(e)] (5) who does not decote more
than twenty percent, or, in the case of an exmployee of a retail or service
establishment who does not devote as much as forty percent, of his hours
of work in the workweek to activities whch are not directly and closely
related to the performance of the work desribed in subdivisions [(a)]
(1) to [(d)] (4), inclusive, of this section; provided this subdivision
shall not apply in the case of an employee who owns at least twenty percent
interest in the enterprise in which he is employed; and [(f)] (6) who
is compensated for his services on a salary basis at a rate of not less
than [one hundred twelve dollars and fifty cents per week until January
1, 1969, and one hundred twenty-five dollars per week thereafter] FOUR
HUNDRED DOLLARS PER WEEK exclusive of board,
lodging, or other facilities, except that this subdivision shall not
apply in the case of an employee in training for a bona fide executive
position as defined in this section if [(a)] (A) the training
period does not exceed six months; and [(b)] (B) the employee
is compensated for his services on a salary basis at a rate not less
than [one hundred] THREE HUNDRED SEVENTY-FIVE dollars per week exclusive
of board, lodging, or other facilities during the training period; [(c)]
(C) a tentative outline of the training program has been approved by
the labor
commissioner; and [(d)] (D) the employer shall pay tuition costs,
and fees, if any, for such instruction and reimburse the employee for
travel expenses to and from each destination other than local, where
such instruction or training is provided. Any trainee program so approved
may be terminated at any time by the labor commissioner upon proper notice,
if he finds that the intent of the program as approved has not been carried
out. An employee who is compensated on a salary basis at a rate of not
less than [one hundred seventy-five dollars] FOUR HUNDRED SEVENTY-FIVE
DOLLARS per week, exclusive of board, lodging,
or other facilities, and whose primary duty consists of the management
of the enterprise in which he is employed or of a customarily recognized
department or subdivision thereof, and includes the customary and regular
direction of the work of two or more other employees therein, shall be
deemed to meet all of the requirements of this section.
(b) "SALARY
BASIS" MEANS A PREDETERMINED AMOUNT PAID FOR EACH PAY PERIOD ON
A WEEKLY OR LESS FREQUENT BASIS, REGARDLESS OF THE NUMBER OF DAYS OR
HOURS WORKED, WHICH AMOUNT IS NOT SUBJECT TO REDUCTION BECAUSE OF VARIATIONS
IN THE QUALITY OR QUANTITY OF THE WORK PERFORMED, AND WHICH AMOUNT
HAS BEEN THE SUBJECT OF AN EMPLOYER ADVISEMENT AS REQUIRED BY SECTION
31-71f OF THE CONNECTICUT GENERAL STATUTES.
-
ALTHOUGH THE EMPLOYEE NEED
NOT BE PAID FOR ANY WORKWEEK IN WHICH HE PERFORMED NO WORK, DEDUCTIONS
MAY ONLY BE MADE IN THE FOLLOWING FIVE (5) INSTANCES:
(A) DURING
THE INITIAL AND TERMINAL WEEKS OF EMPLOYMENT, AN EMPLOYER MAY PAY
A PROPORTIONATE
PART OF AN EMPLOYEE'S SALARY FOR THE TIME ACTUALLY WORKED;
(B) DEDUCTIONS MAY
BE MADE FOR ONE OR MORE FULL DAYS IF THE EMPLOYEE IS ABSENT FOR PERSONAL
REASONS OTHER THAN SICKNESS OR ACCIDENT;
(C) DEDUCTIONS
MAY BE MADE FOR ONE OR MORE FULL DAYS OF SICKNESS OR DISABILITY PROVIDED
THE DEDUCTION IS MADE PURSUANT TO A BONA FIDE PLAN, POLICY OR PRACTICE
OF MAKING DEDUCTIONS FROM AN EMPLOYEE'S SALARY AFTER SICKNESS OR DISABILITY
LEAVE HAS BEEN EXHAUSTED WHICH HAS BEEN DISCLOSED TO THE EMPLOYEE IN
ACCORDANCE WITH SECTION 31-71f OF THE CONNECTICUT GENERAL STATUTES;
(D) DEDUCTIONS MAY
BE MADE FOR ABSENCES OF LESS THAN ONE FULL DAY TAKEN PURSUANT TO THE
FEDERAL FAMILY AND MEDICAL LEAVE ACT, 29 USC 2601 ET SEQ., OR THE CONNECTICUT
FAMILY AND MEDICAL LEAVE ACT, SECTION 31-51kk ET SEQ., OF THE CONNECTICUT
GENERAL STATUTES, AS PERMITTED BY 29 CFR 825.206 OR BY SECTION 31-51qq-17
OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES; OR
(E) DEDUCTIONS
MAY BE MADE FOR ONE OR MORE FULL DAYS IF THE EMPLOYEE IS ABSENT AS
A RESULT
OF A DISCIPLINARY SUSPENSION FOR VIOLATING A SAFETY RULE OF MAJOR SIGNIFICANCE.
SAFETY RULES OF MAJOR SIGNIFICANCE INCLUDE ONLY THOSE RELATING TO THE
PREVENTION OF SERIOUS DANGER TO THE EMPLOYER'S PREMISES, OR TO OTHER
EMPLOYEES.
(2)(A) NO DEDUCTION
OF ANY KIND SHALL BE MADE FOR ANY PART OF A WORKWEEK ABSENCE THAT IS
ATTRIBUTABLE TO:
(i) LACK OF WORK
OCCASIONED BY THE OPERATING REQUIREMENTS OF THE EMPLOYER;
(ii) JURY DUTY, OR
ATTENDANCE AT A JUDICIAL PROCEEDING IN THE CAPACITY OF A WITNESS; OR
(iii) TEMPORARY MILITARY
LEAVE.
(B) AN
EMPLOYER IS PERMITTED TO OFFSET PAYMENTS AN EMPLOYEE RECEIVES FOR
ANY OF THE
SERVICES
DESCRIBED IN THIS SUBDIVISION AGAINST THE EMPLOYEE'S REGULAR SALARY
DURING THE WEEK OF SUCH ABSENCE.
(3) NO DEDUCTION
SHALL BE MADE FOR AN ABSENCE OF LESS THAN ONE FULL DAY FROM WORK UNLESS:
(A) THE ABSENCE IS
TAKEN PURSUANT TO THE FEDERAL FAMILY AND MEDICAL LEAVE ACT, 29 USC
2601 ET SEQ., OR THE CONNECTICUT FAMILY AND MEDICAL LEAVE ACT, SECTION
31-51kk ET SEQ., OF THE CONNECTICUT GENERAL STATUTES, AS PERMITTED
BY 29 CFR 825.206 OR BY SECTION 31-51qq-17 OF THE REGULATIONS OF CONNECTICUT
STATE AGENCIES; OR
(B) THE ABSENCE IS
TAKEN PURSUANT TO A BONA FIDE PAID TIME OFF BENEFITS PLAN THAT SPECIFICALLY
AUTHORIZES THE SUBSTITUTION OR REDUCTION FROM ACCRUED BENEFITS FOR
THE TIME THAT AN EMPLOYEE IS ABSENT FROM WORK, PROVIDED THE EMPLOYEE
RECEIVES PAYMENT IN AN AMOUNT EQUAL TO HIS GUARANTEED SALARY.
(4) NO DEDUCTION
OF ANY KIND SHALL BE MADE FOR AN ABSENCE OF LESS THAN ONE WEEK WHICH
RESULTS FROM A DISCIPLINARY SUSPENSION FOR VIOLATING ORDINARY RULES
OF EMPLOYEE CONDUCT.
Section 2. Section
31-60-15 of the Regulations of Connecticut State Agencies is amended
to read as follows:
(a) For
the purposes of said section 31-58 (f), "employee employed in a bona
fide administrative capacity" means any employee: [(a)] (1) whose
primary duty consists of either: [(1)] (A) The performance of
office or nonmanual work directly related to management policies or
general business operations of his employer or his employer's customers,
or [(2)] (B) the performance of functions in the administration
of a school system or educational establishment or institution, or
of a department or subdivision thereof, in work directly related to
the academic instruction or training carried on therein; and [(b)]
(2) who customarily and regularly exercises discretion and independent
judgment;
and [(c) (1)] (3) (A) who regularly and directly assists a proprietor,
or an employee employed in a bona fide executive or administrative
capacity, as such terms are defined in section 31-60-14
and 31-60-15, or [(2)] (B) who performs under only general supervision
work along specialized or technical lines requiring special training,
experience or knowledge, or [(3)] (C) who executes under only
general supervision special assignments and tasks; and [(d)] (4) who
does not devote more than twenty per cent, or, in the case of an employee
of a retail or service establishment who does not devote as much as
forty per cent, of his hours worked in the workweek to activities which
are not directly and closely related to the performance of the work
described in subdivisions [(a)] (1) to [(c)] (3), inclusive,
of this section; and [(e) (1)] (5)(A) who is compensated for
his services on a salary or fee basis at a rate of not less than [one
hundred twenty-five dollars] FOUR HUNDRED DOLLARS per week exclusive
of board, lodging or other facilities, or [(2)] (B) who, in
the case of academic administrative personnel, is compensated for his
services as required by subparagraph [(1)] (A) of this subdivision
or on a salary basis which is at least equal to the entrance salary
for teachers in the school system or educational establishment or institution
by which he is employed; provided an employee who is compensated on
a salary or fee basis at a rate of not less than [one hundred seventy-five
dollars] FOUR HUNDRED SEVENTY-FIVE DOLLARS per week, exclusive of board,
lodging, or other facilities, and whose primary duty consists of the
performance of work described in subdivision [(a)] (1) of this
section, which includes work requiring the exercise of discretion and
independent judgment, shall be deemed to meet all of the requirements
of this section.
(b) "SALARY
BASIS" MEANS A PREDETERMINED AMOUNT PAID FOR EACH PAY PERIOD ON
A WEEKLY OR LESS FREQUENT BASIS, REGARDLESS OF THE NUMBER OF DAYS OR
HOURS WORKED, WHICH AMOUNT IS NOT SUBJECT TO REDUCTION BECAUSE OF VARIATIONS
IN THE QUALITY OR QUANTITY OF THE WORK PERFORMED, AND WHICH AMOUNT
HAS BEEN THE SUBJECT OF AN EMPLOYER ADVISEMENT AS REQUIRED BY SECTION
31-71f OF THE CONNECTICUT GENERAL STATUTES.
(1) ALTHOUGH THE
EMPLOYEE NEED NOT BE PAID FOR ANY WORKWEEK IN WHICH HE PERFORMED NO
WORK, DEDUCTIONS MAY ONLY BE MADE IN THE FOLLOWING FIVE (5) INSTANCES:
(A) DURING
THE INITIAL AND TERMINAL WEEKS OF EMPLOYMENT, AN EMPLOYER MAY PAY
A PROPORTIONATE
PART OF AN EMPLOYEE'S SALARY FOR THE TIME ACTUALLY WORKED;
(B) DEDUCTIONS MAY
BE MADE FOR ONE OR MORE FULL DAYS IF THE EMPLOYEE IS ABSENT FOR PERSONAL
REASONS OTHER THAN SICKNESS OR ACCIDENT;
(C) DEDUCTIONS
MAY BE MADE FOR ONE OR MORE FULL DAYS OF SICKNESS OR DISABILITY PROVIDED
THE DEDUCTION IS MADE PURSUANT TO A BONA FIDE PLAN, POLICY OR PRACTICE
OF MAKING DEDUCTIONS FROM AN EMPLOYEE'S SALARY AFTER SICKNESS OR DISABILITY
LEAVE HAS BEEN EXHAUSTED WHICH HAS BEEN DISCLOSED TO THE EMPLOYEE IN
ACCORDANCE WITH SECTION 31-71f OF THE CONNECTICUT GENERAL STATUTES;
(D) DEDUCTIONS MAY
BE MADE FOR ABSENCES OF LESS THAN ONE FULL DAY TAKEN PURSUANT TO THE
FEDERAL FAMILY AND MEDICAL LEAVE ACT, 29 USC 2601 ET SEQ., OR THE CONNECTICUT
FAMILY AND MEDICAL LEAVE ACT, SECTION 31-51kk ET SEQ., OF THE CONNECTICUT
GENERAL STATUTES, AS PERMITTED BY 29 CFR 825.206 OR BY SECTION 31-51qq-17
OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES; OR
(E) DEDUCTIONS
MAY BE MADE FOR ONE OR MORE FULL DAYS IF THE EMPLOYEE IS ABSENT AS
A RESULT
OF A DISCIPLINARY SUSPENSION FOR VIOLATING A SAFETY RULE OF MAJOR SIGNIFICANCE.
SAFETY RULES OF MAJOR SIGNIFICANCE INCLUDE ONLY THOSE RELATING TO THE
PREVENTION OF SERIOUS DANGER TO THE EMPLOYER'S PREMISES, OR TO OTHER
EMPLOYEES.
(2) (A) NO DEDUCTION
OF ANY KIND SHALL BE MADE FOR ANY PART OF A WORKWEEK ABSENCE THAT IS
ATTRIBUTABLE TO:
(i) LACK OF WORK
OCCASIONED BY THE OPERATING REQUIREMENTS OF THE EMPLOYER;
(ii) JURY DUTY, OR
ATTENDANCE AT A JUDICIAL PROCEEDING IN THE CAPACITY OF A WITNESS; OR
(iii) TEMPORARY MILITARY
LEAVE.
(B) AN
EMPLOYER IS PERMITTED TO OFFSET PAYMENTS AN EMPLOYEE RECEIVES FOR
ANY OF THE
SERVICES
DESCRIBED IN THIS SUBDIVISION AGAINST THE EMPLOYEE'S REGULAR SALARY
DURING THE WEEK OF SUCH ABSENCE.
(3) NO DEDUCTION
SHALL BE MADE FOR AN ABSENCE OF LESS THAN ONE FULL DAY FROM WORK UNLESS:
(A) THE ABSENCE IS
TAKEN PURSUANT TO THE FEDERAL FAMILY AND MEDICAL LEAVE ACT, 29 USC
2601 ET SEQ., OR THE CONNECTICUT FAMILY AND MEDICAL LEAVE ACT, SECTION
31-51kk ET SEQ., OF THE CONNECTICUT GENERAL STATUTES, AS PERMITTED
BY 29 CFR 825.206 OR BY SECTION 31-51qq-17 OF THE REGULATIONS OF CONNECTICUT
STATE AGENCIES; OR
(B) THE ABSENCE IS
TAKEN PURSUANT TO A BONA FIDE PAID TIME OFF BENEFITS PLAN THAT SPECIFICALLY
AUTHORIZES THE SUBSTITUTION OR REDUCTION FROM ACCRUED BENEFITS FOR
THE TIME THAT AN EMPLOYEE IS ABSENT FROM WORK, PROVIDED THE EMPLOYEE
RECEIVES PAYMENT IN AN AMOUNT EQUAL TO HIS GUARANTEED SALARY.
(4) NO DEDUCTION
OF ANY KIND SHALL BE MADE FOR AN ABSENCE OF LESS THAN ONE WEEK WHICH
RESULTS FROM A DISCIPLINARY SUSPENSION FOR VIOLATING ORDINARY RULES
OF EMPLOYEE CONDUCT.
(c) "FEE
BASIS" MEANS THE PAYMENT OF AN AGREED SUM FOR THE ACCOMPLISHMENT
OF A SINGLE TASK REGARDLESS OF THE TIME REQUIRED FOR ITS COMPLETION.
A FEE BASIS PAYMENT SHALL BE PERMITTED ONLY FOR JOBS WHICH ARE UNIQUE
IN NATURE RATHER THAN FOR A SERIES OF JOBS WHICH ARE REPEATED AN INDEFINITE
NUMBER OF TIMES AND FOR WHICH PAYMENT ON AN IDENTICAL BASIS IS MADE
OVER AND OVER AGAIN. PAYMENT ON A FEE BASIS SHALL AMOUNT TO A RATE
OF NOT LESS THAN THE RATE SET FORTH IN SUBSECTION (a) OF THIS SECTION.
Section 3. Section
31-60-16 of the Regulations of Connecticut State Agencies is amended
to read as follows:
(a) For
the purposes of said section 31-58 (f), "employee employed in
a bona fide professional capacity" means any employee [(a)] (1)
whose primary duty consists of the performance of: [(1)] (A) work
requiring knowledge of an advanced type in a field of science or learning
customarily acquired by a prolonged course of specialized intellectual
instruction and study, as distinguished from a general academic education
and from an apprenticeship, and from training in the performance of
routine mental, manual or physical processes or [(2)] (B) work
that is original and creative in character in a recognized field of
artistic endeavor, as opposed to work which can be produced by a person
endowed with general manual or intellectual ability and training, and
the result of which depends primarily on the invention, imagination
or talent of the employee or [(3)] (C) teaching, tutoring, instructing
or lecturing in the activity of imparting knowledge while employed
and engaged in this activity as a teacher certified or recognized as
such in the school system or educational establishment or institution
by which he is employed; and [(b)] (2) whose work requires the
consistent exercise of discretion and judgment in its performance;
and [(c)] (3) whose work is predominantly intellectual and varied
in character, as opposed to routine mental, manual, mechanical or physical
work, and is of such character that the output produced or the result
accomplished cannot be standardized in relation to a given period of
time; and [(d)] (4) who does not devote more than twenty per
cent of his hours worked in the workweek to activities which are not
an essential part of and necessarily incident to the work described
in subdivisions [(a)] (1) to [(c)] (3), inclusive, of
this section; and [(e)] (5) who is compensated for his services
on a salary or fee basis at a rate of not less than [one hundred twenty-five
dollars] FOUR HUNDRED DOLLARS per week exclusive of board, lodging
or other facilities; provided this subdivision shall not apply in the
case of an employee who is the holder of a valid license or certificate
permitting the practice of law or medicine or any of their branches
and who is actually engaged in the practice thereof, or in the case
of an employee who is the holder of the requisite academic degree for
the general practice of medicine and is engaged in an internship or
resident program pursuant to the practice of medicine or any of its
branches, or in the case of an employee employed and engaged as a teacher
as provided in subdivision [(a) (3)] (1)(C) of this section,
and provided an employee who is compensated on salary or fee basis
at a rate of not less than [one hundred seventy-five dollars] FOUR
HUNDRED SEVENTY-FIVE DOLLARS per week exclusive of board, lodging or
other facilities, and whose primary duty consists of the performance
either of work described in subdivision [(a) (1)] (1) (A) or
[(3)] (C) of this section which includes work requiring the
consistent exercise of discretion and judgment, or of work requiring
invention, imagination or talent in a recognized field of artistic
endeavor, shall be deemed to meet all of the requirements of this section.
(b) "SALARY
BASIS" MEANS A PREDETERMINED AMOUNT PAID FOR EACH PAY PERIOD ON
A WEEKLY OR LESS FREQUENT BASIS, REGARDLESS OF THE NUMBER OF DAYS OR
HOURS WORKED, WHICH AMOUNT IS NOT SUBJECT TO REDUCTION BECAUSE OF VARIATIONS
IN THE QUALITY OR QUANTITY OF THE WORK PERFORMED, AND WHICH AMOUNT
HAS BEEN THE SUBJECT OF AN EMPLOYER ADVISEMENT AS REQUIRED BY SECTION
31-71f OF THE CONNECTICUT GENERAL STATUTES.
(1) ALTHOUGH THE
EMPLOYEE NEED NOT BE PAID FOR ANY WORKWEEK IN WHICH HE PERFORMED NO
WORK, DEDUCTIONS MAY ONLY BE MADE IN THE FOLLOWING FIVE (5) INSTANCES:
(A) DURING
THE INITIAL AND TERMINAL WEEKS OF EMPLOYMENT, AN EMPLOYER MAY PAY
A PROPORTIONATE
PART OF AN EMPLOYEE'S SALARY FOR THE TIME ACTUALLY WORKED;
(B) DEDUCTIONS MAY
BE MADE FOR ONE OR MORE FULL DAYS IF THE EMPLOYEE IS ABSENT FOR PERSONAL
REASONS OTHER THAN SICKNESS OR ACCIDENT;
(C) DEDUCTIONS
MAY BE MADE FOR ONE OR MORE FULL DAYS OF SICKNESS OR DISABILITY PROVIDED
THE DEDUCTION IS MADE PURSUANT TO A BONA FIDE PLAN, POLICY OR PRACTICE
OF MAKING DEDUCTIONS FROM AN EMPLOYEE'S SALARY AFTER SICKNESS OR DISABILITY
LEAVE HAS BEEN EXHAUSTED WHICH HAS BEEN DISCLOSED TO THE EMPLOYEE IN
ACCORDANCE WITH SECTION 31-71f OF THE CONNECTICUT GENERAL STATUTES;
(D) DEDUCTIONS MAY
BE MADE FOR ABSENCES OF LESS THAN ONE FULL DAY TAKEN PURSUANT TO THE
FEDERAL FAMILY AND MEDICAL LEAVE ACT, 29 USC 2601 ET SEQ., OR THE CONNECTICUT
FAMILY AND MEDICAL LEAVE ACT, SECTION 31-51kk ET SEQ. OF THE CONNECTICUT
GENERAL STATUTES, AS PERMITTED BY 29 CFR 825.206 OR BY SECTION 31-51qq-17
OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES; OR
(E) DEDUCTIONS
MAY BE MADE FOR ONE OR MORE FULL DAYS IF THE EMPLOYEE IS ABSENT AS
A RESULT
OF A DISCIPLINARY SUSPENSION FOR VIOLATING A SAFETY RULE OF MAJOR SIGNIFICANCE.
SAFETY RULES OF MAJOR SIGNIFICANCE INCLUDE ONLY THOSE RELATING TO THE
PREVENTION OF SERIOUS DANGER TO THE EMPLOYER'S PREMISES, OR TO OTHER
EMPLOYEES.
(2) (A)NO DEDUCTION
OF ANY KIND SHALL BE MADE FOR ANY PART OF A WORKWEEK ABSENCE THAT IS
ATTRIBUTABLE TO:
(i) LACK OF WORK
OCCASIONED BY THE OPERATING REQUIREMENTS OF THE EMPLOYER;
(ii) JURY DUTY, OR
ATTENDANCE AT A JUDICIAL PROCEEDING IN THE CAPACITY OF A WITNESS; OR
(iii) TEMPORARY MILITARY
LEAVE.
(B) AN
EMPLOYER IS PERMITTED TO OFFSET PAYMENTS AN EMPLOYEE RECEIVES FOR
ANY OF THE
SERVICES
DESCRIBED IN THIS SUBDIVISION AGAINST THE EMPLOYEE'S REGULAR SALARY
DURING THE WEEK OF SUCH ABSENCE.
(3) NO DEDUCTION
SHALL BE MADE FOR AN ABSENCE OF LESS THAN ONE FULL DAY FROM WORK UNLESS:
(A) THE ABSENCE IS
TAKEN PURSUANT TO THE FEDERAL FAMILY AND MEDICAL LEAVE ACT, 29 USC
2601 ET SEQ., OR THE CONNECTICUT FAMILY AND MEDICAL LEAVE ACT, SECTION
31-51kk ET SEQ., OF THE CONNECTICUT GENERAL STATUTES, AS PERMITTED
BY 29 CFR 825.206 OR BY SECTION 31-51qq-17 OF THE REGULATIONS OF CONNECTICUT
STATE AGENCIES; OR
(B) THE ABSENCE IS
TAKEN PURSUANT TO A BONA FIDE PAID TIME OFF BENEFITS PLAN THAT SPECIFICALLY
AUTHORIZES THE SUBSTITUTION OR REDUCTION FROM ACCRUED BENEFITS FOR
THE TIME THAT AN EMPLOYEE IS ABSENT FROM WORK, PROVIDED THE EMPLOYEE
RECEIVES PAYMENT IN AN AMOUNT EQUAL TO HIS GUARANTEED SALARY.
(4) NO DEDUCTION
OF ANY KIND SHALL BE MADE FOR AN ABSENCE OF LESS THAN ONE WEEK WHICH
RESULTS FROM A DISCIPLINARY SUSPENSION FOR VIOLATING ORDINARY RULES
OF EMPLOYEE CONDUCT.
(c) "FEE
BASIS" MEANS THE PAYMENT OF AN AGREED SUM FOR THE ACCOMPLISHMENT
OF A SINGLE TASK REGARDLESS OF THE TIME REQUIRED FOR ITS COMPLETION.
A FEE BASIS PAYMENT SHALL BE PERMITTED ONLY FOR JOBS WHICH ARE UNIQUE
IN NATURE RATHER THAN FOR A SERIES OF JOBS WHICH ARE REPEATED AN INDEFINITE
NUMBER OF TIMES AND FOR WHICH PAYMENT ON AN IDENTICAL BASIS IS MADE
OVER AND OVER AGAIN. PAYMENT ON A FEE BASIS SHALL AMOUNT TO A RATE
OF NOT LESS THAN THE RATE SET FORTH IN SUBSECTION (a) OF THIS SECTION.
STATEMENT
OF PURPOSE: These proposed regulations are intended to redefine
the white-collar
exemptions of Conn. Gen. Stat. §31-60 in accordance with Public Act
No. 99-199.
|
