On top of the federal labor laws that companies must adhere to, Connecticut has its own set of specific employment and labor laws that require compliance as well. Connecticut labor laws are a vast set of rules and regulations for employers to follow in areas that include employee leave / absence, pay, and discrimination.
Unless you have specific human resources (HR) expertise in-house, it may make sense to leverage a Connecticut HR company like the Human Resources Consulting Group (HRCG) for help understanding and complying with the state's labor laws. Whether using an external HR consultant like HRCG or not, establishing policies, processes, and solutions to stay compliant with this legislation will be necessary.
There are many labor laws in Connecticut, some from the state’s own laws and others from the federal laws, that employers must adhere to. This article can be used as a guide to help employers manage labor law compliance and help clarify differences between Connecticut's labor laws with federal labor laws with the following topics:
Here is what employers need to know about Connecticut Labor Laws.
Having gone into effect on January 1, 2017, Connecticut's "Ban the Box" Law specifies that employers are prohibited from inquiring about prospective employees' prior arrests, criminal charges, or convictions on an initial employment application.
Exemptions from this law would include employers that are required to ask this by another state or federal law. Another exemption would be positions that employers are hiring for that require security, fidelity, or equivalent type of bond.
Private companies are required by the state to submit new hire information for newly hired employees and employees that are returning to work within 20 days of the date of hire in accordance with the Connecticut Department of Labor (DOL).
New hire information can be reported online through the Office of Research or a paper copy of the Connecticut new hire form, also known as Form CT-W4, can be mailed or faxed to the Connecticut DOL.
Before wages can be determined, employers must know how to properly classify employees to ensure payroll accuracy and compliance. At the state and federal levels, there are three types of workers: exempt, non-exempt, and independent contractors.
Exempt employees are not subject to overtime law. For an employee to be classified as an exempt employee they must pass both the duties and the salary tests, under both Connecticut and Federal law.
Duties Test - Under the Duties Test, the employee’s primary duty must require that they act with discretion and independent judgment. Connecticut specifically requires discretion and independent judgment to occur on a regular basis.
Connecticut law states that a job title does not make the determination; employers must look to an employee's actual job duties. Connecticut law provides examples of exempt duties (duties that require discretion and independent judgment). These duties include:
Salary Test - On November 15, 2024, the U.S. District Court for the Eastern District of Texas invalidated a U.S. Department of Labor (DOL) regulation that raised the salary threshold for the "white-collar" overtime exemption under the Fair Labor Standards Act (FLSA). This decision applies nationwide, rendering the rule ineffective.
As a result of the court ruling, the overtime-exempt salary threshold for 2025 and the foreseeable future is $684 per week ($35,568 annually). This threshold reflects the most recent update that is still in effect, made in 2019.
Employees that do not meet the requirements to classify as exempt are classified as non-exempt. This means that they are subject to overtime requirements under state and federal law.
Connecticut law does not mention independent contractors. Thus, federal law applies to all independent contractors. Independent contractors are defined as workers who are self-employed and whose earnings are subject to self-employment tax.
The IRS has provided the following factors to help employers determine whether they may classify a worker as an independent contractor:
Employers must look at all factors when determining whether a worker is an employee or an independent contractor. There is no specific set number of factors, or one explicit factor, that can classify an employee as an independent contractor.
When an employee has been misclassified as exempt, the employer may be liable for lost wages. In addition, the employee may be able to recover twice the full amount of wages owed, plus costs and attorney fees. It is important for employers to understand the distinction between exempt and non-exempt employees so that they avoid unnecessary fines, payroll mistakes, or potential resulting lawsuits.
When an employer is covered by state and federal laws, the law that provides the higher or stricter standards shall apply.
The FLSA set the federal minimum wage to $7.25 per hour. Many states have enacted their own minimum wage laws. When a state law sets a minimum wage higher than the federal, the state wage applies.
Public Act 19-4, signed in 2019, put in place a schedule to increase Connecticut’s minimum wage once a year over the next five years after which any increases will be based on the employment cost index.
Connecticut Minimum Wage is/was as follows, on the following effective dates:
Connecticut law mirrors FLSA overtime law. Connecticut employers must pay the overtime rate of 1.5 times an employee's regular pay rate for any additional hour worked (over 40) in a workweek. Connecticut law does not require employers to pay overtime on a daily basis, on weekends, or on holidays unless required by an employer-employee agreement.
As of January 1st, 2025, the following updates to CT SUTA will take place:
For 2024, employers should note the following for CT SUTA:
Connecticut employers must pay each employee weekly on a regularly scheduled payday, which must be set in advance in order to correctly process payroll in the state of Connecticut.
Connecticut employees who quit or are laid off must be paid all wages owed to them on the next regularly scheduled payday. When a Connecticut employer terminates an employee, all wages owed to the employee are due the next business day.
Connecticut employers may not make a withholding unless:
Connecticut employers must keep wage records going back at least three years at their office.
Wage records must show an employee's:
Connecticut's Pay Equity Law states an employer must equally compensate employees of the opposite sex for comparable work, when the work is viewed as a composite of skill, effort, and responsibility, and is performed under similar working conditions.
If an employee can demonstrate that his or her employer discriminates on the basis of sex then such employer must demonstrate that such differential in pay is made pursuant to:
Connecticut's new salary range law went into effect on October 1st, 2021 concerning the disclosure of salary ranges as well, in order to help combat pay inequities in the state.
The law states that no employer shall:
An employer who violates these regulations may be found liable for compensatory damages, attorney's fees, costs, punitive damages, and relief.
Employers in Connecticut should familiarize themselves with the leave laws of the state, as several of them can overlap and get confusing at times.
There are both the federal Family Medical Leave Act (FMLA) and Connecticut Family Medical Leave Act (CT FMLA) laws that may run concurrently with each other. In other instances, each protected leave may run independently, so employers should be tracking both leaves separately.
Connecticut's Family and Medical Leave law gives employees access to up to 12 weeks of unpaid leave within a 12-month period for certain qualifying events. Leave may be taken intermittently, or all at once.
CTFMLA is different from the Federal Family and Medical Leave Act (FMLA). FMLA only applies to private employers with 50 or more employees. FMLA also applies to organizations that are exempt from CTFMLA.
It is important to note that CRFMLA is not paid. However, employees may still apply for CT Paid Leave through the CT Paid Leave Program. CT Paid Leave is a state program that provides wage replacement benefits in certain instances. CT Paid Leave DOES NOT provide actual time off from work.
Each law (CTFMLA and CT Paid Leave) has its own application process and requirements as well.
CTFMLA provides job protection and health benefits.
An eligible employee may take CTFMLA leave for any of the following reasons:
The Connecticut Paid Sick Leave Act, initially put into law in 2011, required employers with 50 or more employees to provide up to 40 hours of paid sick leave each year to eligible employees.
However, recent updates have scheduled the following expansions to include more employers covered under the law:
Another significant change is that the law now covers all private-sector employees rather than only “service workers” in certain occupations. There are some exceptions, however, like certain seasonal workers and specific construction trades.
Under the expanded law, employees can take paid sick leave for:
CT Paid Leave is a state program that provides wage replacement benefits in certain instances. However, CT Paid Leave DOES NOT provide actual time off from work.
Because CTFMLA does not offer paid leave, employees may apply for the public CT Paid Leave Program to receive wage replacement benefits while on leave for specific, qualifying reasons outlined by CT Paid Leave (not CTFMLA).
CT Paid Leave can also be used for wage replacement as a result of FMLA, and the Connecticut Family Violence Leave Act (CTFVLA).
In order to be able to apply, an employee must have worked or did work for a covered Connecticut employer within the 12 weeks immediately before your leave began. Covered employers include most businesses with at least one employee.
Employees must also apply for CT Paid Leave for one of six reasons:
Connecticut employees are not only entitled to jury duty leave, but Connecticut employers must also pay their full-time employees their regular wage for the first five days of jury duty unless the Chief Court Administrator has excused the employer from payment.
An employer may be excused from jury duty payment if they submit a written application to the Chief Court Administrator and be subject to financial hardship sufficient to justify excusing them from the compensation obligation.
When an employer is excused from paying an employee for jury duty, Connecticut will pay the employee not more than $50.00 per day for the first five days of jury duty.
If jury duty extends to a sixth day, all jurors are to receive $50.00 per day from the state.
Connecticut recently passed a new law (Sec. 108 on page 142 of Bill No. 1202) in June 2021, entitling employees to two hours of unpaid time off from any regularly scheduled work, on the day of any covered election, during voting hours, in order to vote.
Employees who are eligible for leave include:
Employees must request time off to vote no less than two workdays prior to the election. This law, however, is only effective until June 30, 2024.
Connecticut employers are not required to provide employees bereavement leave. When an employer does provide bereavement leave, they must comply with their established policy.
Connecticut law does not require employers to provide paid or unpaid vacation leave. However, when an employer does provide leave, it must comply with the terms of its established policy or employment contract.
Connecticut businesses must familiarize themselves with laws from Connecticut Occupational Safety and Health Administration (CONN-OSHA).
Connecticut OSHA is an act that intends to assure safe and healthy working conditions for working men and women throughout the state.
Employees who believe their employer is in violation of any CONN-OSHA provisions can submit a complaint here.
For information on compliance, enforcement, and inspections, see this CONN-OSHA FAQ.
Administered and enforced by the Connecticut Workers' Compensation Commission (WCC), Workers' Compensation in Connecticut provides benefits to employees that are injured on the job or have work-related illnesses through a 'no-fault' insurance plan.
Workers' Compensation insurance is required for all Connecticut employers. Employees become eligible and should be covered by the insurance on the first day of employment. A Workers' Compensation Notice must be posted by the employer to ensure that employees have access to their rights under this law.
If a qualifying event occurs in which the employee becomes injured or ill on the job, access will be provided for medical treatment and other benefits including disability, recurrence or relapse benefits, discretionary benefits, and job retraining. Proper reporting requires employers to file an accident report with the “First Report of Injury” Form.
On June 22nd, 2021, S.B. 1201 was signed into law, which legalized cannabis and provided specific guidelines.
The bill, which allows those aged 21 or older to possess 1.5 ounces of marijuana in public and 6 ounces at home starting on July 1st, 2021. Cannabis non-medicinal / recreational sales are expected to begin in May of 2022 as a result of this legislation as well.
The bill includes employer protections for maintaining safe workplaces that CBIA and member company representatives advocated for, which include the following:
With certain exceptions, an employee or prospective employee aggrieved by a violation of the bill’s employer limitations may bring a civil action within 90 days after the alleged violation.
While employers must comply with federal discrimination laws, such as the Civil Rights Act, Equal Pay Act (EPA), and Americans with Disabilities Act (ADA), separate and sometimes overlapping Connecticut discrimination laws are present and require compliance as well.
Here is some general guidance on the two sets of state and federal laws that aim to prevent discrimination and how they're different:
|
Connecticut |
Federal |
|
Enforcement of anti-discrimination law by Connecticut Commission on Human Rights and Opportunities |
Enforcement of anti-discrimination law by U.S. Equal Employment Opportunity Commission |
|
Can’t discriminate in employment because of a person’s: Race Color Religion Age Mental Retardation Learning Disability Physical Disability National Origin Sexual Orientation Pregnancy Genetic Information Gender Marital Status Ancestry Mental Disorder (past or present) |
Can’t discriminate in employment because of a person’s: Race Color Religion Age Disabilities National Origin Sex Pregnancy Genetics |
|
Covered Employers Three or more employees |
Covered Employers 15 or more employees |
Employees in Connecticut can file a complaint with the Connecticut Commission on Human Rights and Opportunities if it's believed that an employer is not adhering to these provisions.
Below are a list of specific Connecticut discrimination laws that employers should be well-versed in.
In June 2019, Connecticut enacted Public Acts 19-16 and 19-93; combined they are known as the Time’s Up Act. Having went into effect on October 1, 2019, these laws expanded Connecticut sexual harassment legislation and required employers with three or more employees to provide sexual harassment management training to their supervisory employees AND training to employees.
Sexual Harassment Training by HRCG can be accessed by clicking here.
Workplaces have new Sexual Harassment Law poster / posting requirements and are expected to distribute information regarding illegal sexual harassment to employees. Failure to satisfy the posting requirements may subject the employer to fines up to $1,000 and the Connecticut Commission on Human Rights and Opportunities (CHRO) may assign a designated representative to enter the employer’s place of business to ensure posting-requirement compliance.
Beyond the training and posting requirements, the legislation gives employees much more protection including significant changes to the allowable time-to-file claims and how companies can change employee terms and conditions.
Effective March 2021, Connecticut’s CROWN Act, also known as the Act for “Creating a Respectful and Open World for Natural Hair”, added hairstyles to the list of ethnic traits historically associated with race that employers may not discriminate against.
Some of these hairstyles include:
While there are federal laws preventing discrimination against pregnant women in the workplace, Connecticut is one of the few states that has its own pregnancy discrimination laws.
Under the Connecticut Fair Employment Practices Act, employers may not terminate or otherwise discriminate against an employee or applicant because of pregnancy, childbirth, or another related condition.
In addition to pregnancy discrimination laws, Connecticut is one of the few states with a breastfeeding law as well. A Connecticut employer who has one or more employees must:
Connecticut employers must also ensure the breastfeeding room or location is:
Employers may not discriminate against, discipline, or take adverse employment action against employees who exercise their rights under this law.
No employer, under the Connecticut Whistleblower Protection Program, may discipline, penalize, or discriminate against an employee because:
Any employee who believes that either themselves or a fellow employee has been fired, disciplined, penalized, or otherwise discriminated against by an employer may file a complaint within 180 days of the violation.
The following list includes all of the required state labor law posting requirements for employers to display for employees within in Connecticut:
An all-in-one federal and state labor law poster for Connecticut will generally cover virtually all non-industry-specific posting requirements. Non-compliance is enforced by the Connecticut Department of Labor.
Fully grasping Connecticut's labor and employment laws can be an arduous task. With a lot of federal and state overlap, it's the employer's responsibility to understand what's required of their organization.
As a somewhat favorable state for the employee, labor laws are being created, altered or expanded upon quite frequently. So, although difficult, it's important to monitor guidance on legislation from authorities at the federal and state level.
If you are a Connecticut employer and need help complying with the labor laws of the state, a Connecticut HR consultant and payroll provider can help ensure that you are taking care of your workforce, while maintaining compliance, and improving productivity.