A Comprehensive Overview of Connecticut Workplace Laws

Introductory Guide to Connecticut Workplace Laws

A solid understanding of workplace laws is crucial both for employers who must comply with applicable tasks of running a business, and for employees who need to know their rights when entering the workplace. In general, employment laws in Connecticut are codified in Chapter 558 of the Connecticut General Statutes and cover everything from wages to discrimination. Some laws apply to all/public and others only to private workplaces, depending upon the number of employees.
For example, the Family Medical Leave Act (FMLA) only applies to larger employers that meet the threshold requirement of having at least 50 employees. The Connecticut Family and Medical Leave Act (CFMLA), however, is available to smaller employers with as few as 75 employees. It may be easy for employers to overlook or confuse the differences, which can carry heavy liability.
The Connecticut Department of Labor keeps a Current List of Employment Laws and Related Statutes on its website, which details all the relevant Connecticut employment laws and links directly to the respective legislation .
Many employment laws are further supplemented by federal laws and regulations. This area of law has seen increased efforts on the state-level to expand protections from federal laws, which are enforced by various federal agencies.
For example, employers in Connecticut with three or more employees are required under Connecticut law to provide paid sick leave for certain service workers. For federal employees and employers engaged in certain types of financial business, the Family and Medical Leave Act (FMLA) governs the intermittence of taking leave. Federal regulations also include wage and hour laws, which specify minimum payments to workers and overtime requirements.
While Connecticut’s labor laws are heavily supplemented by federal law, they also set stricter penalties and regulations than federal law does, such as more stringent requirements for leaves of absence and broader protections against discrimination. It can be easy for employers dealing with a variety of legislative bodies, both federal and state, to lose track of the differences in regulation by overlapping areas.

Minimum Wage and Overtime Pay

Under Conn. Gen. Stat. § 31-58, the minimum wage that employees can be paid in Connecticut is $15.00 per hour as of June 1, 2023. The statute allows for increases to Connecticut’s minimum hourly wage annually on June 1st. Starting June 1, 2024, the minimum wage will increase to $16.00 per hour and can continue to increase on an annual basis thereafter. Prior to June 1, 2023, the minimum wage was $14.00 per hour, which was the last increase made under Public Act 19-4 signed into law in April 2019.
In Connecticut, non-exempt employees are also entitled to overtime pay for all the overtime hours worked. Employees must be paid overtime at a rate one and one half times the regular rate of pay for all hours worked over forty in a workweek. As of June 1, 2023, the overtime rate must be paid at a rate not less than $22.50 per hour (time and one half $15.00 per hour). The time period used to calculate overtime does not have to be a calendar week. For example, an employer may choose to divide the workweek into daily periods and obtain employee consent to average the hours worked in the daily period over the whole workweek for purposes of calculating overtime. Under federal law, which Connecticut law adheres to absent special circumstances, employers can also exclude certain leave time for which the employee did not actually work (i.e., sick days, PTO, etc.) when calculating the overtime rate. That said, entitlements under the FMLA and Connecticut Paid Family Medical Leave Act may require such leave to be counted for overtime purposes.

Rights and Protections of Workers

Employees in Connecticut are afforded numerous rights and protections by our state and federal laws. These protections primarily relate to prohibitions on discrimination and retaliation against employees of all kinds, whether in the private or public sector.
Much of these are embodied in a law called Conn. Gen. Stat. Sec. 46a-60, enacted in 1991. Among other rights, this law prohibits the discriminatory discharge of an employee based on: race; religion; gender; marital status; national origin; age; sex or sexual orientation; physical or mental disability; inclusion in a protected class under the Armed Forces Bill of Rights ("An employer shall not discriminate in compensation or in terms, conditions or privileges of employment because of any individual’s or employee’s . . . membership in the armed forces of the United States . . ."); or an individual’s status as a homeless person. Conn. Gen. Stat. § 46a-60(a)(1).
These protections are mirrored by prohibitions against discriminatory actions, benefits or protections against public employees. These prohibitions are contained in Conn. Gen. Stat. Sec. 5-270-274, as amended in accordance with a 2008 Connecticut Supreme Court decision, Ascher v. State Board of Mediation & Arbitration, 284 Conn. 673 (2007). These statutes, as amended, ensure that "rank and file" public employees are entitled to rights and protections examined above.
Potential remedies for discrimination are provided in Conn. Gen. Stat. Secs. 46a-102 and 7-465. On a state level, employees may be entitled to back pay for lost earnings owing to the discriminatory act and reinstatement of employment for rank and file public employees. Conn. Gen. Stat. Sec. 46a-82. The Connecticut Supreme Court has also ruled that Conn. Gen. Stat. Sec. 46a-98 may provide for damages to compensate for emotional distress and injury to community reputation. See Samaka v. Siemon Net Co., 303 Conn. 552 (2012). A prevailing employee will be awarded reasonable costs and attorney fees. Conn. Gen. Stat. Sec. 46a-104.
Reduced immunity for the state of Connecticut also applies. See Conn. Gen. Stat. Sec. 46a-30. With respect to rank and file public employees, further awards may include seniority pay (Conn. Gen. Stat. Secs. 5-271(c), 5-272) and attorneys’ fees (Conn. Gen. Stat. Sec. 5-271(e)). Finally, state employees may appeal the decision of the State Employee Relations Board (Conn. Gen. Stat. Sec. 5-271(d)) to the Appellate Court for up to seven days after the decision is rendered. See Pesino v. Enterprise Leasing Co., 254 Conn. 502, 515 (2000).
Connecticut workplace law also includes more recent legislative enactments of interest. For example, in 2011, the General Assembly enacted Conn. Gen. Stat. Secs. 31-51q and 31-51u, which create a private cause of action for whistleblowers and increased protections from retaliatory employment actions for both public and private employees who report or threaten to report on "reasonable grounds" violations of state or federal law. These enactments supplement and broaden an earlier enactment, Conn. Gen. Stat. Sec. 4-61dd, which provided protections to those employees who report violations of specific state laws concerning municipal employees. In addition, certain types of medical care provider employees are protected from discriminatory discharge, retaliation or termination based upon Conn. Gen. Stat. Sec. 20-7c. This section prohibits certain acts which may relate to Connecticut’s public policy.

Employee Entitlements to Leave

Employees in Connecticut enjoy a number of leave entitlements. A review of these entitlements is critical to ensure compliance with the laws.
Sick Leave
There is no state law requiring paid sick leave apart from municipalities that have ordinances addressing this entitlement. New Haven and Hartford are among the cities that mandate the accrual of sick leave.
Family and Medical Leave
Unlike other states, Connecticut does not have a state-specific family and medical leave law. However, it does have a mini-Family and Medical Leave Act (CFMLA) that applies to employers with 75 or more employees in Connecticut.
Appeals Court Clarifies Connecticut Paid Family Leave Eligibility
In a departure from prior decisions of the Connecticut Department of Labor, a Connecticut Appellate Court recently determined that to qualify for Connecticut paid family leave benefits, the employee must be employed for at least 680 hours in the 12 months immediately preceding the first day of her leave, not in the first year of work itself. The Court indicated that the CFMLA was remedial legislation that should be broadly construed.
Paid Family and Medical Leave
Effective January 1, 2021, the paid family and medical leave program provides paid family and medical leave benefits to eligible workers. Employees are eligible if they have earned at least $5,300.00 during the highest-earning quarter of the five most recently completed quarters. There are a number of factors that are considered in determining the amount and duration of benefits.
Paid Leave Due to Covid-19
For questions related to COVID-19 leave, please contact an attorney for assistance.

Occupational Health and Safety Rules

The Occupational Safety and Health Administration (OSHA), a federal agency under the U.S. Department of Labor, is the primary enforcer of workplace safety and health regulations in the country. OSHA has a two-fold goal: to protect employees from unsafe conditions in the workplace and to ensure that employers comply with federal safety and health laws.
Under the federal Occupational Safety and Health Act of 1970, employers are required to provide a workplace that does not have serious hazards. Some employee rights under federal law include the right to: All employers face a "general duty" responsibility under OSHA that requires them to provide a work environment free of recognized hazards. To help implement this general duty, OSHA has enacted several regulations specific to certain industries. For example, OSHA clearly outlines the responsibilities of employers in the construction industry and shipbuilding industry when it comes to workers’ safety .
In addition to the federal OSHA regulations, Connecticut also has its own Agency of Occupational Safety and Health (Con-OSHA) which is located within the state’s Department of Labor. Most Connecticut employers will only need to comply with federal OSHA regulations, but certain specific employers are required to comply with additional Connecticut workplace safety laws. In Connecticut, Con-OSHA specifically regulates employers in the following industries: The State of Connecticut has also partnered with the federal OSHA to develop the Connecticut State Plan, which administers OSHA protections in the state. Con-OSHA has an injury surveillance program that collects data on private sector occupational injuries and illnesses in Connecticut. Connecticut also has a Confined Space Regulation (Regulation of Connecticut State Agencies Only) which is a set of standards that is used to prevent workplace accidents when employees enter confined, hazardous spaces and also includes elements regarding the training of employees on these hazards.

Guidelines for Employment and Dismissal

Employers in Connecticut are subject to a variety of laws that govern the hiring process and the termination of employment. Among these laws are regulations that pertain to Connecticut unemployment compensation, federal law that prohibits employers from discriminating against an employee because of a protected characteristic (in hiring or termination), and the requirement that employers provide a written and signed separation notice to employees who are discharged.
Connecticut unemployment compensation laws – Burden on Employers
In order to successfully defend a claim for unemployment benefits, the employer must complete the "Separation Notice" that is provided by the Department of Labor after the employee files the claim. This notice not only requires the employer to indicate the reason for the separation, but also the date that the employment ended. The notice must be signed, and either submitted directly to the appropriate unemployment office, or returned to the employee so that it will be submitted along with the claim. Failure to complete the Separation Notice as required will result in the employer being held responsible for the unemployment benefits regardless of the particular facts.
Federal Laws
The federal laws that might be relevant in hiring and termination practices include:
Title VII of the Civil Rights Act of 1964 (prohibits discrimination against employees or applicants in hiring and other employment actions on the basis of the following "protected categories" – race, color, religion, sex, and national origin);
The Pregnancy Discrimination Act of 1978 (amendment of Title VII that prohibits discrimination against pregnant women);
The Age Discrimination in Employment Act of 1967 (prohibits discrimination against individuals who are over 40 years of age);
The Fair Labor Standards Act of 1938 (sets new standards for minimum wage and overtime pay, prohibits the employment of minors in hazardous occupations, sets standards for youth employment, and requires record keeping of employment of minors);
The Americans with Disabilities Act of 1990 (prohibits discrimination against employees and applicants with disabilities);
The Family and Medical Leave Act of 1993 (requires certain employers to provide 12 weeks of unpaid leave per year for specified family-related reasons); and
The Fair Credit Reporting Act (includes a provision that requires employers to provide a copy of, the nature and scope of any consumer report obtained, if requested).
Obligation of Employers When Terminating Employment
In Connecticut, an employer is required to provide a written and signed separation notice to an employee who is discharged from his or her employment. The notice must be given within 5 days of the discharge or the employer must provide unemployment compensation when a claim is filed by the employee.

Recent Developments and Future Implications

There have been no recent updates to CT workplace laws as of the last update to our calendar. However, there are a number of proposed changes to federal employment law that would impact employers if passed. House Bill 2474 addresses the area of classified employees versus independent contractors. This proposed bill would require companies to meet new criteria when hiring individuals as independent contractors so that the IRS test is met and those individuals will not be identified as employees. While this bill is currently in the early stages of being passed , employers may want to consider re-evaluating how they classify workers in their businesses.
In addition, proposed changes to federal law regarding FMLA are likely to move forward to a vote and may have a significant impact on Connecticut employers. Current voting trends suggest that changes to the definition of "parent" under the laws will be approved, adding "state law stand-in" in the definition to allow grandparents and others to become caretakers of a child. Stay tuned for new developments by enrolling in our free newsletter.