Fulco v. Norwich Roman Catholic Diocesan Corp.

609 A.2d 1034, 27 Conn. App. 800, 7 I.E.R. Cas. (BNA) 1344, 30 Wage & Hour Cas. (BNA) 1778, 1992 Conn. App. LEXIS 233
CourtConnecticut Appellate Court
DecidedJune 16, 1992
Docket10664
StatusPublished
Cited by56 cases

This text of 609 A.2d 1034 (Fulco v. Norwich Roman Catholic Diocesan Corp.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fulco v. Norwich Roman Catholic Diocesan Corp., 609 A.2d 1034, 27 Conn. App. 800, 7 I.E.R. Cas. (BNA) 1344, 30 Wage & Hour Cas. (BNA) 1778, 1992 Conn. App. LEXIS 233 (Colo. Ct. App. 1992).

Opinion

Hetman, J.

The plaintiff appeals from the trial court’s judgment in favor of the defendant on the second, fourth, sixth and seventh counts of the complaint. The trial court rendered its judgment after granting the defendant’s motion to strike these counts and their corresponding prayers for relief. See Practice Book § 152 (1).

The plaintiff claims that the trial court improperly (1) refused to apply retrospectively Public Acts 1990, No. 90-55, amending General Statutes § 31-72, (2) found that he had not stated a cause of action under General Statutes § 31-72 as it existed before its amendment by Public Acts 1990, No. 90-55, (3) determined that he had not alleged sufficient facts to invoke the “employer policy” clause of General Statutes § 31-76k, and (4) found that his claim based on the defendant’s alleged negligent infliction of emotional distress was barred by General Statutes § 31-284 (a), the exclusivity provision of the Workers’ Compensation Act. We reverse only the part of the trial court’s judgment in favor of the defendant on the plaintiff’s claim for the negligent infliction of emotional distress, and affirm the balance of the judgment.

[802]*802The plaintiff alleged the following facts in his complaint.1 The defendant hired the plaintiff to serve as its director of finance in 1985 and agreed, among other things, to allow him twenty paid vacation days per year. The defendant discharged the plaintiff from employment effective June 23, 1989. As of that date, the plaintiff had used only twenty-six of the 100 vacation days he had earned. The defendant, however, has paid the plaintiff only for twenty vacation days, and owes him the cash value of the remaining fifty-four vacation days.

The plaintiff commenced this lawsuit by filing an eight count complaint. The first count alleged a breach of the parties’ contract. The third count alleged unjust enrichment. The fifth count sought recovery based on quantum meruit. The second, fourth and sixth counts, respectively, alleged an entitlement to double damages pursuant to General Statutes § 31-72 based on the facts set forth in the first, third and fifth counts respectively. The seventh and eighth counts alleged, respectively, the negligent and intentional infliction of emotional distress. The defendant filed a motion to strike the second, fourth and sixth counts, which sought double damages, as well as the seventh count, which sought recovery for the negligent infliction of emotional distress. The trial court granted the motion to strike and rendered judgment in favor of the defendant on the second, fourth, sixth and seventh counts of the complaint. This appeal followed.

I

The plaintiff asserts that the trial court improperly determined that No. 90-55 of the 1990 Public Acts, an amendment to General Statutes § 31-72, does not apply [803]*803retrospectively. He further argues that even if the amendment does not apply retrospectively, the trial court improperly determined that he had not alleged sufficient facts to entitle him to double damages under General Statutes § 31-72. We disagree with both claims.

On June 23,1989, the effective date of the plaintiffs discharge, General Statutes (Rev. to 1989) § 31-72 provided in pertinent part: “When any employer fails to pay an employee wages in accordance with the provisions of sections 31-71a to 31-71Í . . . such employee . . . may recover, in a civil action, twice the full amount of such wages, with costs and such reasonable attorney’s fees as may be allowed by the court . . . .” (Emphasis added.) Public Acts 1990, No. 90-55, which took effect on July 1, 1990, amended § 31-72 by providing for double damages “[w]hen any employer fails to pay an employee wages in accordance with the provisions of sections 31-71a to 31-71Í . . . or fails to compensate an employee in accordance with section 31-76k . . . .” (Emphasis added.) General Statutes § 31-76k provides that an employer shall pay an employee accrued fringe benefits, including vacation pay, upon the employee’s discharge.

General Statutes § 55-3 provides that “[n]o provision of the general statutes, not previously contained in the statutes of the state, which imposes any new obligation on any person or corporation, shall be construed to have a retrospective effect.” “ 'The “obligations” referred to in the statute are those of substantive law’; Nagle v. Wood, 178 Conn. 180, 186, 423 A.2d 875 (1979); and ‘[legislation which limits or increases statutory liability has generally been held to be substantive in nature.’ Little v. Ives, 158 Conn. 452, 457, 262 A.2d 174 (1969). ‘[W]e have uniformly interpreted § 55-3 as a rule of presumed legislative intent that statutes affecting substantive rights shall apply prospectively only.’ Darak v. Darak, 210 Conn. 462, 467, 556 A.2d [804]*804145 (1989); Westport v. State, 204 Conn. 212, 219, 527 A.2d 1177 (1987). ‘The legislature only rebuts this presumption when it “clearly and unequivocally” expresses its intent that the legislation shall apply retrospectively.’ Darak v. Darak, supra, 468; see also State v. Lizotte, 200 Conn. 734, 741, 517 A.2d 610 (1986).” Gormley v. State Employees Retirement Commission, 216 Conn. 523, 529, 582 A.2d 764 (1990).

The plaintiff argues that Public Act No. 90-55 applies retrospectively because it does not create a substantive right, but merely clarifies the legislature’s intent that the term “wages” in § 31-72 be construed to include vacation pay. In support, he relies exclusively on the legislative history of Public Act No. 90-55.

“The principal canon of statutory construction is that where the statutory language is clear and unambiguous, we interpret the statute to mean what it says. Winchester Woods Associates v. Planning & Zoning Commission, 219 Conn. 303, 310, 592 A.2d 953 (1991). Under such circumstances, we will look no further for interpretive guidance. Caltabiano v. Planning & Zoning Commission, 211 Conn. 662, 666, 560 A.2d 975 (1989).” Koskoff v. Haddam Planning & Zoning Commission, 27 Conn. App. 443, 456, 607 A.2d 1146 (1992) (Heiman, J., dissenting). General Statutes § 31-71a (3) defines “wages” for the purposes of § 31-72 as “compensation for labor or services rendered by an employee . . . .” Thus, the definition of wages is limited to remuneration for labor or services rendered, and does not include vacation pay, which is compensation for loss of wages. See McGowan v. Administrator, 153 Conn. 691, 693, 220 A.2d 284 (1966); Conon v. Administrator, 142 Conn. 236, 245, 113 A.2d 354 (1955); Kelly v. Administrator, 136 Conn. 482, 487, 72 A.2d 54 (1950).

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Bluebook (online)
609 A.2d 1034, 27 Conn. App. 800, 7 I.E.R. Cas. (BNA) 1344, 30 Wage & Hour Cas. (BNA) 1778, 1992 Conn. App. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulco-v-norwich-roman-catholic-diocesan-corp-connappct-1992.