§ 31-71b — Payment of wages. Electronic direct deposit of wages for state employees. Exemptions.

Connecticut § 31-71b

• Jurisdiction: Connecticut
• Title 31: Labor
• Ch. 558: Wages

Text

(a)(1) Except as provided in subdivision (2) of this subsection, each employer, or the agent or representative of an employer, shall pay weekly, or once every two weeks, all wages, salary or other compensation due each employee on a regular pay day, designated in advance by the employer using one or more of the following methods: (A) Cash; (B) by negotiable checks; (C) upon an employee's written or electronic request, by direct deposit; or (D) by payroll card, provided the requirements of section 31-71k are satisfied. (2) Unless otherwise requested by the recipient, the Comptroller shall, as soon as is practicable, pay all wages due each state employee, as defined in section 5-196 , by electronic direct deposit to such employee's account in any bank, Connecticut credit union or federal credit union that has agreed with the Comptroller to accept such wage deposits. (b) The end of the pay period for which payment is made on a regular pay day shall be not more than eight days before such regular pay day, provided, if such regular pay day falls on a nonwork day, payment shall be made on the preceding work day. (c) This section shall not be construed to (1) prohibit a local or regional board of education or an entity called a state-aided institution pursuant to section 5-175 and a recognized or certified exclusive bargaining representative of its certified or noncertified employees from including within their collective bargaining agreement a schedule for the payment of wages to certified employees or noncertified employees that differs from the requirements of subsections (a) and (b) of this section, or (2) prohibit a private or parochial school from entering into a written agreement with its certified or noncertified employees for the payment of wages to such employees that differs from the requirements of subsections (a) and (b) of this section. (d) Any agreement entered into pursuant to subdivision (2) of subsection (c) of this section shall be null and void if such private or parochial school ceases to operate prior to completing payment of all wages due to its certified or noncertified employees and such private or parochial school shall be liable for the payment of all wages due to its certified or noncertified employees. (e) Nothing in this section shall be construed to apply to employees swapping workdays or shifts as permitted under a collective bargaining agreement.

Legislative History

(1967, P.A. 714, S. 2; 1969, P.A. 251, S. 1; P.A. 00-65, S. 1, 2; May 9 Sp. Sess. 02-7, S. 91; P.A. 03-11, S. 1; 03-107, S. 10; P.A. 04-13, S. 1; P.A. 11-48, S. 34; 11-61, S. 76, 77; P.A. 12-83, S. 1; P.A. 13-252, S. 1; P.A. 16-125, S. 2; 16-169, S. 33.) History: 1969 act authorized payment of wages by credit to employee's bank account upon employee's written request in Subsec. (a); P.A. 00-65 added new Subsec. (c) re payment of wages to certified employees of local and regional boards of education, effective May 16, 2000; May 9 Sp. Sess. P.A. 02-7 added new Subsec. (d) to exempt from weekly payment of wages requirement employees who swap workdays or shifts as permitted under a collective bargaining agreement, effective August 15, 2002; P.A. 03-11 amended Subsec. (c) by adding provisions re paraprofessionals, effective July 1, 2003; P.A. 03-107 made a technical change, effective June 18, 2003; P.A. 04-13 amended Subsec. (c) to extend authorization for different payment schedule to all noncertified board of education employees, replacing references to “paraprofessionals” with references to “noncertified employees”, and deleting definition of “paraprofessional”, effective July 1, 2004; P.A. 11-48 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and amending same to add exception re Subdiv. (2) and make technical changes, and by adding Subdiv. (2) requiring Comptroller to pay wages for state employees by electronic direct deposit unless employee requests otherwise, effective July 1, 2011; P.A. 11-61 changed effective date of P.A. 11-48, S. 34, from July 1, 2011, to June 13, 2011, and amended Subsec. (a)(2) by adding “, as soon as is practicable,”, effective June 21, 2011; P.A. 12-83 amended Subsec. (c) to add “an entity called a state-aided institution pursuant to section 5-175”, effective June 6, 2012; P.A. 13-252 amended Subsec. (c) by designating existing provision re local or regional board of education or state-aided institution as Subdiv. (1) and adding Subdiv. (2) re private and parochial schools and the employees of such schools, added new Subsec. (d) re liability of private and parochial schools that cease to operate prior to paying all employee wages, and redesignated existing Subsec. (d) as Subsec. (e), effective July 11, 2013; P.A. 16-125 amended Subsec. (a)(1) by deleting provision re wages to be paid by credit to employee's bank account, adding provisions re wages to be paid by direct deposit or payroll card and making technical changes; P.A. 16-169 amended Subsec. (a)(1) by adding “, or once every two weeks,”, effective June 6, 2016. Cited. 212 C. 294; 228 C. 106. Agreement between small company employer and employees that wages not due, before and after agreement, until employer has sufficient revenue violates statute and is contrary to public policy. 287 C. 464. Where condition precedent to accrual of commissions has not been satisfied, commissions are not “due” within the meaning of section. 322 C. 385. Cited. 36 CA 29. Constitutional requirement of due process not violated merely because mens rea is not required element of a prescribed crime. 37 CA 379. Crime of failure to pay wages is a strict liability crime and does not require a mens rea of at least criminal negligence. 83 CA 67.