Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part I - Definitions and General Provisions › Section 31-60-14 - Employee in bona fide executive capacity

Current through July 10, 2024
(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 (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 (2) who customarily and
				regularly directs the work of two or more other employees therein; and (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 (4) who customarily and regularly exercise discretionary
				powers; and (5) who does not devote more than twenty percent, or, in the case
				of an employee 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 which are
				not directly and closely related to the performance of the work described in
				subdivisions (1) to (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 (6) who is compensated
				for his services on a salary basis at a rate of not less than 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) the training
				period does not exceed six months; and (B) the employee is compensated for his
				services on a salary basis at a rate not less than three hundred seventy-five
				dollars per week exclusive of board, lodging, or other facilities during the
				training period; (C) a tentative outline of the training program has been
				approved by the labor commissioner; and (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 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.
(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.