Connecticut to Become First State to Require Paid Sick Leave for Service Workers

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On June 8, Governor Daniel P. Malloy (D) signed into law “An Act Mandating Employers Provide Paid Sick Leave To Employees” (the Act), which requires employers to provide paid sick leave to their service workers. The Act takes effect on January 1, 2012 and provides for notice requirements, penalties against employers, and protection against retaliation for workers who complain about violations.

Coverage

The Act broadly applies to “employers,” which is defined to mean any person, business, or other entity that employs 50 or more individuals in the state of Connecticut in any one quarter in the previous year. The Act does not extend to manufacturing companies or any nationally chartered organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.

The Act covers “service workers,” who are defined as individuals in certain occupations who are paid on an hourly basis or who are not exempt from the Fair Labor Standards Act (FLSA) minimum wage and overtime provisions. Examples of “service workers” under the Act include the following: Food Service Managers; Pharmacists; Registered Nurses; Home Health Aides; Nursing Aides, Orderlies, and Attendants; Medical Assistants; Security Guards; Food Preparation Workers; Waiters and Waitresses; Janitors and Cleaners, except Maids and Housekeeping Cleaners; Baggage Porters, Bellhops, and Concierges; Cashiers; Retail Salespersons; First-Line Supervisors of Sales Workers; Secretaries and Administrative Assistants; Insurance Claims and Policy Processing Clerks; Office Clerks; Office and Administrative Support Workers; Bus Drivers; and Taxi Drivers and Chauffeurs. Independent contractors, temporary workers, and day laborers are not considered “service workers” for purposes of the Act.

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Published In: Administrative Agency Updates, Health Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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