A Special Wage Rate for the Mercantile Industry

We have been asked from time to time by clients whether employees working for a business in the retail sale of goods are required to be paid a minimum of four (4) hours even if required to work less.

The answer is yes. Under Connecticut Department of Labor Regulations Section 31-62-D2, any employer employing people to work in a “mercantile trade” as defined therein, must pay an employee for a minimum of four (4) hours at his/her regular pay rate notwithstanding whether the hours worked are actually less than four (4) hours. (The regulations define “mercantile trade” as “the trade of wholesale or retail selling of commodities and any operation supplemental or incidental thereto, including, but not limited to, buying, delivery, maintenance, office, stock and clerical work. Repair and service employees may be excluded if the major portion of their duties is unrelated to the mercantile trade as herein defined.”)

An employer may obtain a waiver for this four (4 hour) minimum requirement only upon entering into a written waiver agreement signed by the employee and approved by the Labor Department, and only if the minimum daily pay received by that employee is at twice the applicable minimum hourly rate.

For any questions about this regulation or any other wage and hour questions, give us a call.

Posted in Compensation

This blog/web site presents general information only. The information you obtain at this site is not, nor is it intended to be, legal advice, and you should not consider or rely on it as such. You should consult an attorney for individual advice regarding your own situation. This website is not an offer to represent you. You should not act, or refrain from acting, based upon any information at this website. Neither our presentation of such information nor your receipt of it creates nor will create an attorney-client relationship with any reader of this blog. Any links from another site to the blog are beyond the control of Pullman & Comley, LLC and do not convey their approval, support or any relationship to any site or organization. Any description of a result obtained for a client in the past is not intended to be, and is not, a guarantee or promise the firm can or will achieve a similar outcome.

PDF
Subscribe to Updates

About Our Labor, Employment and Employee Benefits Law Blog

Alerts, commentary, and insights from the attorneys of Pullman & Comley’s Labor, Employment Law and Employee Benefits practice on such workplace topics as labor and employment law, counseling and training, litigation, immigration law and union issues, as well as employee benefits and ERISA matters.

Other Blogs by Pullman & Comley

Connecticut Health Law Blog

Education Law Notes

For What It May Be Worth

Recent Posts

Archives

Jump to Page