No employer may withhold or divert any portion of an employee's wages unless (1) the employer is required or empowered to do so by state or federal law, or (2) the employer has written authorization from the employee for deductions on a form approved by the commissioner, or (3) the deductions are authorized by the employee, in writing, for medical, surgical or hospital care or service, without financial benefit to the employer and recorded in the employer's wage record book, or (4) the deductions are for contributions attributable to automatic enrollment, as defined in section 31-71j, in a retirement plan described in Section 401(k), 403(b), 408, 408A or 457 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, established by the employer, or in the Connecticut Retirement Security Program established pursuant to section 31-418, or (5) the employer is required under the law of another state to withhold income tax of such other state with respect to (A) employees performing services of the employer in such other state, or (B) employees residing in such other state.
(1967, P.A. 714, S. 5; P.A. 08-118, S. 1; P.A. 13-8, S. 1; P.A. 16-29, S. 18; May Sp. Sess. P.A. 16-3, S. 107, 207; P.A. 22-118, S. 116.)
History: P.A. 08-118 added Subdiv. (4) to permit employer to withhold employee's wages for contributions to automatic enrollment retirement plan; P.A. 13-8 added Subdiv. (5) permitting employer to withhold or divert employee wages if the employer is required under the law of another state to withhold income tax of such other state; P.A. 16-29 amended Subdiv. (4) by adding reference to Connecticut Retirement Security Program, effective July 1, 2016; May Sp. Sess. P.A. 16-3 changed effective date of P.A. 16-29, S. 18, from July 1, 2016, to January 1, 2017, effective June 2, 2016, and amended Subdiv. (4) by replacing “Connecticut Retirement Security Program” with “Connecticut Retirement Security Exchange”, effective January 1, 2017; P.A. 22-118 replaced reference to “Exchange” with “Program,” effective July 1, 2022.
Cited. 212 C. 294. Formula for calculating salesperson's commissions did not violate prohibition against employer deducting money from employees' wages. 260 C. 152. Under 2007 revision, written authorization re potential forfeiture of withheld wages was informed and voluntary and complied with requirements of Subdiv. (2), and employer's failure to seek Labor Commissioner's approval of plan election form did not, by itself, require invalidation of authorized payroll plan deductions because statute is directory, not mandatory, re form approval. 289 C. 769.
Plaintiff, an at-will employee, failed to provide any law or legal analysis to support claim that trial court improperly concluded that, in implementing furlough program affecting all salaried and hourly employees, employer did not violate statute prohibiting withholding of any portion of an employee's salary. 52 CA 724.
Cited. 40 CS 246.
Structure Connecticut General Statutes
Section 31-58a. - Minimum wage for minors in government or agricultural employment.
Section 31-59. - Investigation.
Section 31-60. - Payment of less than minimum or overtime wage. Regulations.
Section 31-61 and 31-62. - Wage board. Report and regulations.
Section 31-63. - Orders and appeal.
Section 31-64 and 31-65. - Reconsideration of wage rates. Modification of orders.
Section 31-66. - Employers' records. Orders to be posted.
Section 31-67. - Exception for person with impaired capacity.
Section 31-68a. - Enforcement of chapter.
Section 31-68b. - Reciprocal agreements.
Section 31-69a. - Additional penalty.
Section 31-69b. - Discharge, discipline, penalty or discrimination prohibited. Right of action.
Section 31-70. - Withholding wages.
Section 31-71. - Weekly payment of wages; how paid when employment ends.
Section 31-71a. - Payment of wages: Definitions.
Section 31-71c. - Payment of wages on termination of employment.
Section 31-71d. - Payment where wages disputed.
Section 31-71e. - Withholding of part of wages.
Section 31-71f. - Employer to furnish employee certain information.
Section 31-71h. - Regulations.
Section 31-71i. - Waiver of payment schedule requirement.
Section 31-71j. - Automatic enrollment retirement plans.
Section 31-71k. - Payment of wages by payroll cards. Study of payroll card usage. Regulations.
Section 31-71l. - Domestic workers education and training grants program.
Section 31-72. - Civil action to collect wage claim, fringe benefit claim or arbitration award.
Section 31-73. - Refund of wages for furnishing employment.
Section 31-74. - Wages not to be scaled.
Section 31-74a. - Computation and payment of vacation pay.
Section 31-76b. - Overtime pay: Definitions.
Section 31-76c. - Length of workweek.
Section 31-76d. - Workweek for certain establishments.
Section 31-76e. - Maximum workweek under contract or collective bargaining agreement.
Section 31-76f. - Piece rates; two or more kinds of work.
Section 31-76g. - Crediting of certain extra compensation.
Section 31-76h. - Hospital employees.
Section 31-76j. - Prior wage orders and regulations.
Section 31-76k. - Payment of fringe benefits upon termination of employment.
Section 31-76l. - Regulations.
Section 31-76m. - Remission of portion of fine or civil penalty to municipality.
Section 31-76n. - Connecticut Low Wage Employer Advisory Board. Duties. Members. Report.
Section 31-76o. - Civil action to collect past due payments to employee welfare fund.