Connecticut · delivery / merchandiser overtime
Connecticut delivery driver & sales merchandiser overtime (§ 31-76b(1))
Under CGS § 31-76b(1), a non-exempt delivery driver or sales merchandiser paid on a base salary and commission basis has regular rate = weekly remuneration ÷ 40 — never ÷ hours worked. Overtime under § 31-76c is RR × 1½ × hours over 40. Williams v. GNC (2017): this class is Connecticut’s sole statutory FWW carve-out. Example: $800 + $400 / 50h → $1,650 (FWW would be $1,320). Not PA all-salaried ÷40. Not /flsa-regular-rate/ FWW.
How CGS § 31-76b(1) pays
P.A. 03-239 amended § 31-76b(1) to state that for calculating overtime for an employee who is (i) employed as a delivery driver or sales merchandiser, (ii) paid on a base salary and commission basis, and (iii) not exempt from overtime, “the employee’s regular rate shall be one-fortieth of the employee’s weekly remuneration.” Overtime hours then pay at one and one-half times that rate under § 31-76c.
In Williams v. General Nutrition Centers, Inc., 326 Conn. 651 (2017), the Connecticut Supreme Court held that Connecticut’s wage statutes otherwise allow the FLSA-style fluctuating-workweek method — but recognized this delivery-driver / sales-merchandiser clause as the sole statutory exception requiring the ÷40 divisor.
Worked example on this page: $800 base salary + $400 commissions = $1,200 remuneration; 50 hours → RR = $1,200 ÷ 40 = $30; OT = $30 × 10 × 1.5 = $450; total = $1,650. The same week under FWW half-time uses RR = $1,200 ÷ 50 = $24 and adds only $120 half-time for a total of $1,320.
$800 salary + $400 commissions · five 10h days → RR $30 · OT $450 · total $1,650 (FWW contrast $1,320).
$600 + $900 commissions · 55h → RR $37.50 · OT $843.75 · total $2,343.75.
$800 + $400 · five 8h days (40h) → no OT · total $1,200.
Same $1,200 / 50h under CT/FLSA FWW → $1,320.
Sources
- CGS § 31-76b (Justia) — regular rate; delivery driver / sales merchandiser ÷40 clause (P.A. 03-239)
- CGS § 31-76b (FindLaw mirror)
- CT DOL — Wage & Hour
- Williams v. General Nutrition Centers, Inc., 326 Conn. 651 (2017) — FWW allowed generally; § 31-76b(1) carve-out
FAQ
How is CT delivery/merchandiser OT calculated?
RR = weekly remuneration ÷ 40. OT pay = RR × OT hours × 1.5. Total = remuneration + OT. Example: $800+$400 / 50h → $1,650.
Is FWW allowed for these workers?
No. Williams holds CT otherwise allows FWW, but this § 31-76b(1) clause is the sole statutory ÷40 carve-out. Same week FWW totals $1,320.
Same as PA salaried ÷40?
No. PA covers all non-exempt salaried. CT covers only delivery drivers / sales merchandisers on salary + commission.
Daily overtime?
No — weekly after 40 only under §§ 31-76b–31-76c for this class.
Who is covered?
Non-exempt delivery drivers or sales merchandisers paid on base salary and commission. Not tip-credit. Not mercantile D2 reporting. Not restaurant E1.
2007 SB 1380 compressed-week language?
Not in current § 31-76b text. This page implements only the enacted ÷40 remuneration rule.