connecticut dept of labor programs & services for
TRANSCRIPT
CONNECTICUT DEPT OF LABOR PROGRAMS amp SERVICES FOR
EMPLOYERS
February 24 2016
Indicates required fields
Work Opportunity Tax Credit (WOTC)
Created by Congress in 1996
Offers tax credit incentives to private sector employers to hire individuals from groups that traditionally have had the most difficulty in securing employment
Benefits of the WOTC
WOTC is included in the General Business Creditwhich reduces Federal income tax liability
No limit to the number of eligible people the employer can hire
Only minimal paperwork must be filed to claim a tax credit
Unused credits may be carried back for one year and carried forward 20 years
WOTC Targeted Groups
Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)recipients
Supplemental Nutritional Assistance Program (SNAP) recipients age 18 to 39
Ex-felons
Supplemental Security Income (SSI) Recipients
Veterans who are disabled unemployed or receive Food Stamps
WOTC Targeted Groups - Continued
Vocational Rehabilitation Referral - and Ticket-to-Work holders with an individual work plan developed and implemented by an employment network
Designated Community Residents age 18-39 residing in Federally defined Empowerment Zone (EZ) or Enterprise Community (EC)
Summer Youth employees age 16 or 17 residing within Federally defined EZ or EC
Disconnected Youth age 16 to 24 who are not attending school during the 6 month period preceding the hiring date not regularly employed during such 6 month period and not readily employable by reason of lacking sufficient basic skills (discontinued 12312010)
Long-term Family Assistance Recipients (LTFAR) of Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)
Where are the Federal Empowerment
Zones (EZ) Enterprise Communities
(EC) in Connecticut
Address may be verified by accessing the HUDwebsite of EZEC atwwwegishudgovezrclocator
Located in certain areasof New Haven
Long-term Family Assistance (LTFAR) Category
Provides a WOTC tax credit of up to $9000 over a two-year period to companies that hire long-term family assistance recipients of Aid to Families with Dependent Children (AFDC) or its successor program Temporary Assistance to Needy Families (TANF)
Who Qualifies for the LTFAR Category
Individuals whose AFDC or TANF eligibility expired
under Federal or State law after August 5 1997 andare hired within two years after this eligibility expired
Individuals who received AFDC or TANF for at least 18 consecutivemonths ending on the date of hire
Individuals who received AFDC or TANF for a total of at least 18 months after August 5 1997and are hired within two years after the 18-month period is reached
OR
OR
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Indicates required fields
Work Opportunity Tax Credit (WOTC)
Created by Congress in 1996
Offers tax credit incentives to private sector employers to hire individuals from groups that traditionally have had the most difficulty in securing employment
Benefits of the WOTC
WOTC is included in the General Business Creditwhich reduces Federal income tax liability
No limit to the number of eligible people the employer can hire
Only minimal paperwork must be filed to claim a tax credit
Unused credits may be carried back for one year and carried forward 20 years
WOTC Targeted Groups
Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)recipients
Supplemental Nutritional Assistance Program (SNAP) recipients age 18 to 39
Ex-felons
Supplemental Security Income (SSI) Recipients
Veterans who are disabled unemployed or receive Food Stamps
WOTC Targeted Groups - Continued
Vocational Rehabilitation Referral - and Ticket-to-Work holders with an individual work plan developed and implemented by an employment network
Designated Community Residents age 18-39 residing in Federally defined Empowerment Zone (EZ) or Enterprise Community (EC)
Summer Youth employees age 16 or 17 residing within Federally defined EZ or EC
Disconnected Youth age 16 to 24 who are not attending school during the 6 month period preceding the hiring date not regularly employed during such 6 month period and not readily employable by reason of lacking sufficient basic skills (discontinued 12312010)
Long-term Family Assistance Recipients (LTFAR) of Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)
Where are the Federal Empowerment
Zones (EZ) Enterprise Communities
(EC) in Connecticut
Address may be verified by accessing the HUDwebsite of EZEC atwwwegishudgovezrclocator
Located in certain areasof New Haven
Long-term Family Assistance (LTFAR) Category
Provides a WOTC tax credit of up to $9000 over a two-year period to companies that hire long-term family assistance recipients of Aid to Families with Dependent Children (AFDC) or its successor program Temporary Assistance to Needy Families (TANF)
Who Qualifies for the LTFAR Category
Individuals whose AFDC or TANF eligibility expired
under Federal or State law after August 5 1997 andare hired within two years after this eligibility expired
Individuals who received AFDC or TANF for at least 18 consecutivemonths ending on the date of hire
Individuals who received AFDC or TANF for a total of at least 18 months after August 5 1997and are hired within two years after the 18-month period is reached
OR
OR
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Work Opportunity Tax Credit (WOTC)
Created by Congress in 1996
Offers tax credit incentives to private sector employers to hire individuals from groups that traditionally have had the most difficulty in securing employment
Benefits of the WOTC
WOTC is included in the General Business Creditwhich reduces Federal income tax liability
No limit to the number of eligible people the employer can hire
Only minimal paperwork must be filed to claim a tax credit
Unused credits may be carried back for one year and carried forward 20 years
WOTC Targeted Groups
Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)recipients
Supplemental Nutritional Assistance Program (SNAP) recipients age 18 to 39
Ex-felons
Supplemental Security Income (SSI) Recipients
Veterans who are disabled unemployed or receive Food Stamps
WOTC Targeted Groups - Continued
Vocational Rehabilitation Referral - and Ticket-to-Work holders with an individual work plan developed and implemented by an employment network
Designated Community Residents age 18-39 residing in Federally defined Empowerment Zone (EZ) or Enterprise Community (EC)
Summer Youth employees age 16 or 17 residing within Federally defined EZ or EC
Disconnected Youth age 16 to 24 who are not attending school during the 6 month period preceding the hiring date not regularly employed during such 6 month period and not readily employable by reason of lacking sufficient basic skills (discontinued 12312010)
Long-term Family Assistance Recipients (LTFAR) of Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)
Where are the Federal Empowerment
Zones (EZ) Enterprise Communities
(EC) in Connecticut
Address may be verified by accessing the HUDwebsite of EZEC atwwwegishudgovezrclocator
Located in certain areasof New Haven
Long-term Family Assistance (LTFAR) Category
Provides a WOTC tax credit of up to $9000 over a two-year period to companies that hire long-term family assistance recipients of Aid to Families with Dependent Children (AFDC) or its successor program Temporary Assistance to Needy Families (TANF)
Who Qualifies for the LTFAR Category
Individuals whose AFDC or TANF eligibility expired
under Federal or State law after August 5 1997 andare hired within two years after this eligibility expired
Individuals who received AFDC or TANF for at least 18 consecutivemonths ending on the date of hire
Individuals who received AFDC or TANF for a total of at least 18 months after August 5 1997and are hired within two years after the 18-month period is reached
OR
OR
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Benefits of the WOTC
WOTC is included in the General Business Creditwhich reduces Federal income tax liability
No limit to the number of eligible people the employer can hire
Only minimal paperwork must be filed to claim a tax credit
Unused credits may be carried back for one year and carried forward 20 years
WOTC Targeted Groups
Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)recipients
Supplemental Nutritional Assistance Program (SNAP) recipients age 18 to 39
Ex-felons
Supplemental Security Income (SSI) Recipients
Veterans who are disabled unemployed or receive Food Stamps
WOTC Targeted Groups - Continued
Vocational Rehabilitation Referral - and Ticket-to-Work holders with an individual work plan developed and implemented by an employment network
Designated Community Residents age 18-39 residing in Federally defined Empowerment Zone (EZ) or Enterprise Community (EC)
Summer Youth employees age 16 or 17 residing within Federally defined EZ or EC
Disconnected Youth age 16 to 24 who are not attending school during the 6 month period preceding the hiring date not regularly employed during such 6 month period and not readily employable by reason of lacking sufficient basic skills (discontinued 12312010)
Long-term Family Assistance Recipients (LTFAR) of Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)
Where are the Federal Empowerment
Zones (EZ) Enterprise Communities
(EC) in Connecticut
Address may be verified by accessing the HUDwebsite of EZEC atwwwegishudgovezrclocator
Located in certain areasof New Haven
Long-term Family Assistance (LTFAR) Category
Provides a WOTC tax credit of up to $9000 over a two-year period to companies that hire long-term family assistance recipients of Aid to Families with Dependent Children (AFDC) or its successor program Temporary Assistance to Needy Families (TANF)
Who Qualifies for the LTFAR Category
Individuals whose AFDC or TANF eligibility expired
under Federal or State law after August 5 1997 andare hired within two years after this eligibility expired
Individuals who received AFDC or TANF for at least 18 consecutivemonths ending on the date of hire
Individuals who received AFDC or TANF for a total of at least 18 months after August 5 1997and are hired within two years after the 18-month period is reached
OR
OR
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
WOTC Targeted Groups
Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)recipients
Supplemental Nutritional Assistance Program (SNAP) recipients age 18 to 39
Ex-felons
Supplemental Security Income (SSI) Recipients
Veterans who are disabled unemployed or receive Food Stamps
WOTC Targeted Groups - Continued
Vocational Rehabilitation Referral - and Ticket-to-Work holders with an individual work plan developed and implemented by an employment network
Designated Community Residents age 18-39 residing in Federally defined Empowerment Zone (EZ) or Enterprise Community (EC)
Summer Youth employees age 16 or 17 residing within Federally defined EZ or EC
Disconnected Youth age 16 to 24 who are not attending school during the 6 month period preceding the hiring date not regularly employed during such 6 month period and not readily employable by reason of lacking sufficient basic skills (discontinued 12312010)
Long-term Family Assistance Recipients (LTFAR) of Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)
Where are the Federal Empowerment
Zones (EZ) Enterprise Communities
(EC) in Connecticut
Address may be verified by accessing the HUDwebsite of EZEC atwwwegishudgovezrclocator
Located in certain areasof New Haven
Long-term Family Assistance (LTFAR) Category
Provides a WOTC tax credit of up to $9000 over a two-year period to companies that hire long-term family assistance recipients of Aid to Families with Dependent Children (AFDC) or its successor program Temporary Assistance to Needy Families (TANF)
Who Qualifies for the LTFAR Category
Individuals whose AFDC or TANF eligibility expired
under Federal or State law after August 5 1997 andare hired within two years after this eligibility expired
Individuals who received AFDC or TANF for at least 18 consecutivemonths ending on the date of hire
Individuals who received AFDC or TANF for a total of at least 18 months after August 5 1997and are hired within two years after the 18-month period is reached
OR
OR
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
WOTC Targeted Groups - Continued
Vocational Rehabilitation Referral - and Ticket-to-Work holders with an individual work plan developed and implemented by an employment network
Designated Community Residents age 18-39 residing in Federally defined Empowerment Zone (EZ) or Enterprise Community (EC)
Summer Youth employees age 16 or 17 residing within Federally defined EZ or EC
Disconnected Youth age 16 to 24 who are not attending school during the 6 month period preceding the hiring date not regularly employed during such 6 month period and not readily employable by reason of lacking sufficient basic skills (discontinued 12312010)
Long-term Family Assistance Recipients (LTFAR) of Aid to Families with Dependent Children (AFDC) or Temporary Assistance to Needy Families (TANF)
Where are the Federal Empowerment
Zones (EZ) Enterprise Communities
(EC) in Connecticut
Address may be verified by accessing the HUDwebsite of EZEC atwwwegishudgovezrclocator
Located in certain areasof New Haven
Long-term Family Assistance (LTFAR) Category
Provides a WOTC tax credit of up to $9000 over a two-year period to companies that hire long-term family assistance recipients of Aid to Families with Dependent Children (AFDC) or its successor program Temporary Assistance to Needy Families (TANF)
Who Qualifies for the LTFAR Category
Individuals whose AFDC or TANF eligibility expired
under Federal or State law after August 5 1997 andare hired within two years after this eligibility expired
Individuals who received AFDC or TANF for at least 18 consecutivemonths ending on the date of hire
Individuals who received AFDC or TANF for a total of at least 18 months after August 5 1997and are hired within two years after the 18-month period is reached
OR
OR
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Where are the Federal Empowerment
Zones (EZ) Enterprise Communities
(EC) in Connecticut
Address may be verified by accessing the HUDwebsite of EZEC atwwwegishudgovezrclocator
Located in certain areasof New Haven
Long-term Family Assistance (LTFAR) Category
Provides a WOTC tax credit of up to $9000 over a two-year period to companies that hire long-term family assistance recipients of Aid to Families with Dependent Children (AFDC) or its successor program Temporary Assistance to Needy Families (TANF)
Who Qualifies for the LTFAR Category
Individuals whose AFDC or TANF eligibility expired
under Federal or State law after August 5 1997 andare hired within two years after this eligibility expired
Individuals who received AFDC or TANF for at least 18 consecutivemonths ending on the date of hire
Individuals who received AFDC or TANF for a total of at least 18 months after August 5 1997and are hired within two years after the 18-month period is reached
OR
OR
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Long-term Family Assistance (LTFAR) Category
Provides a WOTC tax credit of up to $9000 over a two-year period to companies that hire long-term family assistance recipients of Aid to Families with Dependent Children (AFDC) or its successor program Temporary Assistance to Needy Families (TANF)
Who Qualifies for the LTFAR Category
Individuals whose AFDC or TANF eligibility expired
under Federal or State law after August 5 1997 andare hired within two years after this eligibility expired
Individuals who received AFDC or TANF for at least 18 consecutivemonths ending on the date of hire
Individuals who received AFDC or TANF for a total of at least 18 months after August 5 1997and are hired within two years after the 18-month period is reached
OR
OR
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Who Qualifies for the LTFAR Category
Individuals whose AFDC or TANF eligibility expired
under Federal or State law after August 5 1997 andare hired within two years after this eligibility expired
Individuals who received AFDC or TANF for at least 18 consecutivemonths ending on the date of hire
Individuals who received AFDC or TANF for a total of at least 18 months after August 5 1997and are hired within two years after the 18-month period is reached
OR
OR
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Tax Credit Facts
TARGET GROUP
RETENTION
PERIOD
and Credit
Percentage
MAXIMUM
CREDIT
WAGES and
CREDIT
CALCULATION
For Each of These Target
Groups
AFDC or TANF recipients
SNAP Recipients
Ex-felons
Vocational Rehabilitation
Referrals or Ticket-To-Work
SSI Recipients
Veterans unemployed 4
weeks or are receiving SNAP
DCR -Empowerment Zone
25 if works
between
120 and 399 hrs$1500 25 x $6000
For Each of the Target
Groups Above 40 if works
between
400 hrs or more$2400 40 x $6000
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Tax Credit Facts-- Disabled Veteran
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
25 if VET
works between
120 and 399 hrs$3000 25 x 12000
Disabled
Veterans
40 if VET
works
400 hrs or more$4800 40 x $12000
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Tax Credit Facts-- Veterans
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$3500 25 x 14000
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$5600 40 x $14000
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Tax Credit Facts--Disabled Veteran
Unemployed 6 Months or More
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Disabled
Veterans
Unemployed 6
Months or More
25 if VET
works between
120 and 399 hrs$6000 25 x 24000
Disabled
Veterans
Unemployed 6
Months or More
40 if VET
works
400 hrs or more$9600 40 x $24000
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Tax Credit Facts--Long-term Family
Assistance Recipients
TARGET GRP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Long-term Family
Assistance Recipients
(LTFR)
First Year
25 if works
between
120 and 399 hrs
$2500 25 x $10000
Long-term Family
Assistance Recipients
(LTFR)
First Year
40 if works
between
400 hrs or more
$4000 40 X $10000
Long-term Family
Assistance Recipients
(LTFR)
Second Year
50 of qualified
second year
wages$5000
50 X $10000
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Tax Credit Facts--Summer Youth
TARGET
GROUP
RETENTION
PERIOD
amp Credit
Percentage
MAXIMUM
CREDIT
WAGES amp
CREDIT
CALCULATION
Summer Youth(earned between
May 1ndashSeptember
15)
25 if works
between
120 and 399 hrs
$750 25 X $3000
Summer Youth(earned between
May 1ndashSeptember
15)
40 if works
between
400 hrs or more
$1200 40 X $3000
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
WOTC Application Process
Form 8850 Pre-Screening Notice and Certification Request for WOTC credit
Employee completes page 1 prior to start date
Employer completes page 2
Form ETA 9061 Individual Characteristics Form
Employee completes form
Expedites the certification process by identifying one or more of the target groupcategories
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
WOTC Application Process-- (contrsquod)
Form JS-182 WOTC Tax Credit Program Authorization for Disclosure of Information
Employee completes
Employer must provide this form or no information will be released
Rehires do not qualify for WOTC
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Example of Acceptable
Documentation
Designated Community Residents
Birth Certificate Driverrsquos license Utility Bill Postmarked envelope
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
WOTC Filing Time and Requirements
To facilitate processing all 3 forms should be filed together with acceptable documentation
Form 8850 must be signed postmarked and sent to CT DOL Program Support Tax Credit Unit within 28 days of employeersquos start date or it will be denied
The authorization can be electronically signed if the authorization is completed at the time of the electronic application Otherwise a ldquowetrdquo signature is necessary if
the application is completed by hand
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
CT DOL ES Operations Tax Credit Unit200 Folly Brook Blvd
Wethersfield CT 06109
For more information please call Don Ojide or Sharon Grip at (860) 263-6060
Forms can be downloaded from theCTDOL Web site at
httpwwwctdolstatectusprogsupttaxcreditswotchtm
Submit WOTC forms to
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
The Federal Bonding Program
A Unique Placement Tool
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
The Federal Bonding Program
Provides Fidelity bonds to protect employers from employee dishonesty
Provides employers an incentive to hire at-risk applicants
Covers any type of stealing such as theft forgery larceny and embezzlement
Does not cover liability due to poor workmanship job injuries or work accidents
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Advantages
The bond is issued free of charge to the employer for a six month period
Coverage can be extended for an additional cos
No additional paperwork or follow-up for employer
No termination action required for issued bond
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Bond Value
Bonds are issued in denominations of $5000 and cover a 6-month period
The employer gets 100 coverage
There is no deductible
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Who is Eligible
Convicted ex-offenders (anyone who has been on parole probation or has a police record)
Recovering substance abusers (drugs or alcohol) who are undergoing rehabilitation
People with a poor credit historybankruptcy
Individuals with a dishonorable military discharge
Current employees who are not commercially bondable
Economically disadvantaged youthand adults with a lack of work history
Welfare Recipients
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Eligibility Restrictions
The worker must
Meet the statersquos legal age for working
Earn wages with federal taxes deducted from hisher paycheck
Not be self-employed
Work a minimum of 30 hours per week
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Whatrsquos the Process
When a job is offeredThe employer sends a letter (on their letterhead) to
the Department of Labor Bonding Coordinator confirming the
Candidatersquos Name
Social Security Number
Job Title
Company Name and Address
Employment Start Date (Usually the effective date of bond)
Number of Hours per week
Reason for eligibility
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
For Additional Information
Call the Department of Labor at
860-263-6797
Or visit our website at
wwwctdolstatectusbusservicesBondinghtm
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
This has been brought to you on behalf of the CT Department of Labor ES Operations Unit
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Connecticut Manufacturing Innovation Fund
Incumbent Worker Training Program
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull The Manufacturing Innovation Fund Incumbent Worker Training program provides financial assistance to Connecticut manufacturers for growing innovative and technology-based manufacturing business in Connecticut
Manufacturing Innovation Fund
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull To support advanced manufacturing and innovative companies in their efforts to train incumbent workers in the appropriate skills to meet current and emerging market needs
bull To bring technological innovation to the market and help manufacturing companies leap ahead in productivity and efficiency by enhancing the skills of their current workforce
bull To maintain sales and grow revenue and profitability
Goals
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull The Manufacturing Innovation Fund Incumbent Worker Training program is a matching fund program to help manufacturing companies provide training for their workforce It offers up to up to $100000 maximum per employer per calendar year equal to the approved amount For example if a company is provided $50000 in Manufacturing Innovation Fund Incumbent Worker Training program funds the employer must also provide at least $50000 in matching funds totaling $100000
How it works
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull The program is administered by the Connecticut Department of Labor funded through the Department of Economic and Community Developmentrsquos Connecticut Manufacturing Innovation Fund
Who administers it
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Eligible manufacturing companies should complete and submit the Online Application Form to be considered for funding opportunities
How to apply
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Eligible companies must strive to be an innovative and technology based manufacturing company An innovative and technology based manufacturing company is any company innovating or adapting developing or inserting new technology contributing to the potential advancement of manufacturing or has been deemed so by the Commissioner of DECD andor the Advisory Board
Who qualifies
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Final determination of an innovative and technology project for purposes of the Program may be subject to review by the Advisory Board andor the Commissioner of the Department of Economic and Community Development
Subject to review
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Timeline for processing an employerrsquos request is based upon the number of applications already received and the availability of funding Eligible employers will be notified when their application is in the review process
Length of time
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Total proposed training project value must be at least $10000 (in this case $5000 provided by the Manufacturing Innovation Fund Incumbent Worker Training Program and $5000 company match) Maximum award is up to $100000 per employer per calendar year
Program Requirements
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Third-party vendor or service provider must be used to execute the proposed training project
Outside training vendors
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Companies receiving funds under this program are required to complete an impact report upon the completion of the training and additional project documents as deemed necessary
bull A commitment by the company to use the funding to implement the proposed training project
Required documentation
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Must be a Connecticut based manufacturer who has 2000 employees or less and is registered to conduct business for not less than 12 months
Who qualifies
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
I n c u m b e n t Worker Training
Grants
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
What is the financial incentive for
training for your employees
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
What type of training is eligible
for these grants
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
What type of business is eligible
for these grants
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
How does a business qualify for a
grant
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Is there a lot of paperwork
required to obtain these grants
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
To apply contact
Donna Smith
Hartford Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3869
Fax (860) 256-3840
donnasmithctgov
Janice Albert
Hamden Job Center
37 Marne Street
Hamden CT 06514
Phone (203)-859-3417
Fax (203)-859-3120
janicealbertctgov
Garth Swaby
Enfield Job Center
3580 Main Street
Hartford CT 06120
Phone (860) 256-3871
Fax (860)-256-3580
garthswabyctgov
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Eligible companies can apply for vouchers ranging from $5000 to $50000 for the purchase of specialized expertise that will help improve operations including marketing LEAN compliance and other technical expertise
bull Participating companies must pay half of the cost
bull A program of the CT Manufacturing Innovation Fund the voucher program is a partnership of the state DECD and the CT Career for Advanced Technology (CCAT)
CCAT Voucher Program
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Must be a Manufacturer or Allied Service Provider (Allied Service Providers only include companies that physically interact with a manufactured good to alter the product
bull Must have a manufacturing facility in Connecticut or relocating operations to CT
bull Must be registered for at least 3-years and currently generating revenue bull 51 or more of the companyrsquos revenue must be generated from the sale
of goods or from allied services provided to manufacturers bull Must have 300 or less employeesbull Proposed project value must be at least $10000 bull Must be operating in an appropriately zoned commercial area bull Must not have received $50K or more from MVP program previously bull Must be in Good Standing with both the DOL and DRS at time of
application submission
CCAT Voucher Program Requirements
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Technical experts in universities educational institutions nonprofits or other organizations to solve engineering marketing and other challenges
bull Market analysisbull Workforce developmenttrainingbull Business developmentbull Patenting licensingbull Financial transition and market growth planningbull Testing or research to support proof of principlebull Prototype developmentbull Process Improvementsbull Technology counselingbull Commercialization and innovation servicesbull Specialized Equipment for automationbull Industry Specific Trainingbull Compliance and Monitoring activitiesbull Tooling development and manufacture
What can the funds be used for
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Vouchers are awarded on a first-come first-served basis
bull Funding is provided in the form of a check
bull Checks are issued approximately 30 days following completion of the required award documents
Voucher Information
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull Any questions or if you are interested please contact us at
Donna Smith 860-256-3869
Donnasmithctgov
Garth Swaby 860-256-3871
Garthswabyctgov
Janice Albert 203-859-3417
Janicealbertctgov
Business Services North Central Region
Contact Information
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
rdquoLearning while Earningrdquo
Apprenticeship hellip
a proven training strategy that improves the skills of our workforceand enhances the efficiency and productivity of our industries
Office of Apprenticeship Trainingwwwctapprenticeshipcom
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Why Promote Apprenticeship
Americas Growing Talent Gap
bull aging workforce of highly-skilled and experienced workers
bull attracting and investing in new and diverse talent pools
bull implementing training that develops and up-skillsldquo workers
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull supervised structured on-the-job training (OJT)(2000 hours per year) and related technicalinstruction (144 hours per year)
bull OJT takes place at work site under direction of skilled journeyperson
bull related technical instruction usually classroom training to teach fundamental principles of trade
What is Apprenticeship
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull employed by a company
bull minimum of 16 years of age
bull work under registered set of standards(OJT Related Technical Instruction)
bull registered with Office Apprenticeship Training
What is an Apprentice
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull adult night school
bull community colleges universities
bull on-line courses
bull technical or academic high schools
bull unions
Related Technical Instruction Providers
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Benefits to the Apprentice
bull structured training directly related to job
bull mentoring by skilled journey worker
bull periodic wage increases
bull full-time employment while learning trade
bull nationally recognized certification of skills
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull develop a well-trained workforce
bull employ potential long-term employees
bull employee retentionreduced turnover
bull increase productivity and quality
bull identify links to funding sources
Benefits to the Company
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Creating an Apprenticeship Program
1 companysponsor recognizes training needs
2 develop on-the-job work processes
3 Identify source(s) for related technical instruction
4 draft program standards
5 submit to Office of Apprentice Training for approval
6 individual(s) registered as Apprentices
7 begin program
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
bull develop structured flexible training programs
bull protect safety and welfare of apprentices
bull assure programs provide quality training and produce skilled workers
bull issue nationally recognized portable Certificate of Completion
Role of the Office of Apprenticeship Training
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
The Office of Apprenticeship Training
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Apprenticeship Subsidized Training and Employment Program (STEP UP)
On-the-job training wage subsidy for first six months to cover training costs for new apprentices hired by small businesses and manufacturers
Maximum of $10 per hour over 180-day periodbull First 30 days 100bull Days 31-90 75bull Days 91-150 50 bull Days 151-180 25
Employer Eligibility bull manufacturer or small businessbull 100 or fewer full-time employeesbull operations in Connecticutbull good standing wstate local taxes
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Manufacturing Innovation Fund (MIF)
Objective increase apprenticeship in manufacturing
Employer Eligibility bull manufacturer under NAICS (31 ndash 33)bull operations in Connecticut good standing
Per Apprenticebull Limit of five (5) apprentices per company
1 Wage Subsidybull ldquocaprdquo of $6000 year 1 (1200 work hours)bull ldquocaprdquo of $7000 year 2 (1400 work hours)
2 Tuition (per apprentice)bull $2500 year 1bull $1250 year 2
1 Credentialingbull $1000 per year
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Objective expand apprenticeship opportunities in non-traditional occupations
bull ldquoUp-skillingrdquo of incumbent workers
bull Healthcare Information Technology Business Services Advanced Manufacturing
bull tuition assistance up to $3500 per Apprentice
bull no Apprentice limit
American Apprenticeship Initiative (AAI)
Maricel Pathammavong
maricelpathammavongctgov
860-263-6167
Xingxing Zhang
xingxingzhangctgov
860-263-6630
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Apprenticeship Funding Opportunities
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Wage
Subsidy
Training Funding
Credential Funding
Employer
Tax Credit
Manuf
Industry
Healthcare
Business Services
Apprentice
Training Program
American Apprenticeship
Initiative (AAI)
Manufacturing Innovation Fund Apprenticeship
Innovation (MIF AI)
Manufacturing
Innovation Fund Incumbent Worker
(MIF IW)
Step UP
Apprenticeship
`
Agency Funding Opportunities
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Questions
Mark A StankiewiczCT Department of Apprenticeship Training
200 Folly Brook BoulevardWethersfield CT 06109
(860) 263-6012markstankiewiczctgov
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Connecticut Department of LaborPrograms amp Services for Employers
February 24 2016Sheraton Rocky Hill
Amy Jachimowski ndash Wage Enforcement Agent
Wage and Workplace Standards Division CT Dept of Labor
PH 860-263-6790 wwwctgovdol
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Wage and Workplace Standards Division
Wage and Workplace Standards Division (WWSD) administers a wide range of laws that protect and promote the interests of Connecticutrsquos 16 million workers The Division also devotes considerable resources to encourage and assist Connecticutrsquos more than 97000 employers to comply with the laws primarily through seminars and educational materials
We are responsible for two major programsbull Regulation of wagesbull Regulation of working conditions
Our office consists ofbull Directorbull Three field supervisorsbull Field staffbull Clerical staff
WWSD has three distinct units1 Rapid Response Stop Work2 Wage Enforcement Workplace Standards3 Wage and Hour
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Common Wage and Hour Issues
The following laws are enforced by these unitsbull Final paycheck not received or incorrectbull Commissions not received or incorrectbull Bonusbull Vacation pay upon terminationbull Minimum wagebull Overtime wagesbull Not paid for all hours workedbull Non-payment of Prevailing Rate on public works projectbull Improperly classified as an independent contractorbull Bounced paycheckbull Illegal deductionsbull No paystub bull Child laborbull Electronic monitoringbull Smoking in the workplacebull Personnel filesbull Breastfeeding in the workplacebull Use of credit reportbull Drug testingbull Meal periodsbull Smoking outside the workplacebull Paid sick leave (CGS 31-57s)
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Common Wage and Hour Issues (Continued)
The breakdown of the laws we enforce by each unit are as followsRapid Responsebull Cases needing immediate attentionbull Streamlined casesbull Stop Work (a new ongoing initiative which addresses cases involving concealing of employment or other information relating to workersrsquo compensation premiums)
Wage Enforcementbull Less comprehensive targets individual complaintsbull Final paycheckbull Commissionsbull Bonusesbull Fringe benefits upon termination (vacation pay)bull Unpaid hours worked
Workplace Standardsbull Enforcement of hours and work of minor employeesbull Personnel filesbull Meal periodsbull Drug testingbull Smoking in the workplacesbull Polygraph testing
Wage and Hourbull Enforcement of proper payment of wages in employeremployee relationships bull Minimum wagebull Overtimebull Payment for services renderedbull Commissionsbull Payment of all monies due on a regular payday
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Common Wage and Hour Issues (Continued)
All the units enforce common issues which are contained in our Wage Payment Laws bull Section 31-71b Weekly payment of wages
bull Section 31-71c Payment of wages on termination of employment
bull Section 31-71d Payment where wages disputed
bull Section 31-71e Withholding of part of wages
bull Section 31-71f Employer to furnish employee certain information
bull Section 31-71i Waiver of weekly payment requirement
The laws we enforce comes frombull Statutes
bull Regulation
bull Court cases
bull Agency policy
bull Laws and interpretations of other agencies
Where there is a violation of those laws there is penalty Exposure includesbull Civil referral ndash referral to the Attorney Generalrsquos Office
bull Criminal referral - referral to the local prosecutor
bull Civil penalty
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Worker Classifications
They are called exemptions because employees who meet their provisions are exempt from the following
bull Premium overtime wagebull Minimum wagebull Time keeping requirements of
Connecticut law
The higher level characteristics of an exempt positionbull They tend to be in control of the entitybull They supervise employeesbull They create significant policies on
behalf of the employer
ExemptNon-ExemptThe indicators arebull The level of salary paid to the employeebull The ratio of management and administrative employees to
production employees bull The nature of the business
The test for an exemption is three pronged all of which must be met before an exemption can existbull The employee must be employed primarily to perform certain
dutiesbull The employee must be paid on a salary basis (executive
administrative and professional exemptions) or fee basis (administrative and professional exemptions only) Also three occupations (doctors lawyers and teachers) are excluded from the salary or fee requirement under the professional exemption
bull The employee must be paid a minimum salary of $40000 per week under the long test or $47500 per week under the short test
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Worker ClassificationsExemptNon-Exempt Continued
Professional
With respect to exempt employees there are four exempt categories
AdministrativeExecutive
Outside Sales
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Worker ClassificationsExemptNon-Exempt Continued
ExecutiveShort Testbull Must customarily and regularly direct the work of 2
employeesbull Must be responsible for the management of their
employerrsquos enterprise or a recognized department or subdivision thereof
Long Testbull Same as the short testbull Must have the authority to hire or firebull Must customarily and regularly exercise
discretionary powersbull Must not devote more than 20 (40 in retail or
service) of time to duties not related to duties listed above
Business Owner Exemptionbull Any employee who owns at least 20 equity
interest in enterprise and is actively engaged in its management is exempt as an executive employee
AdministrativeThe administrative exemption states that an employee must engage in work directly related to management policies or general business operations of his or her employer
The administrative exempt employee must perform office or non-manual duties performing work requiring the exercise of discretion and independent judgment
Administrative exempt employees must have true authority over some significant aspect of an employerrsquos business operations
Some employers under the impression that job titles create exemptions will label a bookkeeper as a ldquofinancial officerrdquo an office worker who administers the payroll system as a ldquohuman resources directorrdquo or their senior computer programmer as a ldquocomputer operations managerrdquo
An employee cannot be administrative exempt if he or she is performing ldquoproduction workrdquo for the employer Examples of administrative exempt positions are Chief Financial Officer Human Resources Director Computer Operations Manager Project Manager Project Manager and Administrative Assistant that regularly and directly assists a proprietor or an employee employed in a bona fide executive or administrative capacity
Notebull This exemption applies to policy creators not those employees who
merely carry out their employerrsquos policiesbull Policy makers not policy followers
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Worker ClassificationsExemptNon-Exempt Continued
ProfessionalThree major areasbull Learned professionalsbull Teachersbull Creative professional
A Learned professionals knowledge of an advanced type in a field of science or learning acquired by a prolonged course of specialized intellectual instruction and study
B Teachers Teaching tutoring instructing or lecturing in the activity of impacting knowledge Certified and recognized as teachers in the school system or educationalinstitution by which they are employed
C Creative professionals Employees performing work requiring invention or talent in a recognized field of artistic endeavor Freedom to use creative aptitude in the performance of duties
Outside Sales75 away from employer place of businessbull Exempt from requirement to
1) pay premium overtime wages2) keep time records3) pay minimum wage
Wage payment in accordance with the hiring agreementOutside sales employees are covered under wage payment laws
Note bull The four exemptions Executive administrative professional
and outside sales require that the employee have a primary duty of performance of certain types of duties
bull Each exemption except outside sales contains a long test and a short test
Long test paid between $40000 and $47500Short test paid at least $47500
bull There is a salary test and duty test within each exemption
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Worker ClassificationsEmployeeIndependent Contractor
Definitions of ldquoemployeerdquo found within the statutes section 31-58(f) defines an employee as ldquohellipany individual employed or permitted to work by an employerhelliprdquo while section 31-71a specifies that an employee is ldquohellipany person suffered or permitted to work by an employerrdquo
A much more helpful definition can be found in an Unemployment Compensation statute Section 31-222(a)(1)(B)(ii) informally known as the ldquoABC Testrdquo provides three conditions If all three conditions exist the worker is an independent contractor More importantly if even one condition is not met the worker is an employee
The ABC Test applies three factors (A B and C) for determining a workersrsquo employment statusA The individual must be free from direction and control (work independently)B The individualrsquos service must be performed either outside the usual course of business of the employer or outside all the employerrsquos places of business
andC The individual must be customarily engaged in an independently established trade occupation profession or business of the same nature as the service
performed
For example the Connecticut Department of Revenue Services refers to ldquocommon laws rulesrdquo The Connecticut Department of Laborrsquos Unemployment Compensation Division uses the ldquoABCrdquo test and for determining a covered claim the Workersrsquo Compensation Commission considers other factors
Connecticut agencies use different rules and tests to determine employment status as different agencies are responsible for separate aspects of the law
Misclassification occurs when an employer incorrectly defines a worker as an ldquoindependent contractorrdquo rather than employee
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor Workers
Workers misclassified as independent contractors can experience a loss of certain employment protections and benefits These may includebull Ineligibility for unemployment compensationbull No workersrsquo compensation coverage if hurt on the jobbull No overtime pay minimum wage earnings or below and
often without health benefitsbull Incorrect payment of various state and federal
employment taxes such as social security federal and state unemployment and income tax that could result in a workerrsquos liability to pay applicable taxes with interest and penalties if not reported properly
For EmployersEmployers who illegally misclassify workersbull Create an unfair business climate where
law-abiding employers cannot compete against employers who intentionally undercut them by not paying all taxes and benefits for workers
bull Do not pay lawful employment-related taxes on workers ndash resulting in higher taxes for other employers who follow the law
bull Could be liable for back assessments and substantial penalties
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Worker ClassificationsEmployeeIndependent Contractor
ContinuedFor taxpayers and
governmentbull Taxpayers pay more than their share
when legally irresponsible employers avoid paying them
bull Government loses much needed tax revenue
bull Government paid entitlement programs for benefits that could be provided by an employer ndash provided by taxpayers for benefits even though no cost was incurred by the businesses
Major indicators of a true independent contractor
bull A high rate of pay based on timebull Evidence that the worker offers
his or her service to the publicbull Evidence of investment in the
business he or she supposedly owns
bull Little or no evidence that the business controls the activities of the supposed independent contractor
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction
Worker ClassificationsEmployeeIndependent Contractor
ContinuedObvious indicators of an
employer-employee relationship
bull The performance of a type of work which is an integral part of the businessrsquo process For instance oil burner repair person working at a company which advertises oil burner repair are almost certainly employees
bull A prolonged relationship between the business and the worker Independent contractor relationships are usually short-term and project related
bull Evidence that the business controls the method the worker uses to perform the job
bull Absence of a physical contract specifying a particular task to be done for a price or open-ended contracts with vague terms of performance
Factors which appear to be significant but are not
bull The presence of a ldquocontractrdquo which specifies that the worker is an independent contractor
bull Taxes were not withheld and the worker was given a ldquo1099rdquo (independent contractor earnings statement) rather than a ldquoW2rdquo
bull The worker agrees that he or she is an independent contractor
bull Everyone in the industry does it this way
NoteConnecticut wage and hour laws and wage payment laws apply only to employees If an individual performs work as an independent contractor there is no employer-employee relationship and you have no jurisdiction