The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Employment Law Appellate Court Opinion

by Oumano, Emily


AC44554 - Nettleton v. C & L Diners, LLC (“Pursuant to Connecticut wage laws, an employer may claim a credit for gratuities received by service employees in the restaurant industry as a percentage of the minimum fair wage (tip credit) it would otherwise be required to pay, and the Labor Commissioner (commissioner), acting through the Department of Labor (department), is tasked with adopting regulations regarding the tip credit. See General Statutes § 31-60 (b); see also Regs., Conn. State Agencies § 31-62-E1 et seq. (March 8, 2015). The defendant, C & L Diners, LLC, appeals, and the plaintiff, Valerie Nettleton, cross appeals, from the judgment of the trial court rendered in favor of the plaintiff on her claims for violations of the minimum wage regulations. The court rendered summary judgment for the plaintiff on her complaint alleging that the defendant violated §§ 31-62-E3 and 31-62-E4 of the Regulations of Connecticut State Agencies and for the defendant on its good faith defense to the plaintiff’s claim for penalty damages pursuant to General Statutes (Supp. 2016) § 31-68 (a). On appeal, the defendant claims that the court improperly concluded that (1) § 31-68 (a) provides a private cause of action for a recordkeeping violation under § 31-62-E3 of the regulations and (2) the ‘side work’ performed by the plaintiff while working as a server constituted ‘nonservice’ work under § 31-62-E4 of the regulations. In her cross appeal, the plaintiff claims that the court improperly concluded that there was no genuine issue of material fact that the defendant established its good faith defense. We agree with the defendant’s first claim and the plaintiff’s claim and, accordingly, reverse in part the judgment of the trial court and remand the matter for further proceedings.”)