On June 7, 2021, Connecticut Governor Ned Lamont signed H.B. No. 6380 (P.A. 21-30), titled an “An Act Concerning the Disclosure of Salary Range for a Vacant Position,” which amends Conn. Gen. Stat. §§ 31-40z and 31-75. The amended law is significant for Connecticut employers (and employees) because, effective October 1, 2021, it prohibits employers from failing or refusing to provide the wage range for the position for which the applicant is applying upon the earlier of the applicant’s request or prior to or at the time the applicant is made an offer. It also prohibits employers from failing or refusing to provide the wage range for their employee’s with their wage ranges (1) when they are hired, (2) when their position with the employer changes, or (3) upon the employee’s first request for a wage range. A violation has significant legal and financial consequences.
Under the amended law, “wage range” means “the range of wages an employer anticipates relying on when setting wages for a position, and may include reference to any applicable pay scale, previously determined range of wages for the position, actual range of wages for those employees currently holding comparable positions or the employer’s budgeted amount for the position.”
The amended law adds two new prohibitions to § 31-40z(b) and makes it illegal for an employer to:
(8) Fail or refuse to provide an applicant for employment the wage range for a position for which the applicant is applying, upon the earliest of (A) the applicant’s request, or (B) prior to or at the time the applicant is made an offer of compensation; or
(9) Fail or refuse to provide an employee the wage range for the employee’s position upon (A) the hiring of the employee, (B) a change in the employee’s position with the employer, or (C) the employee’s first request for a wage range.
Conn. Gen. Stat. § 31-40z(b) (eff. Oct. 1, 2021):
Connecticut employers should be especially cognizant of the amended law (and the other existing employer prohibitions under § 31-40z(b)) since a violation of § 31-40z(b) carries significant consequences. The amended law allows job applicants and employees to initiate a lawsuit for violations within two years of the violation. Employers may be found liable for compensatory damages, attorney’s fees and costs, punitive damages and such legal and equitable relief as the court deems just and proper.
The amended law also broadens and clarifies, under Conn. Gen. Stat. § 31-75, the standard used to determine whether an employer is discriminating in the compensation it pays to an employee based on gender. It requires employers to provide equal pay for comparable as opposed to equal work. The new amendment to § 31-75 is effective October 1, 2021.