CHAPTER 557
EMPLOYMENT REGULATION
Table of Contents
Sec. 31-33. Regulation of industrial home work.
Sec. 31-53. Construction, alteration or repair of public works projects by state or political subdivision; wage rates; certified payroll. Penalties for violations.
PART II
PROTECTION OF EMPLOYEES
Sec. 31-33. Regulation of industrial home work. (a) The following terms, as used
in this section, shall have the meanings hereinafter specified, unless the context indicates
otherwise. (1) "Person" means an individual, a corporation, a limited liability company,
a partnership, an association, a joint stock company or a trust or any other unincorporated
organization, except charitable organizations. (2) "To process" means to manufacture,
finish, repair, prepare, alter, pack, wrap or handle any material and the different forms
of the verb shall be interpreted in accordance with this definition. (3) "Home" means any
dwelling house, tenement house, rooming house, apartment house or other residential
building.
(b) Except as hereinafter provided, no person shall distribute materials, either directly, indirectly or through an employee, agent or independent contractor or any other
third party, to a home for the purpose of having such materials processed and thereafter
returned to such person or someone designated by him for any purpose other than the
personal use of such person or any member of his family.
(c) The Labor Commissioner may issue a certificate permitting a person to distribute
materials to any individual sixteen years of age or more to be processed in his home by
such individual only, upon submission of proof that injury or illness, not of a communicable nature, or old age physically incapacitates him for work in a factory or other regular
place of business or that his services are essential in the home to care for a member of
the household; provided the commissioner may issue such certificates to other individuals for processes not requiring mechanical apparatus other than simple hand tools, when
he finds, after a satisfactory showing of proof, that home work is customary in such
industry or occupation in the state of Connecticut and that the suspension of such home
work would work undue hardship on labor or industry; and provided no certificate permitting home work shall be issued for the processing of materials in any home in which
any member of the household has a communicable disease; and provided the wage rates
paid shall not be lower than the wage rates paid within a factory or other place of business
for similar work.
(d) The commissioner may grant to a reputable employer a certificate permitting
such employer to distribute approved materials to be processed in approved homes by
home workers having permits, upon proof that such processing in the homes is customary
and necessary in such employer's industry, that no harmful or dangerous apparatus or
substances are to be used and that the persons who are to do the processing fulfill the
requirements specified for home workers in subsection (c) of this section. Each such
employer shall pay a fee of twenty-five dollars each year for such certificate of permission. The commissioner may grant a permit to process specified materials in his home
to a person who fulfills the requirements for a home worker specified in subsection (c)
of this section. The commissioner may revoke any employer's certificate or any home
worker's permit, at any time, for cause.
(e) No employer shall be granted a permit to distribute materials of any kind to any
worker or workers to be processed at home unless such employer keeps an accurate
record of the name and address of each such worker, an accurate description of the kind
and amount of materials so distributed, the rates of compensation to be paid for each
kind of processing and the total earnings each week of each worker. Such records shall
be available to the inspectors of the department at any time during business hours.
(f) The commissioner shall have power to seize, for use as evidence, any goods
which are processed in violation of any provision of this section and any materials which
are brought or sent into this state from other states to be processed in Connecticut homes,
provided such goods or materials shall be returned to their owners after being used as
evidence.
(g) Any person who violates any provision of this section shall be fined not more
than twenty-five dollars for each day such violation has been committed or imprisoned
not more than thirty days or both, and such violation shall constitute grounds for revoking
an employer's certificate or a home worker's permit.
(1949 Rev., S. 3766; P.A. 95-79, S. 106, 189; P.A. 05-288, S. 135.)
History: P.A. 95-79 amended Subsec. (a) to redefine "person" to include a limited liability company, effective May
31, 1995; P.A. 05-288 made technical changes in Subsec. (d), effective July 13, 2005.
PART III
STATE CONTRACTS
Sec. 31-53. Construction, alteration or repair of public works projects by state
or political subdivision; wage rates; certified payroll. Penalties for violations. (a)
Each contract for the construction, remodeling, refinishing, refurbishing, rehabilitation,
alteration or repair of any public works project by the state or any of its agents, or by
any political subdivision of the state or any of its agents, shall contain the following
provision: "The wages paid on an hourly basis to any person performing the work of
any mechanic, laborer or worker on the work herein contracted to be done and the
amount of payment or contribution paid or payable on behalf of each such person to
any employee welfare fund, as defined in subsection (h) of this section, shall be at a
rate equal to the rate customary or prevailing for the same work in the same trade or
occupation in the town in which such public works project is being constructed. Any
contractor who is not obligated by agreement to make payment or contribution on behalf
of such persons to any such employee welfare fund shall pay to each mechanic, laborer
or worker as part of such person's wages the amount of payment or contribution for
such person's classification on each pay day."
(b) Any contractor or subcontractor who knowingly or wilfully employs any mechanic, laborer or worker in the construction, remodeling, refinishing, refurbishing,
rehabilitation, alteration or repair of any public works project for or on behalf of the
state or any of its agents, or any political subdivision of the state or any of its agents, at
a rate of wage on an hourly basis that is less than the rate customary or prevailing for
the same work in the same trade or occupation in the town in which such public works
project is being constructed, remodeled, refinished, refurbished, rehabilitated, altered
or repaired, or who fails to pay the amount of payment or contributions paid or payable
on behalf of each such person to any employee welfare fund, or in lieu thereof to the
person, as provided by subsection (a) of this section, shall be fined not less than two
thousand five hundred dollars but not more than five thousand dollars for each offense
and (1) for the first violation, shall be disqualified from bidding on contracts with the
state or any political subdivision until the contractor or subcontractor has made full
restitution of the back wages owed to such persons and for an additional six months
thereafter and (2) for subsequent violations, shall be disqualified from bidding on contracts with the state or any political subdivision until the contractor or subcontractor has
made full restitution of the back wages owed to such persons and for not less than an
additional two years thereafter. In addition, if it is found by the contracting officer
representing the state or political subdivision of the state that any mechanic, laborer or
worker employed by the contractor or any subcontractor directly on the site for the work
covered by the contract has been or is being paid a rate of wages less than the rate of
wages required by the contract to be paid as required by this section, the state or contracting political subdivision of the state may (A) by written notice to the contractor,
terminate such contractor's right to proceed with the work or such part of the work as
to which there has been a failure to pay said required wages and to prosecute the work
to completion by contract or otherwise, and the contractor and the contractor's sureties
shall be liable to the state or the contracting political subdivision for any excess costs
occasioned the state or the contracting political subdivision thereby, or (B) withhold
payment of money to the contractor or subcontractor. The contracting department of
the state or the political subdivision of the state shall, not later than two days after taking
such action, notify the Labor Commissioner, in writing, of the name of the contractor
or subcontractor, the project involved, the location of the work, the violations involved,
the date the contract was terminated, and steps taken to collect the required wages.
(c) The Labor Commissioner may make complaint to the proper prosecuting authorities for the violation of any provision of subsection (b).
(d) For the purpose of predetermining the prevailing rate of wage on an hourly basis
and the amount of payment or contributions paid or payable on behalf of each person
to any employee welfare fund, as defined in subsection (h) of this section, in each town
where such contract is to be performed, the Labor Commissioner shall (1) hold a hearing
at any required time to determine the prevailing rate of wages on an hourly basis and
the amount of payment or contributions paid or payable on behalf of each person to any
employee welfare fund, as defined in subsection (h) of this section, upon any public
work within any specified area, and shall establish classifications of skilled, semiskilled
and ordinary labor, or (2) adopt and use such appropriate and applicable prevailing wage
rate determinations as have been made by the Secretary of Labor of the United States
under the provisions of the Davis-Bacon Act, as amended.
(e) The Labor Commissioner shall determine the prevailing rate of wages on an
hourly basis and the amount of payment or contributions paid or payable on behalf of
such person to any employee welfare fund, as defined in subsection (h) of this section,
in each locality where any such public work is to be constructed, and the agent empowered to let such contract shall contact the Labor Commissioner, at least ten but not more
than twenty days prior to the date such contracts will be advertised for bid, to ascertain
the proper rate of wages and amount of employee welfare fund payments or contributions
and shall include such rate of wage on an hourly basis and the amount of payment or
contributions paid or payable on behalf of each person to any employee welfare fund,
as defined in subsection (h) of this section, or in lieu thereof the amount to be paid
directly to each person for such payment or contributions as provided in subsection (a)
of this section for all classifications of labor in the proposal for the contract. The rate
of wage on an hourly basis and the amount of payment or contributions to any employee
welfare fund, as defined in subsection (h) of this section, or cash in lieu thereof, as
provided in subsection (a) of this section, shall, at all times, be considered as the minimum rate for the classification for which it was established. Prior to the award of any
contract subject to the provisions of this section, such agent shall certify in writing to
the Labor Commissioner the total dollar amount of work to be done in connection with
such public works project, regardless of whether such project consists of one or more
contracts. Upon the award of any contract subject to the provisions of this section, the
contractor to whom such contract is awarded shall certify, under oath, to the Labor
Commissioner the pay scale to be used by such contractor and any of the contractor's
subcontractors for work to be performed under such contract.
(f) Each employer subject to the provisions of this section or section 31-54 shall
(1) keep, maintain and preserve such records relating to the wages and hours worked
by each person performing the work of any mechanic, laborer and worker and a schedule
of the occupation or work classification at which each person performing the work of
any mechanic, laborer or worker on the project is employed during each work day and
week in such manner and form as the Labor Commissioner establishes to assure the
proper payments due to such persons or employee welfare funds under this section or
section 31-54, regardless of any contractual relationship alleged to exist between the
contractor and such person, and (2) submit monthly to the contracting agency a certified
payroll that shall consist of a complete copy of such records accompanied by a statement
signed by the employer that indicates (A) such records are correct; (B) the rate of wages
paid to each person performing the work of any mechanic, laborer or worker and the
amount of payment or contributions paid or payable on behalf of each such person to
any employee welfare fund, as defined in subsection (h) of this section, are not less than
the prevailing rate of wages and the amount of payment or contributions paid or payable
on behalf of each such person to any employee welfare fund, as determined by the Labor
Commissioner pursuant to subsection (d) of this section, and not less than those required
by the contract to be paid; (C) the employer has complied with the provisions of this
section and section 31-54; (D) each such person is covered by a workers' compensation
insurance policy for the duration of such person's employment, which shall be demonstrated by submitting to the contracting agency the name of the workers' compensation
insurance carrier covering each such person, the effective and expiration dates of each
policy and each policy number; (E) the employer does not receive kickbacks, as defined
in 41 USC 52, from any employee or employee welfare fund; and (F) pursuant to the
provisions of section 53a-157a, the employer is aware that filing a certified payroll
which the employer knows to be false is a class D felony for which the employer may
be fined up to five thousand dollars, imprisoned for up to five years, or both. This
subsection shall not be construed to prohibit a general contractor from relying on the
certification of a lower tier subcontractor, provided the general contractor shall not be
exempted from the provisions of section 53a-157a if the general contractor knowingly
relies upon a subcontractor's false certification. Notwithstanding the provisions of section 1-210, the certified payroll shall be considered a public record and every person
shall have the right to inspect and copy such records in accordance with the provisions
of section 1-212. The provisions of subsections (a) and (b) of section 31-59 and sections
31-66 and 31-69 that are not inconsistent with the provisions of this section or section
31-54 apply to this section. Failing to file a certified payroll pursuant to subdivision (2)
of this subsection is a class D felony for which the employer may be fined up to five
thousand dollars, imprisoned for up to five years, or both.
(g) The provisions of this section do not apply where the total cost of all work to
be performed by all contractors and subcontractors in connection with new construction
of any public works project is less than four hundred thousand dollars or where the total
cost of all work to be performed by all contractors and subcontractors in connection
with any remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any
public works project is less than one hundred thousand dollars.
(h) As used in this section, section 31-54 and section 31-89a, "employee welfare
fund" means any trust fund established by one or more employers and one or more labor
organizations or one or more other third parties not affiliated with the employers to
provide from moneys in the fund, whether through the purchase of insurance or annuity
contracts or otherwise, benefits under an employee welfare plan; provided such term
shall not include any such fund where the trustee, or all of the trustees, are subject to
supervision by the Banking Commissioner of this state or any other state or the Comptroller of the Currency of the United States or the Board of Governors of the Federal
Reserve System, and "benefits under an employee welfare plan" means one or more
benefits or services under any plan established or maintained for persons performing
the work of any mechanics, laborers or workers or their families or dependents, or for
both, including, but not limited to, medical, surgical or hospital care benefits; benefits
in the event of sickness, accident, disability or death; benefits in the event of unemployment, or retirement benefits.
(1949 Rev., S. 7372; March, 1950, S. 3018d, 3019d; 1961, P.A. 486, S. 1; 1963, P.A. 240, S. 1; 1967, P.A. 494, S. 1;
P.A. 73-566, S. 1; P.A. 75-90, S. 1, 2; P.A. 77-442; 77-614, S. 161, 610; P.A. 79-325; P.A. 80-482, S. 200, 348; P.A. 83-537, S. 2; P.A. 85-355, S. 1-3; P.A. 87-9, S. 2, 3; P.A. 91-74, S. 1; 91-407, S. 40, 42; P.A. 93-392, S. 1; 93-435, S. 65, 95;
P.A. 97-263, S. 14; P.A. 03-84, S. 17; P.A. 05-50, S. 1.)
History: 1961 act added provisions re political subdivision and employee welfare funds and added Subsecs. (f) and (g)
re records and schedules which must be kept and re inapplicability of provisions where total cost of work is less than five
thousand dollars; 1963 act substituted "alteration" for "remodeling" and "public works project" for references to public
buildings; 1967 act added Subsec. (h) defining "employee welfare fund" and "benefits under an employee welfare plan"
and substituted references to Subsec. (h) for references to Sec. 31-78; P.A. 73-566 amended Subsec. (b) to add provisions
re termination of contract when discovery is made that employees are being paid less than the amount required under
contract; P.A. 75-90 added references to remodeling, refurnishing, refurbishing and rehabilitation of projects in Subsecs.
(a), (b) and (g); P.A. 77-442 added Subdiv. (2) in Subsec. (d) requiring commissioner to adopt and use appropriate and
applicable prevailing wage rate determinations made by U.S. Secretary of Labor; P.A. 77-614 replaced bank commissioner
with banking commissioner within the department of business regulation and made banking department the division of
banking within that department, effective January 1, 1979; P.A. 79-325 replaced former provisions of Subsec. (g) which
had rendered section inapplicable where total cost of project is less than fifty thousand dollars with provision rendering
provisions inapplicable to new construction projects where total cost is less than fifty thousand dollars and to remodeling,
refinishing etc. projects where total cost is less than ten thousand dollars; P.A. 80-482 restored banking division as independent department with commissioner as its head following abolition of business regulation department; P.A. 83-537 amended
Subsec. (e) to require the local agent to contact the labor commissioner, to ascertain proper wage rates and payment levels,
at least ten but not more than twenty days prior to putting the contract out to bid; P.A. 85-355 amended Subsec. (e) to
require the agent to certify the total cost of work to be done on the public works project, and to require the contractor to
certify the pay scale to be used on the project after having been awarded the contract and amended Subsec. (g) to make the
prevailing wage requirements inapplicable to projects costing less than two hundred thousand dollars if new construction,
or to projects costing less than fifty thousand dollars if remodeling; (Revisor's note: Pursuant to P.A. 87-9 "banking
commissioner" was changed editorially by the Revisors to "commissioner of banking"); P.A. 91-74 made a technical
change in Subsec. (a), amended Subsec. (b) to increase fines from one hundred dollars to not less than two thousand five
hundred dollars but not more than five thousand dollars and amended Subsec. (g) by changing the cost thresholds from
two hundred thousand dollars to four hundred thousand dollars and from fifty thousand dollars to one hundred thousand
dollars; P.A. 91-407 changed effective date of P.A. 91-74 from October 1, 1991, to July 1, 1991; P.A. 93-392 deleted
reference to Sec. 51-53 in Subsec. (a) and added Subdiv. (2) in Subsec. (f) requiring employers subject to the state prevailing
wage laws to file weekly certified payrolls with the contracting public agency and designating such certified payrolls as
public records; P.A. 93-435 made technical change in Subsec. (a) to reinstate language in existence prior to amendment
made by P.A. 93-392, effective June 28, 1993; P.A. 97-263 amended Subsec. (b) to add Subdivs. (1) and (2) disqualifying
bidders from bidding on contracts with the state until certain requirements are met and to add provision permitting the
withholding of payment of money to the contractor or subcontractor, amended Subsec. (d) to change "employee" to
"person", amended Subsec. (f) to require monthly submission of certified payroll and to make failure to file a certified
payroll a class D felony, and amended Subsec. (h) by redefining "employee welfare fund" to include one or more other
third parties not affiliated with the employers; P.A. 03-84 changed "Commissioner of Banking" to "Banking Commissioner"
in Subsec. (h). effective June 3, 2003; P.A. 05-50 substituted "person" for "employee" and made technical changes throughout, amended Subsec. (a) to require payment of prevailing wage to persons performing the work of any mechanic, laborer
or worker and to require contractor not obligated to contribute to employee welfare fund to pay to each mechanic, laborer
or worker the amount of contribution for such person's classification, amended Subsec. (b) to impose penalties on any
contractor or subcontractor who fails to pay prevailing wage or make required contributions to employee welfare fund,
amended Subsec. (f) to require employer to keep, maintain and preserve records and schedule of occupation or work
classification for each person performing the work of any mechanic, laborer and worker, adding "regardless of any contractual relationship alleged to exist between the contractor and such person" and amended Subsec. (h) to redefine "benefits
under an employee welfare plan".