OLR Bill Analysis

sSB 1075

AN ACT CONCERNING CIVIL ACTIONS AGAINST AN EMPLOYER FOR FAILURE TO PAY WAGES OR COMPENSATION OR MAKE PAYMENTS TO AN EMPLOYEE WELFARE FUND.

SUMMARY:

This bill requires, rather than allows, a court to award double damages, costs, and attorney's fees when it finds that an employer failed to pay an employee's wages, benefits, or arbitration award, unless the employer proves a good faith basis for believing that its underpayment complied with the law. It is unclear if the employee could recover anything in a civil suit in which the employer proved such a good faith basis for the underpayment. Existing law also allows the labor commissioner to collect the unpaid wages and payments or bring a civil suit on the employee's behalf.

EFFECTIVE DATE: October 1, 2013

BACKGROUND

Legislative History

The Senate referred the original bill (File 318) to the Judiciary Committee, which removed its reporting requirements for construction contractors.

COMMITTEE ACTION

Labor and Public Employees Committee

Joint Favorable Substitute

Yea

7

Nay

3

(03/19/2013)

Judiciary Committee

Joint Favorable Substitute

Yea

21

Nay

13

(05/14/2013)