Connecticut Seal

General Assembly

Amendment

 

January Session, 2011

LCO No. 7087

   
 

*SB0091307087SRO*

Offered by:

 

SEN. MCKINNEY, 28th Dist.

 

To: Senate Bill No. 913

File No. 76

Cal. No. 97

(As Amended)

Strike section 5 in its entirety and substitute the following in lieu thereof:

"Sec. 5. (NEW) (Effective January 1, 2012) (a) No employer shall take retaliatory personnel action or discriminate against a service worker because the service worker (1) requests or uses paid sick leave in accordance with sections 2 and 3 of this act, or (2) files a complaint with the Labor Commissioner alleging the employer's violation of sections 2 to 6, inclusive, of this act.

(b) The Labor Commissioner shall advise any service worker who (1) is covered by a collective bargaining agreement that provides for paid sick days, and (2) files a complaint pursuant to subsection (a) of this section, of his or her right to pursue a grievance with his or her collective bargaining agent.

(c) Any service worker aggrieved by a violation of the provisions of sections 2 to 6, inclusive, of this act may file a complaint with the Labor Commissioner. Upon receipt of any such complaint, said commissioner may hold a hearing. After the hearing, any employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of subsection (a) of this section shall be liable to the Labor Department for a civil penalty of five hundred dollars for each violation. Any employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of sections 2 to 4, inclusive, or section 6 of this act shall be liable to the Labor Department for a civil penalty of up to one hundred dollars for each violation. The Labor Commissioner may award the service worker all appropriate relief, including the payment for used paid sick leave, rehiring or reinstatement to the service worker's previous job, payment of back wages and reestablishment of employee benefits to which the service worker otherwise would have been eligible if the service worker had not been subject to such retaliatory personnel action or discriminated against. Any party aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54 of the general statutes.

(d) The Labor Commissioner shall administer this section within available appropriations. "