Connecticut Seal

General Assembly

 

Raised Bill No. 5256

February Session, 2014

 

LCO No. 1082

 

*01082_______LAB*

Referred to Committee on LABOR AND PUBLIC EMPLOYEES

 

Introduced by:

 

(LAB)

 

AN ACT CONCERNING THE COMPENSATION OF WORKERS ON FAMILY HOLIDAYS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2014) (a) For purposes of this section:

(1) "Employer" means any owner or any person, partnership, corporation, limited liability company or association of persons acting directly as, or on behalf of, or in the interest of an employer in relation to not less than five employees, including the state and any political subdivision thereof;

(2) "Family holiday" means Thanksgiving Day or Christmas Day; and

(3) "Retail business" means any for-profit or not-for-profit business having a fixed, permanent location the principal activity of which is exhibiting or offering for sale goods, wares or merchandise on a continuous basis.

(b) Each employer operating a retail business shall compensate each employee who works for such retail business on a family holiday by (1) paying the employee at a rate equal to two and one-half times the normal hourly rate based on the employee's annual salary for the duration of time the employee works for such retail business on the family holiday, or (2) (A) paying the employee at a rate equal to one and one-half times the normal hourly rate based on the employee's annual salary for the duration of time the employee works for such retail business on the family holiday, and (B) granting such employee future paid leave at a rate equal to the normal hourly rate based on the employee's annual salary for the duration of time the employee worked for such retail business on the family holiday.

(b) Any employee aggrieved by a violation of the provisions of this section 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 this section 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 employee all appropriate relief, including the payment of back wages, to which the employee otherwise would have been eligible. 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.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2014

New section

Statement of Purpose:

To duly compensate certain retail employees who are required by their employers to work on family holidays.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]