Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 5042

   
 

*HB0507505042HDO*

Offered by:

 

REP. TERCYAK, 26th Dist.

 

To: Subst. House Bill No. 5075

File No. 3

Cal. No. 39

"AN ACT CONCERNING DISABILITY INSURANCE COVERAGE FOR UNIFORMED MEMBERS OF FIRE DEPARTMENTS WHO ARE OTHERWISE INELIGIBLE FOR WORKERS' COMPENSATION BENEFITS FOR CERTAIN TYPES OF CANCER. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 31-231a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) For a construction worker identified pursuant to regulations adopted in accordance with subsection (c) of this section, the total unemployment benefit rate for the individual's benefit year commencing on or after April 1, 1996, shall be an amount equal to one twenty-sixth, rounded to the next lower dollar, of his or her total wages paid during that quarter of his or her current benefit year's base period in which wages were the highest but not less than fifteen dollars nor more than the maximum benefit rate as provided in subsection (b) of this section.

(b) For an individual not included in subsection (a) of this section, the individual's total unemployment benefit rate for his or her benefit year commencing after September 30, 1967, shall be an amount equal to one twenty-sixth, rounded to the next lower dollar, of the average of his or her total wages, as defined in subdivision (1) of subsection (b) of section 31-222, paid during the two quarters of his or her current benefit year's base period in which such wages were highest but not less than fifteen dollars, and commencing after October 1, 2016, shall be an amount equal to one twenty-sixth, rounded to the next lower dollar, of the average of his or her total wages, as defined in section 31-222, paid during the four quarters of his or her current benefit year's base period but not less than fifty dollars nor more than one hundred fifty-six dollars in any benefit year commencing on or after the first Sunday in July, 1982, nor more than sixty per cent rounded to the next lower dollar of the average wage of production and related workers in the state in any benefit year commencing on or after the first Sunday in October, 1983, and provided the maximum benefit rate in any benefit year commencing on or after the first Sunday in October, 1988, shall not increase more than eighteen dollars in any benefit year, such increase to be effective as of the first Sunday in October of such year, and further provided the maximum benefit rate shall not increase in benefit years 2016, 2017 and 2018. The average wage of production and related workers in the state shall be determined by the administrator, on or before August fifteenth annually, as of the year ended the previous June thirtieth to be effective during the benefit year commencing on or after the first Sunday of the following October and shall be so determined in accordance with the standards for the determination of average production wages established by the United States Department of Labor, Bureau of Labor Statistics.

(c) The administrator shall adopt regulations pursuant to the provisions of chapter 54 to implement the provisions of this section. Such regulations shall specify the National Council on Compensation Insurance employee classification codes which identify construction workers covered by subsection (a) of this section and specify the manner and format in which employers shall report the identification of such workers to the administrator.

Sec. 2. Section 31-236 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) An individual shall be ineligible for benefits:

(1) If the administrator finds that the individual has failed without sufficient cause either to apply for available, suitable work when directed so to do by the Public Employment Bureau or the administrator, or to accept suitable employment when offered by the Public Employment Bureau or by an employer, such ineligibility to continue until such individual has returned to work and has earned at least six times such individual's benefit rate. Suitable work means either employment in the individual's usual occupation or field or other work for which the individual is reasonably fitted, provided such work is within a reasonable distance of the individual's residence. In determining whether or not any work is suitable for an individual, the administrator may consider the degree of risk involved to such individual's health, safety and morals, such individual's physical fitness and prior training and experience, such individual's skills, such individual's previous wage level and such individual's length of unemployment, but, notwithstanding any other provision of this chapter, no work shall be deemed suitable nor shall benefits be denied under this chapter to any otherwise eligible individual for refusing to accept work under any of the following conditions: (A) If the position offered is vacant due directly to a strike, lockout or other labor dispute; (B) if the wages, hours or other conditions of work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (C) if, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization; (D) if the position offered is for work which commences or ends between the hours of one and six o'clock in the morning if the administrator finds that such work would constitute a high degree of risk to the health, safety or morals of the individual, or would be beyond the physical capabilities or fitness of the individual or there is no suitable transportation available from the individual's home to or from the individual's place of employment; or (E) if, as a condition of being employed, the individual would be required to agree not to leave such position if recalled by the individual's former employer;

(2) (A) If, in the opinion of the administrator, the individual has left suitable work voluntarily and without good cause attributable to the employer, until such individual has earned at least ten times such individual's benefit rate, provided whenever an individual voluntarily leaves part-time employment under conditions that would render the individual ineligible for benefits, such individual's ineligibility shall be limited as provided in subsection (b) of this section, if applicable, and provided further, no individual shall be ineligible for benefits if the individual leaves suitable work (i) for good cause attributable to the employer, including leaving as a result of changes in conditions created by the individual's employer, (ii) to care for the individual's spouse, child, or parent with an illness or disability, as defined in subdivision [(16)] (17) of this subsection, (iii) due to the discontinuance of transportation, other than the individual's personally owned vehicle, used to get to and from work, provided no reasonable alternative transportation is available, (iv) to protect the individual, the individual's child, the individual's spouse or the individual's parent from becoming or remaining a victim of domestic violence, as defined in section 17b-112a, provided such individual has made reasonable efforts to preserve the employment, but the employer's account shall not at any time be charged with respect to any voluntary leaving that falls under subparagraph (A)(iv) of this subdivision, (v) for a separation from employment that occurs on or after July 1, 2007, to accompany a spouse who is on active duty with the armed forces of the United States and is required to relocate by the armed forces, but the employer's account shall not at any time be charged with respect to any voluntary leaving that falls under subparagraph (A)(v) of this subdivision, or (vi) to accompany such individual's spouse to a place from which it is impractical for such individual to commute due to a change in location of the spouse's employment, but the employer's account shall not be charged with respect to any voluntary leaving under subparagraph (A)(vi) of this subdivision; or (B) if, in the opinion of the administrator, the individual has been discharged or suspended for felonious conduct, conduct constituting larceny of property or service, the value of which exceeds twenty-five dollars, or larceny of currency, regardless of the value of such currency, wilful misconduct in the course of the individual's employment, or participation in an illegal strike, as determined by state or federal laws or regulations, until such individual has earned at least ten times the individual's benefit rate; provided an individual who (i) while on layoff from regular work, accepts other employment and leaves such other employment when recalled by the individual's former employer, (ii) leaves work that is outside the individual's regular apprenticeable trade to return to work in the individual's regular apprenticeable trade, (iii) has left work solely by reason of governmental regulation or statute, or (iv) leaves part-time work to accept full-time work, shall not be ineligible on account of such leaving and the employer's account shall not at any time be charged with respect to such separation, unless such employer has elected payments in lieu of contributions;

(3) During any week in which the administrator finds that the individual's total or partial unemployment is due to the existence of a labor dispute other than a lockout at the factory, establishment or other premises at which the individual is or has been employed, provided the provisions of this subsection do not apply if it is shown to the satisfaction of the administrator that (A) the individual is not participating in or financing or directly interested in the labor dispute that caused the unemployment, and (B) the individual does not belong to a trade, class or organization of workers, members of which, immediately before the commencement of the labor dispute, were employed at the premises at which the labor dispute occurred, and are participating in or financing or directly interested in the dispute; or (C) the individual's unemployment is due to the existence of a lockout. A lockout exists whether or not such action is to obtain for the employer more advantageous terms when an employer (i) fails to provide employment to its employees with whom the employer is engaged in a labor dispute, either by physically closing its plant or informing its employees that there will be no work until the labor dispute has terminated, or (ii) makes an announcement that work will be available after the expiration of the existing contract only under terms and conditions that are less favorable to the employees than those current immediately prior to such announcement; provided in either event the recognized or certified bargaining agent shall have advised the employer that the employees with whom the employer is engaged in the labor dispute are ready, able and willing to continue working pending the negotiation of a new contract under the terms and conditions current immediately prior to such announcement;

(4) During any week with respect to which the individual has received or is about to receive remuneration in the form of (A) wages in lieu of notice or dismissal payments, including severance or separation payment by an employer to an employee beyond the employee's wages upon termination of the employment relationship, unless the employee was required to waive or forfeit a right or claim independently established by statute or common law, against the employer as a condition of receiving the payment, or any payment by way of compensation for loss of wages, or any other state or federal unemployment benefits, except mustering out pay, terminal leave pay or any allowance or compensation granted by the United States under an Act of Congress to an ex-serviceperson in recognition of the ex-serviceperson's former military service, or any service-connected pay or compensation earned by an ex-serviceperson paid before or after separation or discharge from active military service, or (B) compensation for temporary disability under any workers' compensation law;

(5) Repealed by P. A. 73-140;

(6) If the administrator finds that the individual has left employment to attend a school, college or university as a regularly enrolled student, such ineligibility to continue during such attendance;

(7) Repealed by P. A. 74-70, S. 2, 4;

(8) If the administrator finds that, having received benefits in a prior benefit year, the individual has not again become employed and been paid wages since the commencement of said prior benefit year in an amount equal to the greater of three hundred dollars or five times the individual's weekly benefit rate by an employer subject to the provisions of this chapter or by an employer subject to the provisions of any other state or federal unemployment compensation law;

(9) If the administrator finds that the individual has retired and that such retirement was voluntary, until the individual has again become employed and has been paid wages in an amount required as a condition of eligibility as set forth in subdivision (3) of section 31-235; except that the individual is not ineligible on account of such retirement if the administrator finds (A) that the individual has retired because (i) such individual's work has become unsuitable considering such individual's physical condition and the degree of risk to such individual's health and safety, and (ii) such individual has requested of such individual's employer other work that is suitable, and (iii) such individual's employer did not offer such individual such work, or (B) that the individual has been involuntarily retired;

(10) Repealed by P. A. 77-426, S. 6, 19;

(11) Repealed by P. A. 77-426, S. 6, 19;

(12) Repealed by P. A. 77-426, S. 17, 19;

(13) If the administrator finds that, having been sentenced to a term of imprisonment of thirty days or longer and having commenced serving such sentence, the individual has been discharged or suspended during such period of imprisonment, until such individual has earned at least ten times such individual's benefit rate;

(14) If the administrator finds that the individual has been discharged or suspended because the individual has been disqualified under state or federal law from performing the work for which such individual was hired as a result of a drug or alcohol testing program mandated by and conducted in accordance with such law, until such individual has earned at least ten times such individual's benefit rate;

(15) If the individual is a temporary employee of a temporary help service and the individual refuses to accept suitable employment when it is offered by such service upon completion of an assignment until such individual has earned at least six times such individual's benefit rate; [and]

(16) During any week in which the administrator finds that the individual, having commenced a claim for benefits on or after January 1, 2017, has failed to post his or her resume on an online employment exchange designated by the administrator and designed for employers and job seekers in the state after the sixth consecutive week of collecting benefits under this chapter. The administrator may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subdivision; and

[(16)] (17) For purposes of subparagraph (A)(ii) of subdivision (2) of this subsection, "illness or disability" means an illness or disability diagnosed by a health care provider that necessitates care for the ill or disabled person for a period of time longer than the employer is willing to grant leave, paid or otherwise, and "health care provider" means (A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; (B) a podiatrist, dentist, psychologist, optometrist or chiropractor authorized to practice by the state in which such person practices and performs within the scope of the authorized practice; (C) an advanced practice registered nurse, nurse practitioner, nurse midwife or clinical social worker authorized to practice by the state in which such person practices and performs within the scope of the authorized practice; (D) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; (E) any medical practitioner from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; (F) a medical practitioner, in a practice enumerated in subparagraphs (A) to (E), inclusive, of this subdivision, who practices in a country other than the United States, who is licensed to practice in accordance with the laws and regulations of that country; or (G) such other health care provider as the Labor Commissioner approves, performing within the scope of the authorized practice. For purposes of subparagraph (B) of subdivision (2) of this subsection, "wilful misconduct" means deliberate misconduct in wilful disregard of the employer's interest, or a single knowing violation of a reasonable and uniformly enforced rule or policy of the employer, when reasonably applied, provided such violation is not a result of the employee's incompetence and provided further, in the case of absence from work, "wilful misconduct" means an employee must be absent without either good cause for the absence or notice to the employer which the employee could reasonably have provided under the circumstances for three separate instances within a twelve-month period. Except with respect to tardiness, for purposes of subparagraph (B) of subdivision (2) of this subsection, each instance in which an employee is absent for one day or two consecutive days without either good cause for the absence or notice to the employer which the employee could reasonably have provided under the circumstances constitutes a "separate instance". For purposes of subdivision (15) of this subsection, "temporary help service" means any person conducting a business that consists of employing individuals directly for the purpose of furnishing part-time or temporary help to others; and "temporary employee" means an employee assigned to work for a client of a temporary help service.

(b) Any individual who has voluntarily left part-time employment under conditions which would otherwise render him or her ineligible for benefits pursuant to subparagraph (A) of subdivision (2) of subsection (a) of this section, who has not earned ten times his or her benefit rate since such separation and who is otherwise eligible for benefits shall be eligible to receive benefits only as follows: (1) If such separation from the individual's part-time employment precedes a compensable separation, under the provisions of this chapter, from his or her full-time employment, he or she shall be eligible to receive an amount equal to the benefits attributable solely to the wages paid to him or her for any employment during his or her base period other than such part-time employment; or (2) if such separation from the individual's part-time employment follows a compensable separation, under the provisions of this chapter, from his or her full-time employment, he or she shall be eligible to receive an amount equal to the lesser of the partial unemployment benefits he or she would have received under section 31-229 but for such separation from his or her part-time employment or the partial unemployment benefits for which he or she would be eligible under section 31-229 based on any subsequent part-time employment. In no event may the employer who provided such part-time employment for the individual be charged for any benefits paid pursuant to the subsection. For purposes of this subsection, "full-time employment" means any job normally requiring thirty-five hours or more of service each week, and "part-time employment" means any job normally requiring less than thirty-five hours of service each week.

Sec. 3. (NEW) (Effective October 1, 2016) (a) Whenever the Labor Commissioner or an employee has probable cause to believe that an employer failed to pay wages to such employee in violation of section 31-60 or sections 31-71b to 31-71e, inclusive, of the general statutes or has failed to compensate an employee in violation of section 31-76c or 31-76k of the general statutes, the Labor Commissioner or such employee shall be entitled to a lien on any property, real or personal, in which such employer has an interest to enforce payment of such wages or compensation and any statutory penalties that would be available in a civil action under section 31-68 or 31-72 of the general statutes.

(b) To establish a lien for unpaid wages under this section, the Labor Commissioner or the employee shall serve notice of such lien by certified mail with a return receipt requested or by priority mail with delivery confirmation to the employer that failed to pay such wages. Such notice of lien shall contain such information as will identify (1) the owner of the property upon which the lien is claimed, (2) the residence or business address of such owner, (3) the specific property claimed to be subject to such lien, (4) the location of such property, (5) the amount of wages or compensation and any accrued penalties and interest claimed to be due the employee in relation to the lien, and (6) the pay period or periods for which such lien is claimed. Such notice of lien shall be sent not later than one year after the final pay period in which such wages or compensation were due and shall advise the employer that the employer may dispute such lien by filing a complaint in the Superior Court where the employer's property is located not later than thirty days after such notice of lien is served.

(c) An employer may dispute such lien by filing a complaint in the Superior Court where the employer's property is located not later than thirty days after notice was served on the employer. A complaint under this section shall include (1) a copy of the notice served pursuant to subsection (b) of this section, and (2) a statement of any defense to the lien for unpaid wages with an affidavit containing a statement of facts that support such defense. On request of the employer or the Labor Commissioner or the employee, the court may hold an evidentiary hearing prior to making a determination. If the court, upon consideration of the facts before it and taking into account any defenses, counterclaims or set-offs, claims of exemption and claims of adequate insurance, finds that the Labor Commissioner or the employee has shown probable cause that the employer owes wages or compensation and any accrued penalties and interest in the amount of the lien sought and finds that a lien securing the judgment should be granted, the lien applied for shall be granted as requested or as modified by the court. The court shall determine whether to issue an order granting such lien not later than forty-five days after receiving the employer's complaint and shall provide written notification to the employer and to the Labor Commissioner or the employee of such determination.

(d) If the employer fails to file a timely complaint disputing the lien and the employee or Labor Commissioner files a copy of the notice of lien and proof of service the with the clerk, the court shall issue an order granting a lien for the amount claimed.

(e) A lien is established under this section after the court provides written notification to the employer and to the Labor Commissioner or the employee of its decision to grant a lien, provided such employer does not file an appeal of such determination within thirty days after receiving such determination. The lien shall attach and become perfected at the time when notice of such lien is filed as provided in subsection (i) of this section. Such lien shall be effective for a period of ten years from the date of filing unless extinguished or discharged as provided in subsection (g) of this section.

(f) An action to recover unpaid wages or compensation and any accrued penalties and interest by the Labor Commissioner or the employee shall be deemed an action to foreclose upon any property subject to a lien established under this section. In any judgment resulting from such action, the court may order the sale or the transfer to the employee of title or possession of any property subject to such lien. Any property subject to such lien may be foreclosed upon in the same manner as a mortgage at any point after a judgment for unpaid wages is issued.

(g) A lien established under this section shall be extinguished upon expiration of the limitations period applicable to any claim for unpaid wages or compensation and any accrued penalties and interest if no civil action to recover such wages or compensation and any accrued penalties and interest is commenced prior to the expiration of such limitations period. If judgment is entered in favor of the employer in any action to recover such wages or compensation and any accrued penalties and interest, the lien shall be extinguished upon expiration of the applicable appeals period if no appeal is filed. If an appeal is filed, the lien shall remain in force until all issues on appeal have been decided. Any person who has lodged for record a wage lien on any property shall, after receiving satisfaction of his or her claim or after the rendition of a final judgment against such person showing that nothing is due thereon, within ten days after being requested to do so in writing by any person interested in having the lien removed, sign and lodge in the office in which the lien was filed for record a certificate that such lien is removed which, when recorded, shall discharge such lien. If the person fails to comply with such request, he or she shall pay to the party aggrieved by such failure such sum, not exceeding half the amount claimed by such lien, as the court having cognizance of the action brought therefor may determine.

(h) Notwithstanding any provision of the general statutes, a lien established under this section shall have priority over any other encumbrance originating after the employee's unpaid wages or compensation became due. Such lien shall have priority over the rights of any purchaser of any property of the employer, including against any bona fide purchaser under 11 USC 545(2). A lien established under this section is effective against the employer and the estate of the employer.

(i) A lien established under this section against real property shall be recorded with the town clerk for the town in which any portion of the employer's property is located. A lien established under this section against personal property shall be recorded in the same manner as a financing statement is filed with the Secretary of the State.

(j) Nothing in this section shall be construed to prevent the Labor Commissioner or an employee from exercising any right or seeking any remedy to which he or she may otherwise be entitled under any state or federal law.

Sec. 4. (NEW) (Effective from passage) (a) For purposes of this section, "employer" has the same meaning as provided in section 31-58 of the general statutes, and "employee" means any individual employed or permitted to work by an employer.

(b) If an employee employed in a bona fide executive, administrative or professional capacity, as defined in the regulations of the Labor Commissioner issued pursuant to section 31-60 of the general statutes, is absent from work as a result of a disciplinary suspension for violating a written workplace conduct rule prohibiting harassment or workplace violence, the employer may deduct from the wages of such employee an amount equal to the wages that would have been paid for the number of days such employee is absent.

(c) The Labor Commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, as the commissioner deems necessary to implement the provisions of subsection (b) of this section.

Sec. 5. Subsection (a) of section 10-153a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Members of the teaching profession shall have and shall be protected in the exercise of the right to form, join or assist, or refuse to form, join or assist, any organization qualified as a tax-exempt organization under Section 501(c)(5) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, for professional or economic improvement and to negotiate in good faith through representatives of their own choosing with respect to salaries, hours and other conditions of employment free from interference, restraint, coercion or discriminatory practices by any employing board of education or administrative agents or representatives thereof in derogation of the rights guaranteed by this section and sections 10-153b to 10-153n, inclusive.

Sec. 6. (NEW) (Effective October 1, 2016) (a) For purposes of this section:

(1) "Building maintenance service" means work performed in connection with the care or maintenance of buildings, including, but not limited to, work customarily performed by cleaners, porters, janitors, handypersons and security guards;

(2) "Covered employee" means any person performing building maintenance service in or about a covered location. "Covered employee" does not include any person providing building maintenance service in or about a covered location on a temporary basis to replace another covered employee who is taking covered leave;

(3) "Covered employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity, including the state or any political subdivision thereof, that (A) directly employs at least one covered employee, (B) contracts or subcontracts for the services of at least one covered employee, (C) owns or operates a covered location, or (D) leases any portion of a covered location and (i) directly employees at least one covered employee, or (ii) contracts or subcontracts for the services of at least one covered employee;

(4) "Covered leave" means any paid or unpaid temporary leave voluntarily taken by a covered employee pursuant to (A) any applicable state or federal law, (B) any written employee handbook, or (C) written request initiated by the covered employee;

(5) "Covered location" means (A) an office building having an area of not less than one hundred thousand square feet, (B) a private or public institution of higher education, or (C) a museum, as defined in section 11-80 of the general statutes;

(6) "Minimum workweek" means the minimum number of compensated hours provided to a covered employee in any workweek, except for weeks in which the covered employee is taking covered leave;

(7) "Office building" means (A) an industrial, commercial or business facility, (B) a continuous, commonly owned office park, or (C) a group of office buildings that (i) have common ownership or management, and (ii) are contiguous or have consecutive address; and

(8) "Workweek" means a fixed, regularly recurring period of one hundred sixty-eight hours or seven consecutive twenty-four-hour periods.

(b) On and after January 1, 2017, the minimum workweek for a covered employee shall be thirty hours per workweek.

(c) Each covered employer shall provide notice to each covered employee (1) of the entitlement to a minimum workweek, and (2) that the covered employee has a right to file a complaint with the Labor Commissioner for any violation of this section. A covered employer may comply with the provisions of this section by displaying a poster in a conspicuous place, accessible to covered employees, at the covered location and the covered employer's place of business that contains the information required by this section in both English and Spanish. The Labor Commissioner may adopt regulations, in accordance with chapter 54 of the general statutes, to establish additional requirements concerning the means by which covered employers shall provide such notice.

(d) Any covered employee aggrieved by a violation of the provisions of subsection (b) or (c) 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 covered employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of subsection (b) of this section shall be liable to the Labor Department for a civil penalty of up to five hundred dollars for the first violation and up to one thousand dollars for any subsequent violation. Any covered employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of subsection (c) of this section shall be liable to the Labor Department for a civil penalty of up to one hundred dollars for each day that such covered employer fails to post notice, provided such penalty shall not exceed five hundred dollars. The Labor Commissioner may award the covered employee all appropriate relief, including, but not limited to, reinstatement, payment of back wages, any medical costs incurred during the period of time the covered employee was entitled to and denied the minimum workweek, liquidated damages in an amount not to exceed one hundred dollars per day for each day the covered employer was in violation of the provisions of this section and reasonable attorney's fees. 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.

(e) It shall be a violation of this section for any covered employer to discharge or cause to be discharged, or in any other manner discriminate against any covered employee because such covered employee has (1) filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this section, (2) given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this section, or (3) testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this section.

(f) It shall be a violation of this section for any covered employer to (1) hinder or delay the commissioner or the commissioner's authorized representative in the performance of the commissioner's or the commissioner's authorized representative's duties in the enforcement of this section, or (2) refuse to submit to the commissioner or the commissioner's authorized representative any reports or refuse to make available to the commissioner or the commissioner's authorized representative any records required by him or her in investigating the covered employer for purposes of this section.

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

(h) The provisions of this section shall not apply to any covered employee performing building maintenance service at a covered location pursuant to a contract for building maintenance service that (1) is intended to create janitorial work job opportunities for persons with a disability, as defined in section 4a-82 of the general statutes, and (2) is in conformity with state and federal statutes and regulations regarding the employment of persons with a disability. "

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

Section 1

October 1, 2016

31-231a

Sec. 2

October 1, 2016

31-236

Sec. 3

October 1, 2016

New section

Sec. 4

from passage

New section

Sec. 5

October 1, 2016

10-153a(a)

Sec. 6

October 1, 2016

New section