Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 4579

   
 

*HB0547304579HDO*

Offered by:

 

REP. TONG, 147th Dist.

REP. STAFSTROM, 129th Dist.

REP. PORTER, 94th Dist.

 

To: Subst. House Bill No. 5473

File No. 566

Cal. No. 378

"AN ACT CONCERNING CAPTIVE AUDIENCE MEETINGS."

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

"Section 1. (NEW) (Effective October 1, 2018) (a) As used in this section:

(1) "Employer" means a person engaged in business who has more than one employee, including the state and any political subdivision of the state;

(2) "Employee" means any person engaged in service to an employer in a business of such employer;

(3) "Threatening or coercive employer conduct" means intimidating statements or actions made or undertaken by an employer to suggest injury or imply quid-pro-quo injury to an employee or an employee's rights in order to force compliance by duress with the employer's directives. Threatening or coercive employer conduct includes, but is not limited to, making false promises, providing misleading information, employee isolation, assignment changes, demotion, denial of promotion, suspension, termination or other forms of discipline undertaken without just cause.

(b) No employer, or agent, representative or designee of such employer, shall engage in threatening or coercive employer conduct as defined in this section.

(c) No employer, or agent, representative or designee of such employer, shall discharge, discipline or penalize, or threaten to discharge, discipline or penalize, any employee because the employee, or a person acting on behalf of the employee, makes a good-faith report, orally or in writing, of a violation or a suspected violation of the provisions of this section. The provisions of this subsection shall not apply when the employee knows that such report is false.

(d) Any employee who is discharged, disciplined or penalized in violation of the provisions of this section may bring an administrative complaint to the State Board of Labor Relations, not later than ninety days after the date of the alleged violation. The State Board of Labor Relations may award a prevailing employee all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position, back pay and reestablishment of any employee benefits to which the employee would otherwise have been eligible if such violation had not occurred. The board shall award an employee treble damages, together with reasonable attorney's fees and costs.

(e) Any employee who is discharged, disciplined or penalized in violation of the provisions of this section may appeal to the State Board of Labor Relations' decision, not later than ninety days after the decision to the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office. The court may award a prevailing employee all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position, back pay and reestablishment of any employee benefits to which the employee would otherwise have been eligible if such violation had not occurred. The court shall award a prevailing employee treble damages, together with reasonable attorney's fees and costs.

(f) Nothing in this section shall be construed to limit an employee's right to bring a common law cause of action against an employer for wrongful termination or to diminish or impair the rights of a person under any collective bargaining agreement."

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

Section 1

October 1, 2018

New section