Chapter 557 - Employment Regulation

Sec. 31-22m. (Formerly Sec. 31-51a). Apprenticeship. Definitions. When used in sections 31-22m to 31-22q, inclusive, and 31-22u, “apprentice” means a person who is employed under a written agreement to work at and learn a specific trade and who is registered with the Labor Department; “apprentice agreement” means a written agreement entered into by an apprentice, or on his behalf by his parent or guardian, with an employer, or with an association of employers and an organization of employees acting as a joint apprenticeship committee, which agreement provides for not less than two thousand hours of work experience in approved trade training consistent with recognized requirements established by industry or joint labor-industry practice and for the number of hours of related and supplemental instructions prescribed by the Connecticut State Apprenticeship Council or which agreement meets requirements of the federal government for on-the-job training schedules which are essential, in the opinion of the Labor Commissioner, for the development of manpower in Connecticut industries; “council” means the Connecticut State Apprenticeship Council; and “preapprentice” means a person, student or minor employed under a written agreement with an apprenticeship sponsor for a term of training and employment not exceeding two thousand hours or twenty-four months in duration, and who is registered with the Labor Department.

(1959, P.A. 390, S. 1; 1963, P.A. 180; P.A. 78-325; P.A. 14-131, S. 7; P.A. 21-141, S. 5.)

History: 1963 act redefined “apprentice agreement” to include agreements meeting federal requirements for on-the-job training schedules; P.A. 78-325 redefined “apprenticeship agreement” to change minimum hours of work experience from 4,000 to 2,000 and to add “consistent with recognized requirements established by industry or joint labor-industry practice”; Sec. 31-51a transferred to Sec. 31-22m in 2005; P.A. 14-131 added reference to Sec. 31-22u; P.A. 21-141 redefined “apprentice” and defined “preapprentice”, effective July 7, 2021.

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Sec. 31-22n. (Formerly Sec. 31-51b). Apprenticeship council. The Governor shall appoint thirteen members to the Connecticut State Apprenticeship Council, each of whom shall have some association with apprentice training. Four shall be representative of Connecticut industry, with one representative each from the manufacturing, building, mechanical and service industries, provided at least one such member represents a business that operates without a collective bargaining agreement; four shall be Connecticut members of national labor organizations with apprentice training programs; five shall represent the public, two of whom shall be the Labor Commissioner and the Chief Workforce Officer, or their designees. Members shall each serve a term which is coterminous with the term of the Governor, each member to hold office until a successor is appointed. Any vacancy in the membership of the council shall be filled by the Governor for the unexpired term. It shall meet on the call of the chairman, who shall be the Labor Commissioner, or his or her designee. On or before August first of each year, the council may prepare a report describing the activities of the council, this report to be included in the Labor Commissioner's report to the Governor. The members of the council shall not be compensated for their services, but the members, except the Labor Commissioner, and his or her designee, and any state employee, shall be reimbursed for necessary expenses incurred in the performance of their duties.

(1959, P.A. 390, S. 2; June Sp. Sess. P.A. 83-21; P.A. 85-580; P.A. 01-170, S. 5; June Sp. Sess. P.A. 21-2, S. 238.)

History: June Sp. Sess. P.A. 83-21 increased the payments to members from $25 to $40 per day, and specifically excluded from receipt of such payments the deputy labor commissioner and state employees; P.A. 85-580 increased membership on the council from 9 to 12 members, adding an additional member for each category and specifying the background of each industry representative, provided for terms which are coterminous with the governor, provided that the deputy labor commissioner shall be the council chairman, and provided for the reimbursement to the members of necessary expenses, replacing provisions for staggered terms, election of chairman and other officers by the council and for payment of $40 per day in lieu of expenses; P.A. 01-170 changed membership by replacing the Deputy Labor Commissioner with the Labor Commissioner and made technical changes; Sec. 31-51b transferred to Sec. 31-22n in 2005; June Sp. Sess. P.A. 21-2 added Chief Workforce Officer to Connecticut State Apprenticeship Council, allowed designees of Labor Commissioner and said officer, changed “shall” to “may” re report, and made conforming changes, effective July 1, 2021.

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Sec. 31-22o. (Formerly Sec. 31-51c). Powers and duties of council. The council may recommend minimum standards of apprenticeship and for related and supplementary instruction, encourage registration and approval of apprentice agreements and training programs, and issue certificates of completion upon the verification by employers or joint apprenticeship committees of the satisfactory completion of the term of apprenticeship. The council shall assist in recommending policies for the effective administration of sections 31-22m to 31-22q, inclusive, and 31-22u. Such policies by the council shall not invalidate any apprenticeship provision in any collective bargaining agreement between employers and employees. All apprentice programs adopted and registered with the Labor Department under said sections shall be on a voluntary basis and shall be installed for the purpose of developing skilled workers for the service trades and industries of Connecticut.

(1959, P.A. 390, S. 3; P.A. 14-131, S. 8; P.A. 21-141, S. 6.)

History: Sec. 31-51c transferred to Sec. 31-22o in 2005; P.A. 14-131 added reference to Sec. 31-22u; P.A. 21-141 replaced “adopt recommendations for” with “recommend”, “formulate” with “assist in recommending” and “council” with “Labor Department”, effective July 7, 2021.

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Sec. 31-22s. Report re feasibility of on-line apprenticeship registration system. Section 31-22s is repealed, effective July 7, 2021.

(P.A. 03-207, S. 2; P.A. 21-141, S. 12.)

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Sec. 31-22u. Military training evaluation. Any member of the armed forces or National Guard or any veteran, within two years of such veteran's discharge from the armed forces, may submit an application for military training evaluation to the Labor Department program of apprentice training set forth in section 31-22q. Such application shall include (1) evidence of satisfactory completion of a program or course of instruction as part of military training that is equivalent in content and quality to that required for a specific trade in this state, and (2) if such applicant is a veteran, such veteran's military discharge document or a certified copy thereof. The Labor Commissioner shall evaluate any such application and determine whether the applicant's military training may be substituted for all or part of the term of an apprenticeship program registered with the Labor Department for a specific trade. If the commissioner determines that the applicant's military training is equivalent to the training required for completion of such apprenticeship program, the commissioner shall issue such applicant a recommendation for review by the appropriate examining board established under section 20-331. Presentation of such recommendation, pursuant to section 20-333, shall allow such applicant to sit for any licensure examination without participation in an apprenticeship program. If the commissioner determines that the applicant's military training is equivalent to part of the training required for completion of an apprenticeship program, such applicant's hours of qualified military training, as determined by the commissioner, shall be deducted from the hours of apprenticeship training required for the specific trade provided (A) such applicant completes the minimum number of hours of apprenticeship training required under federal law, and (B) prior to implementation of this provision, the Labor Department obtains concurrence with such provision from the federal office of apprenticeship pursuant to 29 CFR 29.13(b)(9). For the purposes of this section, “veteran” and “armed forces” have the same meanings as provided in section 27-103, and “military discharge document” has the same meaning as provided in section 1-219.

(P.A. 14-131, S. 4; P.A. 21-79, S. 40.)

History: P.A. 21-79 redefined “veteran” and made technical changes.

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PART II

PROTECTION OF EMPLOYEES

Sec. 31-40q. Prohibition on smoking and use of electronic nicotine and cannabis delivery systems and vapor products in the workplace. (a) As used in this section:

(1) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons;

(2) “Employer” means a person engaged in business who has employees, including the state and any political subdivision thereof;

(3) “Employee” means any person engaged in service to an employer in the business of his employer;

(4) “Business facility” means a structurally enclosed location or portion thereof at which employees perform services for their employer. The term “business facility” does not include: (A) Facilities listed in subdivision (2) of subsection (b) of section 19a-342 or subdivision (2) of subsection (b) of section 19a-342a; (B) any establishment with a permit for the sale of alcoholic liquor pursuant to section 30-23 issued on or before May 1, 2003; (C) for any business that is engaged in the testing or development of tobacco, tobacco products or cannabis, the areas of such business designated for such testing or development; or (D) during the period from October 1, 2003, to April 1, 2004, establishments with a permit issued for the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the bar area of a bowling establishment holding a permit pursuant to subsection (a) of section 30-37c;

(5) “Smoke” or “smoking” means the burning of a lighted cigar, cigarette, pipe or any other similar device, whether containing, wholly or in part, tobacco, cannabis or hemp;

(6) “Cannabis” means marijuana, as defined in section 21a-240;

(7) “Electronic nicotine delivery system” has the same meaning as provided in section 19a-342a;

(8) “Electronic cannabis delivery system” has the same meaning as provided in section 19a-342a;

(9) “Vapor product” has the same meaning as provided in section 19a-342a;

(10) “Any area” has the same meaning as provided in section 19a-342a; and

(11) “Hemp” has the same meaning as provided in section 22-61l.

(b) Each employer shall prohibit smoking and the use of electronic nicotine and cannabis delivery systems and vapor products in any area of any business facility under said employer's control.

(c) Nothing in this section may be construed to prohibit an employer from designating an entire business facility and the real property on which the business facility is located as a nonsmoking area.

(P.A. 83-268; P.A. 87-149, S. 1, 3; P.A. 91-94; P.A. 95-79, S. 109, 189; P.A. 03-45, S. 2; 03-235, S. 3; P.A. 04-9, S. 3; P.A. 17-146, S. 39; June Sp. Sess. P.A. 21-1, S. 88.)

History: P.A. 87-149 amended Subsec. (b) to require employers to establish sufficient nonsmoking areas in business facilities and added Subsec. (c) to enable the labor commissioner to exempt certain employers from compliance with those requirements, effective April 1, 1988; P.A. 91-94 amended Subsec. (a) by reducing the minimum number of employees from 50 to 20 in Subdiv. (4); P.A. 95-79 amended Subsec. (a) to redefine “person” to include limited liability companies, effective May 31, 1995; P.A. 03-45 redefined “business facility” in Subsec. (a)(4), amended Subsec. (b) and replaced former Subsec. (c) with new Subsecs. (c) and (d) to prohibit smoking in any workplace with 5 or more employees, delete provision for exemption by Labor Commissioner, and provide for designation of smoking rooms, if desired by employer; P.A. 03-235 amended Subsec. (a)(4)(D) by adding the bar area of a bowling establishment holding a permit issued pursuant to Sec. 30-37c(a) to definition of “business facility”; P.A. 04-9 amended Subsec. (a)(4) by making technical changes; P.A. 17-146 amended Subsec. (a)(4) by replacing reference to Sec. 19a-342(b)(2)(G) with reference to Sec. 19a-342(b)(2)(H); June Sp. Sess. P.A. 21-1 amended Subsec. (a) by making technical changes, redefining “business facility” and “smoking”, and adding Subdivs. (6) to (11) defining “cannabis”, “electronic nicotine delivery system”, “electronic cannabis delivery system”, “vapor product”, “any area” and “hemp”, deleted former Subsec. (b) re designating nonsmoking area, amended Subsec. (c) by redesignating existing Subdiv. (1) as Subsec. (b) and amending same to delete reference to 5 or more employees, add reference to electronic nicotine and cannabis delivery systems and vapor products, and delete reference to smoking rooms, and deleting former Subdivs. (2) and (3) re smoking rooms, redesignated existing Subsec. (d) as Subsec. (c) and amended same to add reference to real property on which business facility is located.

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Sec. 31-40w. Breastfeeding in the workplace. (a) Any employee may, at her discretion, express breast milk or breastfeed on site at her workplace during her meal or break period.

(b) An employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where the employee can express her milk in private, and provided there is no undue hardship, such room or other location shall (1) be free from intrusion and shielded from the public while such employee expresses breast milk, (2) include or be situated near a refrigerator or employee-provided portable cold storage device in which the employee can store her breast milk, and (3) include access to an electrical outlet.

(c) An employer shall not discriminate against, discipline or take any adverse employment action against any employee because such employee has elected to exercise her rights under subsection (a) of this section.

(d) As used in this section, “employer” means a person engaged in business who has one or more employees, including the state and any political subdivision of the state; “employee” means any person engaged in service to an employer in the business of the employer; “reasonable efforts” means any effort that would not impose an undue hardship on the operation of the employer's business; and “undue hardship” means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources and the nature and structure of its operation.

(P.A. 01-182; P.A. 21-27, S. 1.)

History: P.A. 21-27 amended Subsec. (b) by adding Subdivs. (1) to (3) re requirements for room or other location where employee can express breast milk, provided there is no undue hardship.

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Sec. 31-40z. Penalizing employees for discussion or disclosure of wage information prohibited. Enforcement. (a) As used in this section:

(1) “Employer” means any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay;

(2) “Employee” means any individual employed or permitted to work by an employer;

(3) “Wages” means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis of calculation; and

(4) “Wage range” means the range of wages an employer anticipates relying on when setting wages for a position, and may include reference to any applicable pay scale, previously determined range of wages for the position, actual range of wages for those employees currently holding comparable positions or the employer's budgeted amount for the position.

(b) No employer shall:

(1) Prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily by such other employee;

(2) Prohibit an employee from inquiring about the wages of another employee of such employer;

(3) Require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily by such other employee;

(4) Require an employee to sign a waiver or other document that denies the employee his or her right to inquire about the wages of another employee of such employer;

(5) Inquire or direct a third party to inquire about a prospective employee's wage and salary history unless a prospective employee has voluntarily disclosed such information, except that this subdivision shall not apply to any actions taken by an employer, employment agency or employee or agent thereof pursuant to any federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes. Nothing in this section shall prohibit an employer from inquiring about other elements of a prospective employee's compensation structure, as long as such employer does not inquire about the value of the elements of such compensation structure;

(6) Discharge, discipline, discriminate against, retaliate against or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily by such other employee;

(7) Discharge, discipline, discriminate against, retaliate against or otherwise penalize any employee who inquires about the wages of another employee of such employer;

(8) Fail or refuse to provide an applicant for employment the wage range for a position for which the applicant is applying, upon the earliest of (A) the applicant's request, or (B) prior to or at the time the applicant is made an offer of compensation; or

(9) Fail or refuse to provide an employee the wage range for the employee's position upon (A) the hiring of the employee, (B) a change in the employee's position with the employer, or (C) the employee's first request for a wage range.

(c) Nothing in this section shall be construed to require any employer or employee to disclose the amount of wages paid to any employee.

(d) An action to redress a violation of subsection (b) of this section may be maintained in any court of competent jurisdiction by any one or more employees or prospective employees. An employer who violates subsection (b) of this section may be found liable for compensatory damages, attorney's fees and costs, punitive damages and such legal and equitable relief as the court deems just and proper.

(e) No action shall be brought for any violation of subsection (b) of this section except within two years after such violation.

(P.A. 15-196, S. 1; P.A. 18-8, S. 1; P.A. 21-30, S 1.)

History: P.A. 15-196 effective July 1, 2015; P.A. 18-8 amended Subsec. (b) to add new Subdiv. (5) re prohibiting employer from inquiring or directing third party to inquire about prospective employee's wage and salary history, redesignated existing Subdivs. (5) and (6) as Subdivs. (6) and (7), and amended Subsec. (d) to add reference to prospective employees, effective January 1, 2019; P.A. 21-30 amended Subsec. (a) by adding Subdiv. (4) defining “wage range” and amended Subsec. (b) by adding Subdivs. (8) and (9) prohibiting failure or refusal by employer to provide wage range.

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Sec. 31-40aa. Rehiring laid-off employees. Notice of available positions required. Offers of employment. Retaliatory personnel action prohibited. Private right of action. (a) As used in this section:

(1) “Building services enterprise” means a person providing janitorial, building maintenance or security services under contract to office, retail or other commercial or state buildings;

(2) “Compensation” means an employee's average weekly earnings for the twelve-month period immediately preceding the date of the employee's last day of active employment with an employer, including wages or salary, payments to an employee while on vacation or on leave, allocated or declared tip income, bonuses or commissions, contributions or premiums paid by the employer for fringe benefits, overtime or other premium payments and allowances for expenses, uniforms, travel or education;

(3) “Customary seasonal work” means work performed by an employee for approximately the same portion of each calendar year;

(4) “Employer” means any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, conducts an enterprise and employs or exercises control over the wages, hours or working conditions of any employee;

(5) “Employment site” means the principal physical place where a laid-off employee performed the predominance of the employee's duties prior to being laid off, or, in the case of a laid-off employee in building services or other industries where work is performed at locations other than the employer's administrative headquarters from which such assignments were made, any location served by such headquarters;

(6) “Enterprise” means a hotel, lodging house, food service contractor or building services enterprise, including such a business located at a publicly or privately operated highway service plaza, that employs fifteen or more employees. “Enterprise” does not include cruise line companies;

(7) “Food service” means the on-site preparation, service and cleanup of food or beverages;

(8) “Food service contract” means a contract for a term of not less than six months for the provision of food service that requires the food service contractor to provide all food service workers;

(9) “Food service contractor” means any person who enters into a food service contract to provide food service at any commercial, industrial, institutional or mixed-use business facility in the state in a single building or in contiguous buildings under common ownership or management or at any state building;

(10) “Hotel” has the same meaning as provided in section 12-407;

(11) “Laid-off employee” means any employee who was employed by the employer for six months or more in the twelve months preceding March 10, 2020, and whose most recent separation from active service or whose failure to be scheduled for customary seasonal work by that employer occurred after March 10, 2020, and before May 1, 2022, and was due to lack of business or a reduction or furlough of the employer's workforce due to the COVID-19 pandemic, and including executive orders issued pursuant to the COVID-19 public health emergency and the civil preparedness emergency declared by the Governor on March 10, 2020;

(12) “Length of service” means the total of all periods of time during which an employee has been in active service, including periods of time when the employee was on leave or on vacation;

(13) “Lodging house” has the same meaning as provided in section 12-407;

(14) “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality or any other legal or commercial entity, either domestic or foreign; and

(15) “COVID-19” means the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by said organization as a communicable respiratory disease.

(b) (1) Not later than thirty days after the layoff of an employee before May 1, 2022, an employer shall submit to the Labor Department an affidavit stating the reasons for the decision.

(2) Not later than five days after a job position becomes available at an employer, the employer shall notify each of its laid-off employees who are qualified for the position that the position is available. Such notification shall be sent in writing to the laid-off employee's last known physical address or electronic mail address, whichever is the usual and customary means of providing notices between the employer and employee, and in a text message to the employee's mobile phone if such phone number is maintained by the employer. Where more than one employee is qualified for an available position, the employer shall offer the position to the employee with the greatest length of service at the employment site. A laid-off employee is qualified for a position if the employee: (A) Held the same or similar position at the enterprise at the time of the employee's most recent separation from active service with the employer; or (B) is or can be qualified for the position with the same training that would be provided to a new employee hired for such position.

(c) An offer of employment to a laid-off employee pursuant to this section shall be at substantially the same employment site, subject to relocation as provided in subdivision (3) of subsection (g) of this section. If the laid-off employee held the same or similar position at the enterprise at the time of the employee's most recent separation from active service with the employer, such offer shall be in the same classification or job title and with substantially the same duties, compensation, benefits and working conditions as applied to the laid-off employee immediately prior to March 10, 2020.

(d) Any laid-off employee who is offered a position pursuant to this section shall be given not less than five days in which to accept or decline the offer. If the laid-off employee does not accept or reject the offer in the time provided by the employer, the offer shall be considered declined. If a laid-off employee declines an offer of a position, within the time period provided by the employer, due to underlying conditions related to contracting COVID-19 diagnosed on or before May 1, 2021, as evidenced by a medical note to the employer, such laid-off employee shall retain the right to accept an available position for which the employee is qualified pursuant to subdivision (2) of subsection (b) of this section, and shall retain all other rights under this section until both (1) the expiration of the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, and any extension of such emergency declarations, and (2) the laid-off employee is reoffered a position.

(e) Each employer that declines to rehire a laid-off employee on the grounds of lack of qualifications and instead hires an individual other than a laid-off employee shall provide to the laid-off employee a written notice not later than thirty days after the date such other individual is hired. Such notice shall include the reasons for such decision.

(f) A laid-off employee rehired pursuant to this section shall be permitted to work for not less than thirty work days, unless there is just cause for the employee's termination.

(g) The requirements of this section shall apply under any of the following circumstances:

(1) The form of organization of the employer changed after March 10, 2020;

(2) Substantially all of the assets of the employer were acquired by another entity that conducts the same or similar operations using substantially the same assets; or

(3) The employer relocates the operations at which a laid-off employee was employed prior to March 10, 2020, to a different employment site not greater than twenty-five miles away from the original employment site.

(h) No employer shall terminate, refuse to reemploy, reduce compensation or otherwise take any adverse action against any individual seeking to enforce his or her rights under this section or for participating in proceedings related to this section, opposing the violation of any provision of this section or otherwise asserting rights under this section.

(i) An employer that terminates, refuses to reemploy or takes any other adverse action against any laid-off employee shall provide to the employee, at or before the time of the termination, refusal to reemploy or other adverse action, a detailed written statement of the reason or reasons for the termination, refusal to reemploy or other adverse action, including all the facts substantiating the reason or reasons and all facts known to the employer that contradict the substantiating facts.

(j) (1) A laid-off employee aggrieved by a violation of any provision of this section may bring a civil action in the Superior Court.

(2) If the court finds that the employer has violated any provision of this section, the court may enjoin the employer from engaging in such violation and may order such affirmative action as the court deems appropriate, including the reinstatement or rehiring of the laid-off employee, with or without back pay and fringe benefits, or other equitable relief as the court deems appropriate. Interim earnings or amounts earnable with reasonable diligence by the laid-off employee who was subjected to the violation shall be deducted from the back pay permitted under this subdivision and any reasonable amounts expended by the laid-off employee in searching for, obtaining or relocating to new employment shall be deducted from the interim earnings before such earnings are deducted from such back pay. The court may order compensatory and punitive damages if the court finds that the employer committed the violation with malice or with reckless indifference to the provisions of this section. Any laid-off employee who prevails in a civil action shall be awarded reasonable attorney's fees and costs to be taxed by the court.

(k) The provisions of this section shall apply to each laid-off employee, whether or not such laid-off employee is represented for purposes of collective bargaining or is covered by a collective bargaining agreement, and may be waived in a bona fide collective bargaining agreement but only if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute or be permitted as a waiver of all or any part of the provisions of this section. Nothing in this section shall be construed to invalidate or limit the rights, remedies and procedures of any contract or agreement that provides equal or greater protection for laid-off employees than provided by this section and it shall not be a violation of this section for an employer to follow an order of preference for rehiring laid-off employees required by a collective bargaining agreement that is different from the order of preference required by this section.

(P.A. 21-189, S. 1.)

History: P.A. 21-189 effective July 13, 2021 (Revisor's note: In Subsec. (c), a reference to Subsec. (g)(4) was changed editorially by the Revisors to Subsec. (g)(3) for accuracy).

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Sec. 31-40bb. Access to public employee orientations and information by exclusive bargaining representative. Right to use electronic mail system, buildings and other facilities. Payroll deductions. Dispute proceedings. Prohibited practices. (a) Except as otherwise provided in this section, a public employer shall provide an exclusive representative, in an editable digital file format, and, if possible, in a format agreed to by the exclusive representative, the following information if on file with the employer: Name, job title, department, work location, work telephone number and the home address of any newly hired employee. The public employer shall provide the exclusive representative such information, if possible, with real-time electronic transmission of new hire data but in no event later than ten days after such employee is hired or the first pay period of the month following the hiring of such employee, whichever is earlier. For purposes of this section, (1) “public employer” means (A) “employer”, as defined in section 5-270, (B) “municipal employer”, as defined in section 7-467, and (C) local and regional boards of education, (2) “public employee organization” means any lawful association, labor organization, federation or council having as a primary purpose the improvement of wages, hours and other conditions of employment among employees of public employers, and (3) “exclusive representative” means the public employee organization certified or recognized in accordance with state law to be the exclusive bargaining representative of a public employer bargaining unit.

(b) (1) Each public employer shall provide the exclusive representative access to its new employee orientations. The public employer shall give the exclusive representative not less than ten days' written or electronic notice in advance of such an orientation, except a shorter notice may be provided in any instance where there is an urgent need critical to the public employer's operations that prevents the ten days' notice. The exclusive representative shall provide to the public employer, on or before January thirty-first of each year, the physical and electronic address to which such notice shall be sent annually. The structure, time and manner of such exclusive representative's access shall be determined through mutual agreement between the parties, subject to the provisions of this subsection.

(2) Upon request of the public employer or the exclusive representative, the parties shall negotiate regarding the structure, time and manner of access by the exclusive representative to a new employee orientation. Failure to reach agreement on such structure, time and manner of such access shall be subject to compulsory interest arbitration pursuant to this subsection.

(3) When negotiating access regarding a new employee orientation pursuant to subdivision (2) of this subsection, if a dispute has not been resolved within forty-five days after the first meeting of the parties or within sixty days after the initial request to negotiate was made, whichever is earlier, either party may make a demand for compulsory interest arbitration. If such a demand is made, the applicable arbitration procedure prescribed pursuant to the general statutes shall apply, except that the factors considered by the arbitrator shall be: (A) The ability of the exclusive representative to communicate with the public employees it represents, (B) the legal obligations of the exclusive representative to such public employees, (C) state, federal and local laws that are applicable to the employer and the employees, (D) stipulations of the parties, (E) the interests and welfare of the public and the financial condition and day-to-day operations of similarly situated public agencies, (F) the structure, time and manner of access of the exclusive representative to a new employee orientation for comparable public employers, including, but not limited to, access provisions in other memoranda of understanding or collective bargaining agreements containing such provisions, (G) the public employee organization's need to meaningfully communicate through cost-effective and efficient means with the public employees it represents, and (H) any other factors that are normally or traditionally taken into consideration in establishing the structure, time and manner of access of the exclusive representative to a new employee orientation.

(c) A public employer shall provide the exclusive representative access to the public employees that such exclusive representative represents. Such access includes, but shall not be limited to: (1) The right to meet with individual employees on the premises of the public employer during the workday to investigate and discuss grievances, workplace-related complaints and other workplace issues, (2) the right to conduct worksite meetings during meal periods and during other paid or unpaid breaks, and before and after the workday, on the employer's premises, and (3) the right to meet with newly hired employees within the bargaining unit, without charge to the pay or leave time of the employees, for not less than thirty minutes nor more than one hundred twenty minutes, within thirty calendar days after the date of hire, during new employee orientations, or if the public employer does not conduct new employee orientation, at individual or group meetings.

(d) In addition to any public employee organization's right to employee information pursuant to the laws of this state or any applicable collective bargaining agreement, beginning on January 1, 2022, every one hundred twenty calendar days, unless more frequent or more detailed lists are required by agreement between the parties, a public employer shall provide the exclusive representative, in an editable digital file format agreed to by the exclusive representative, the following information: Each bargaining unit employee's name, job title, worksite location, work telephone number, date of hire, work electronic mail address, home address and, if authorized by the employee via written authorization provided to the exclusive representative, the employee's home telephone number, personal cellular mobile telephone number and personal electronic mail address if on file with the public employer. Any written authorization required under this subsection may be revoked by the employee at any time and such authorization or revocation shall be provided to the exclusive representative at either the physical or electronic address provided by such representative pursuant to subdivision (1) of subsection (b) of this section.

(e) The exclusive representative shall have the right to use the electronic mail systems of public employers to communicate with bargaining unit members regarding collective bargaining, the administration of collective bargaining agreements, the investigation of grievances, other workplace-related complaints and issues, and internal matters involving the governance or business of the public employee organization. The provisions of this subsection shall not limit the rights of a public employee organization to communicate with public employees.

(f) Consistent with the provisions of subsection (c) of this section, the exclusive representative shall have the right to use state and municipal government buildings and other facilities that are owned or leased by public employers to conduct meetings with bargaining unit members. An exclusive representative shall have the right to hold such meetings at a reasonable time and place, provided the meetings do not interfere with the public employer's operations. An exclusive representative shall have the right to conduct such meetings without undue interference and may place reasonable restrictions on the conduct of an individual attending such meetings.

(g) The requirements set forth in this section establish the minimum requirements for access to and communication with bargaining unit employees by the exclusive representative and shall not prevent a public employer from granting the exclusive representative greater access to or communication with public employees.

(h) Employees, including retired employees, of a public employer may authorize deductions to be made from their salaries, wages or retirement allowances for the payment of dues to, or for any other service, program or committee provided or sponsored by, any public employee organization.

(i) A public employer shall honor employee authorizations created or adopted by a public employee organization for the deductions described in subsection (h) of this section in any form that satisfies the requirements of sections 1-266 to 1-286, inclusive, including, but not limited to, electronic and voice authorizations that meet the requirements of an electronic signature pursuant to said sections. The revocability of an authorization shall be determined by the terms of the authorization.

(j) Public employers that provide for the administration of payroll deductions authorized by employees for public employee organizations shall: (1) Rely on a certification from any public employee organization requesting a deduction or reduction that such organization has and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. A public employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the public employer unless a dispute arises about the existence or terms of the authorization. The public employee organization shall indemnify the public employer for any claims made by the employee for deductions made in reliance on that certification; and (2) direct employee requests to cancel or change deductions for public employee organizations to the employee organization, rather than to the public employer. The public employer shall rely on information provided by the public employee organization regarding whether deductions for the employee organization were properly canceled or changed, and the employee organization shall indemnify the public employer for any claims made by the employee for deductions made in reliance on such information. Deductions may be revoked only pursuant to the terms of an employee's written authorization.

(k) A public employee organization or public employer shall only be liable for any amounts improperly deducted pursuant to this section. No further damages or penalties shall be awarded by any public agency or court.

(l) Notwithstanding any other provision of this section, a public employer shall be liable to a public employee organization, without recourse to the employees, for the full amount of dues that such employer fails to remit to the public employee organization, provided the public employee organization has complied with the provisions of this section. The failure of an employer to comply with the provisions of this section shall be a violation of the duty to bargain and an unfair labor practice. The provisions of a collective bargaining agreement that contain the obligations set forth in this section may be enforced in accordance with the provisions of this section.

(m) If a dispute arises between the employee and the public employee organization regarding the existence, validity or revocation of a payroll deduction authorization, the dispute shall be resolved through a proceeding pursuant to sections 5-274, 7-471 and 10-153e, as applicable, to resolve a question of a prohibited practice.

(n) A public employer shall not deter or discourage public employees or applicants for public employee positions from becoming or remaining members of a public employee organization, or from authorizing representation by a public employee organization, or from authorizing dues or deductions to a public employee organization.

(o) It shall be a prohibited practice for a public employer to: (1) Encourage an employee to resign or decline to obtain membership in a public employee organization, (2) encourage an employee to revoke authorization for a payroll deduction of dues to a public employee organization, (3) knowingly aid any such effort by any other entity, or (4) permit use of the employer's electronic mail system by any entity to discourage membership in a public employee organization or discourage authorization of payroll deduction of dues to a public employee organization.

(P.A. 21-25, S. 1.)

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Sec. 31-49g. Establishment and administration of Paid Family and Medical Leave Insurance Program. Employee contributions. Authority duties. Payments. Compensation. Spouses. Concurrent compensation. Reimbursement to General Fund. (a) The Paid Family and Medical Leave Insurance Authority shall establish and administer the Paid Family and Medical Leave Insurance Program to provide up to twelve weeks of family and medical leave compensation to covered employees during any twelve-month period, as well as two additional weeks of compensation to a covered employee for a serious health condition resulting in incapacitation that occurs during a pregnancy.

(b) (1) Beginning on January 1, 2021, but not later than February 1, 2021, each employee and each self-employed individual or sole proprietor who has enrolled in the program pursuant to section 31-49m shall contribute a percentage of his or her subject earnings that shall not exceed the Social Security contribution and benefit base, as determined pursuant to 42 USC 430, as amended from time to time, to the Family and Medical Leave Insurance Trust Fund. Such percentage shall be established by the authority, provided that the percentage shall not exceed one-half of one per cent.

(2) On September 1, 2022, and on each September first thereafter, the authority shall publish the following information: (A) The total amount of contributions collected and benefits paid during the previous fiscal year, as well as the total amount required for the administration of the Family and Medical Leave Insurance Program in such year; (B) the total amount remaining in the trust fund at the close of such fiscal year; (C) in light of such totals, and of expected future expenditures and contributions, a target fund balance sufficient to ensure the ongoing ability of the fund to pay the compensation described in subdivision (2) of subsection (c) of this section, and to limit the need for contribution rate increases or benefit reductions due to changing economic conditions; (D) the amount by which the total amount remaining in the trust fund at the close of the previous fiscal year is less than or greater than that target fund balance. On November 1, 2022, and on each November first thereafter, the authority may announce a revision to the previously established contribution rate, provided the revised rate shall not exceed one-half of one per cent and shall be sufficient to ensure that the trust fund shall achieve and maintain such target fund balance. Effective on January first of the calendar year following each such announcement, the revised contribution rate announced by the authority under this subsection shall supersede the previously established contribution rate.

(3) Each employer making payment of any wages to an employee shall deduct and withhold from such wages for each payroll period a contribution computed in such manner as to result, so far as practicable, in withholding from the employee's wages during each calendar year an amount substantially equivalent to the contribution reasonably estimated to be due from the employee under this subsection with respect to the amount of such wages during the calendar year.

(4) If, after notice, an employee or employer or self-employed individual or sole proprietor who has enrolled in the program pursuant to section 31-49m fails to make a payment required by this section, a state collection agency, as defined in section 12-35, shall collect such contribution and interest by any means provided in sections 12-35, 31-265 and 31-266.

(c) (1) Beginning on January 1, 2022, but not later than February 1, 2022, covered employees shall receive compensation under this section for up to twelve weeks of leave in any twelve-month period taken for one or more of the reasons listed in subdivision (2) of subsection (a) of section 31-51ll or subsection (i) of said section or section 31-51ss, as well as for two additional weeks for a serious health condition resulting in incapacitation that occurs during a pregnancy, if such covered employee (A) provides notice to the authority, and such covered employee's employer, if applicable, of the need for such compensation in a form and manner prescribed by the authority, and (B) upon the request of the authority, provides certification of such covered employee's need for leave and therefore compensation in the manner provided for in section 31-51mm to the authority and such employer, if applicable. Covered employees who are not currently employed or have enrolled in the program pursuant to section 31-49m shall receive compensation in like circumstances. Should the authority determine that it is administratively feasible and prudent, the program may begin providing compensation for leave taken for reasons listed in subparagraphs (A) and (B) of subdivision (2) of subsection (a) of section 31-51ll prior to offering compensation for leave taken for the other reasons listed in subdivision (2) of subsection (a) of section 31-51ll or the reasons listed in subsection (i) of said section or section 31-51ss.

(2) The weekly compensation offered to covered employees shall be equal to ninety-five per cent of the covered employee's base weekly earnings up to an amount equal to forty times the minimum fair wage, as defined in section 31-58, and sixty per cent of that covered employee's base weekly earnings above an amount equal to forty times the minimum fair wage, except that the total weekly compensation shall not exceed an amount equal to sixty times the minimum fair wage. Compensation shall be available on a prorated basis.

(3) Notwithstanding subdivision (2) of this subsection, if employee contributions are the maximum percentage allowed and the authority determines that employee contributions are not sufficient to ensure solvency of the program, the authority shall reduce the benefit for covered employees by the minimum amount necessary in order to ensure the solvency of the program.

(4) If a covered worker elects to have income tax deducted and withheld from his or her compensation, the amount specified shall be deducted and withheld in a manner consistent with state law.

(d) Notwithstanding subsection (g) of section 31-51ll, two spouses employed by the same employer shall each be eligible for up to twelve weeks of compensation under this section in any twelve-month period. Such eligibility for compensation shall not increase their eligibility for job-protected leave beyond the number of weeks specified in said subsection.

(e) A covered employee may receive compensation under this section for nonconsecutive hours of leave.

(f) A covered employee may receive compensation under this section concurrently with any employer-provided employment benefits, provided the total compensation of such covered employee during such period of leave shall not exceed such covered employee's regular rate of compensation.

(g) No covered employee shall receive compensation under this section concurrently with compensation under chapter 567 or 568 or any other state or federal program that provides wage replacement.

(h) (1) Any moneys expended from the General Fund for the purpose of administering the Family and Medical Leave Insurance Program, or providing compensation to covered employees, shall be reimbursed to the General Fund not later than October 1, 2022.

(2) Any moneys expended from any bond authorizations allocated to the authority for the purpose of administering the Family and Medical Leave Insurance Program shall be reimbursed to the General Fund according to a plan to be established by the Secretary of the Office of Policy and Management, in consultation with the State Treasurer. Such plan shall provide for a repayment schedule that provides for repayment by the authority of the debt service deemed attributable to such bond authorizations. Such repayment shall commence during the fiscal year ending June 30, 2023, and shall continue until repayment is complete, according to the terms of the plan. The authority may repay unpaid amounts earlier than the plan established by the secretary.

(P.A. 19-25, S. 3; June Sp. Sess. P.A. 21-2, S. 7.)

History: P.A. 19-25 effective June 25, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (h) to designate existing provision as Subdiv. (1) and to add Subdiv. (2) re reimbursement to General Fund of moneys expended from bond authorizations and plan for repayment of debt service attributable to bond authorizations, effective June 23, 2021.

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Sec. 31-49p. Covered employees. Denial of compensation. Penalty. Appeals filed with Labor Commissioner. Court appeals. (a) Any covered employee aggrieved by a denial of compensation under the Family and Medical Leave Insurance Program or any person aggrieved by the imposition of a penalty imposed pursuant to section 31-49r may file an appeal with the Labor Commissioner not more than twenty-one calendar days after issuance of the denial or penalty decision, unless good cause exists for the late filing.

(b) Upon receipt of any such appeal, the commissioner, or the commissioner's designee, shall decide the appeal based upon the file record, except that the commissioner or designee may do one or both of the following: (1) Supplement the file record, or (2) conduct a hearing. For purposes of this section, “file record” means any documents submitted to the Paid Family and Medical Leave Insurance Authority or to the private plan administrator, any documents relied upon by the authority or the private plan administrator in making its determination, and any other documents the commissioner or designee deems necessary to dispose of the appeal. The commissioner or designee may require the attendance of witnesses and the production of documents in connection with the appeal, and may issue subpoenas. The Labor Department shall adopt regulations, in accordance with the provisions of chapter 54, concerning the rules of procedure for the disposition of appeals filed under the provisions of this section.

(c) After determination of the appeal, the commissioner or designee shall send each party a written copy of the decision. The commissioner or designee may award the covered employee or person all appropriate relief, including any compensation or benefits to which the employee otherwise would have been eligible if such denial had not occurred. Any party aggrieved by the decision of the commissioner or designee may appeal the decision to the superior court for the judicial district of Hartford or for the judicial district in which the appellant resides, not later than thirty days after issuance of the decision.

(P.A. 19-25, S. 12; June Sp. Sess. P.A. 21-2, S. 275.)

History: P.A. 19-25 effective June 25, 2019; June Sp. Sess. P.A. 21-2 added Subsec. designators (a) to (c), replaced references to complaint with references to appeal, amended Subsec. (a) to add deadline for filing appeal, amended Subsec. (b) to replace requirement to hold hearing with provisions re commissioner's or commissioner's designee's authority to decide appeal based on file record, add Subdivs. (1) and (2) and definition of “file record”, and add provisions re powers of commissioner or designee and requirement to adopt regulations, and amended Subsec. (c) to replace “hearing” with “determination of the appeal”, add references to designee, replace reference to Superior Court with reference to superior court for judicial district of Hartford or where appellant resides and add deadline for appealing to court, effective June 23, 2021.

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(b) No employer shall inquire about a prospective employee's prior arrests, criminal charges or convictions on an initial employment application, unless (1) the employer is required to do so by an applicable state or federal law, or (2) a security or fidelity bond or an equivalent bond is required for the position for which the prospective employee is seeking employment.

(c) No employer or employer's agent, representative or designee may require an employee or prospective employee to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a.

(d) An employment application form that contains any question concerning the criminal history of the applicant shall contain a notice, in clear and conspicuous language: (1) That the applicant is not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a, (2) that criminal records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon, and (3) that any person whose criminal records have been erased pursuant to section 46b-146, 54-76o or 54-142a shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

(e) No employer or employer's agent, representative or designee shall deny employment to a prospective employee solely on the basis that the prospective employee had a prior arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a or that the prospective employee had a prior conviction for which the prospective employee has received a provisional pardon or certificate of rehabilitation pursuant to section 54-130a, or a certificate of rehabilitation pursuant to section 54-108f.

(f) No employer or employer's agent, representative or designee shall discharge, or cause to be discharged, or in any manner discriminate against, any employee solely on the basis that the employee had, prior to being employed by such employer, an arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a or that the employee had, prior to being employed by such employer, a prior conviction for which the employee has received a provisional pardon or certificate of rehabilitation pursuant to section 54-130a, or a certificate of rehabilitation pursuant to section 54-108f.

(g) The portion of an employment application form that contains information concerning the criminal history record of an applicant or employee shall only be available to the members of the personnel department of the company, firm or corporation or, if the company, firm or corporation does not have a personnel department, the person in charge of employment, and to any employee or member of the company, firm or corporation, or an agent of such employee or member, involved in the interviewing of the applicant.

(h) Notwithstanding the provisions of subsection (g) of this section, the portion of an employment application form that contains information concerning the criminal history record of an applicant or employee may be made available as necessary to persons other than those specified in said subsection (g) by:

(1) A broker-dealer or investment adviser registered under chapter 672a in connection with (A) the possible or actual filing of, or the collection or retention of information contained in, a form U-4 Uniform Application for Securities Industry Registration or Transfer, (B) the compliance responsibilities of such broker-dealer or investment adviser under state or federal law, or (C) the applicable rules of self-regulatory organizations promulgated in accordance with federal law;

(2) An insured depository institution in connection with (A) the management of risks related to safety and soundness, security or privacy of such institution, (B) any waiver that may possibly or actually be sought by such institution pursuant to section 19 of the Federal Deposit Insurance Act, 12 USC 1829(a), (C) the possible or actual obtaining by such institution of any security or fidelity bond, or (D) the compliance responsibilities of such institution under state or federal law; and

(3) An insurance producer licensed under chapter 701a in connection with (A) the management of risks related to security or privacy of such insurance producer, or (B) the compliance responsibilities of such insurance producer under state or federal law.

(i) (1) For the purposes of this subsection: (A) “Consumer reporting agency” means any person who regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a fee, which reports compile and report items of information on consumers that are matters of public record and are likely to have an adverse effect on a consumer's ability to obtain employment, but does not include any public agency; (B) “consumer report” means any written, oral or other communication of information bearing on an individual's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living; and (C) “criminal matters of public record” means information obtained from the Judicial Department relating to arrests, indictments, convictions, outstanding judgments, and any other conviction information, as defined in section 54-142g.

(2) Each consumer reporting agency that issues a consumer report that is used or is expected to be used for employment purposes and that includes in such report criminal matters of public record concerning the consumer shall:

(A) At the time the consumer reporting agency issues such consumer report to a person other than the consumer who is the subject of the report, provide the consumer who is the subject of the consumer report (i) notice that the consumer reporting agency is reporting criminal matters of public record, and (ii) the name and address of the person to whom such consumer report is being issued;

(B) Maintain procedures designed to ensure that any criminal matter of public record reported is complete and up-to-date as of the date the consumer report is issued, which procedures shall, at a minimum, conform to the requirements set forth in section 54-142e.

(3) This subsection shall not apply in the case of an agency or department of the United States government seeking to obtain and use a consumer report for employment purposes if the head of the agency or department makes a written finding pursuant to 15 USC 1681b(b)(4)(A).

(j) An employee or prospective employee may file a complaint with the Labor Commissioner alleging an employer's violation of this section.

(1969, P.A. 679; P.A. 02-136, S. 2; P.A. 03-203, S. 3; P.A. 06-187, S. 87; P.A. 07-243, S. 1; Jan. Sp. Sess. P.A. 08-1, S. 35; P.A. 08-53, S. 1; P.A. 14-27, S. 5, 9; P.A. 16-83, S. 1.)

*Note: On and after January 1, 2023, this section, as amended by section 15 of public act 21-32, is to read as follows:

“Sec. 31-51i. Employer inquiries about erased criminal record prohibited. Discrimination on basis of erased criminal record, provisional pardon or certificate of rehabilitation prohibited. Availability of information on employment application form. Duties of consumer reporting agency issuing consumer report for employment purposes containing criminal matters of public record. Complaints. (a) For the purposes of this section, “employer” means employer, as defined in section 46a-80a.

(c) No employer or employer's agent, representative or designee may require an employee or prospective employee to disclose the existence of erased criminal history record information, as defined in section 46a-80a.

(d) An employment application form that contains any question concerning the criminal history of the applicant shall contain a notice, in clear and conspicuous language: (1) That the applicant is not required to disclose the existence of any erased criminal history record information, (2) that erased criminal history record information are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon or criminal records that are erased pursuant to statute or by other operation of law, and (3) that any person with erased criminal history record information shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

(e) No employer or employer's agent, representative or designee shall deny employment to a prospective employee solely on the basis that the prospective employee has erased criminal history record information or that the prospective employee had a prior conviction for which the prospective employee has received a provisional pardon or certificate of rehabilitation pursuant to section 54-130a, or a certificate of rehabilitation pursuant to section 54-108f.

(f) No employer or employer's agent, representative or designee shall discharge, or cause to be discharged, or in any manner discriminate against, any employee solely on the basis that the employee has erased criminal history record information or that the employee had, prior to being employed by such employer, a prior conviction for which the employee has received a provisional pardon or certificate of rehabilitation pursuant to section 54-130a, or a certificate of rehabilitation pursuant to section 54-108f.

(i) (1) For the purposes of this subsection: (A) “Consumer reporting agency” means any person who regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a fee, which reports compile and report items of information on consumers that are matters of public record and are likely to have an adverse effect on a consumer's ability to obtain employment, but does not include any public agency; (B) “consumer report” means any written, oral or other communication of information bearing on an individual's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living; and (C) “criminal matters of public record” means information obtained from the Judicial Department or any criminal justice agency, as defined in section 54-142g, relating to arrests, indictments, convictions, outstanding judgments and any other conviction information, as defined in section 54-142g.

(j) An employee or prospective employee may file a complaint with the Labor Commissioner alleging an employer's violation of subsection (a), (c), (g), (h) or (i) of this section. For any alleged violation by an employer of subsection (b), (d), (e) or (f) of this section, an employee or prospective employee may file a complaint with the Commission on Human Rights and Opportunities pursuant to section 46a-82 or may bring an action in the Superior Court against the employer for violating this section for declaratory or injunctive relief, damages or any other remedy available under law, at the sole election of the employee or prospective employee.”

(1969, P.A. 679; P.A. 02-136, S. 2; P.A. 03-203, S. 3; P.A. 06-187, S. 87; P.A. 07-243, S. 1; Jan. Sp. Sess. P.A. 08-1, S. 35; P.A. 08-53, S. 1; P.A. 14-27, S. 5, 9; P.A. 16-83, S. 1; P.A. 21-32, S. 15.)

History: P.A. 02-136 added new Subsecs. (a) to (e) to define “employer”, to prohibit employers from requiring disclosure by applicants or employees of erased criminal records, to require notice on employment application forms advising applicants that they are not required to disclose erased criminal records, to prohibit the denial of employment solely on the basis of an erased criminal record and to prohibit discharge or discrimination against an employee solely on the basis that the employee had criminal records erased prior to the employment, respectively, designated existing provisions as Subsec. (f) and amended said Subsec. by replacing “a job application form” with “an employment application form”, replacing “arrest record of a job applicant” with “criminal history record of an applicant or employee”, deleting former provisions re availability of arrest records and adding provisions re availability of employment application forms containing criminal history records; P.A. 03-203 added Subsec. (g) re exceptions to confidentiality of criminal history record portion of employment application, effective July 9, 2003; P.A. 06-187 amended Subsec. (d) to prohibit denial of employment solely on the basis that prospective employee had a prior conviction for which the prospective employee has received a provisional pardon pursuant to Sec. 54-130a and amended Subsec. (e) to prohibit discrimination against any employee solely on the basis that employee had, prior to being employed by such employer, a prior conviction for which the employee has received a provisional pardon pursuant to Sec. 54-130a; P.A. 07-243 added Subsec. (h) re duties of consumer reporting agency issuing consumer report used for employment purposes that includes criminal matters of public record, effective February 1, 2008; Jan. Sp. Sess. P.A. 08-1 changed effective date of P.A. 07-243, S. 1, from February 1, 2008, to May 1, 2008, effective January 25, 2008; P.A. 08-53 amended Subsec. (h) to delete erased records and pardons in definition of “criminal matters of public record” in Subdiv. (1)(C), to delete former Subdiv. (2)(B) re access to information on Judicial Department's Internet web site, to redesignate existing Subdiv. (2)(C) as new Subdiv. (2)(B) and to amend same to require procedures that, at a minimum, conform to requirements in Sec. 54-142e, effective May 1, 2008; P.A. 14-27 made a technical change in Subsec. (b) and amended Subsecs. (d) and (e) to add references to certificate of rehabilitation pursuant to Sec. 54-130a or 54-108f; P.A. 16-83 added new Subsec. (b) re inquiry re prospective employee's prior arrests, criminal charges or convictions, redesignated existing Subsecs. (b) to (h) as Subsecs. (c) to (i), added Subsec. (j) re filing complaint, and made technical and conforming changes, effective January 1, 2017; P.A. 21-32 amended Subsec. (a) by redefining “employer”, replaced references to records erased pursuant to Secs. 46b-146, 54-76o or 54-142a with references to erased criminal history record information in Subsecs. (c) to (f) and (i), further amended Subsec. (d) by adding reference to criminal records erased pursuant to statute or by other operation of law in Subdiv. (2), further amended Subsec. (i) by adding reference to criminal justice agency in Subdiv. (1)(C), and amended Subsec. (j) by adding reference to Subsec. (a), (c), (g), (h) or (i) re complaint filed with Labor Commissioner and adding provision re complaint filed with Commission on Human Rights and Opportunities, effective January 1, 2023.

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Sec. 31-51kk. Family and medical leave: Definitions. As used in sections 31-51kk to 31-51qq, inclusive:

(1) “Eligible employee” means an employee who has been employed for at least three months immediately preceding his or her request for leave by the employer with respect to whom leave is requested;

(2) “Employ” includes to allow or permit to work;

(3) “Employee” means any person engaged in service to an employer in this state in the business of the employer;

(4) “Employer” means a person engaged in any activity, enterprise or business who employs one or more employees, and includes any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer and any successor in interest of an employer. “Employer” does not include a municipality, a local or regional board of education, or a nonpublic elementary or secondary school;

(5) “Employment benefits” means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits and pensions, regardless of whether such benefits are provided by practice or written policy of an employer or through an “employee benefit plan”, as defined in Section 1002(3) of Title 29 of the United States Code;

(6) “Family member” means a spouse, sibling, son or daughter, grandparent, grandchild or parent, or an individual related to the employee by blood or affinity whose close association the employee shows to be the equivalent of those family relationships;

(7) “Grandchild” means a grandchild related to a person by (A) blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) foster care by a child of the grandparent;

(8) “Grandparent” means a grandparent related to a person by (A) blood, (B) marriage, (C) adoption of a minor child by a child of the grandparent, or (D) foster care by a child of the grandparent;

(9) “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 health care provider 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 health care provider as defined 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 determines, performing within the scope of the authorized practice. The commissioner may utilize any determinations made pursuant to chapter 568;

(10) “Parent” means a biological parent, foster parent, adoptive parent, stepparent, parent-in-law or legal guardian of an eligible employee or an eligible employee's spouse, an individual standing in loco parentis to an eligible employee, or an individual who stood in loco parentis to the eligible employee when the employee was a child;

(11) “Person” means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives or organized groups of persons;

(12) “Reduced leave schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee;

(13) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in a hospital, hospice, nursing home or residential medical care facility; or (B) continuing treatment, including outpatient treatment, by a health care provider;

(14) “Sibling” means a brother or sister related to a person by (A) blood, (B) marriage, (C) adoption by a parent of the person, or (D) foster care placement;

(15) “Son or daughter” means a biological, adopted or foster child, stepchild, legal ward, or, in the alternative, a child of a person standing in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a child; and

(16) “Spouse” means a person to whom one is legally married.

(P.A. 96-140, S. 1, 10; P.A. 06-102, S. 12; P.A. 19-25, S. 17; June Sp. Sess. P.A. 21-2, S. 277, 278.)

History: P.A. 96-140 effective January 1, 1997; P.A. 06-102 redefined “son or daughter” to substitute “or, in the alternative, a child” for “or a child”; P.A. 19-25 amended Subdiv. (1) by redefining “eligible employee”, amended Subdiv. (3) by redefining “employee”, amended Subdiv. (4) by redefining “employer”, added new Subdiv. (6) defining “family member”, added new Subdiv. (7) defining “grandchild”, added new Subdiv. (8) defining “grandparent”, redesignated Subdivs. (6) to (10) as Subdivs. (9) to (13), amended redesignated Subdiv. (10) by redefining “parent”, added new Subdiv. (14) defining “sibling”, redesignated Subdivs. (11) and (12) as Subdivs. (15) and (16), amended redesignated Subdiv. (15) by redefining “son or daughter”, and amended redesignated Subdiv. (16) by redefining “spouse”, effective January 1, 2022; June Sp. Sess. P.A. 21-2 amended Subdiv. (4) by redefining “employer”, effective June 23, 2021.

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Sec. 31-51pp. Family and medical leave: Prohibited acts, complaints, rights and remedies. (a)(1) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, inclusive, for any employer to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right provided under said sections.

(2) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, inclusive, for any employer to discharge or cause to be discharged, or in any other manner discriminate, against any individual for opposing any practice made unlawful by said sections or because such employee has exercised the rights afforded to such employee under said sections.

(b) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, inclusive, for any person to discharge or cause to be discharged, or in any other manner discriminate, against any individual because such individual:

(1) Has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to sections 5-248a and 31-51kk to 31-51qq, inclusive;

(2) Has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under said sections; or

(3) Has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under said sections.

(c) It shall be a violation of sections 31-51kk to 31-51qq, inclusive, for any employer to deny an employee the right to use up to two weeks of accumulated sick leave or to discharge, threaten to discharge, demote, suspend or in any manner discriminate against an employee for using, or attempting to exercise the right to use, up to two weeks of accumulated sick leave to attend to a serious health condition of a family member of the employee, or for the birth or adoption of a son or daughter of the employee. For purposes of this subsection, “sick leave” means an absence from work for which compensation is provided through an employer's bona fide written policy providing compensation for loss of wages occasioned by illness, but does not include absences from work for which compensation is provided through an employer's plan, including, but not limited to, a short or long-term disability plan, whether or not such plan is self-insured.

(d) (1) Any employee aggrieved by a violation of this section may file a complaint with the Labor Commissioner alleging violation of the provisions of this section within one hundred eighty calendar days of the employer action that prompted the complaint, unless good cause exists for the late filing. Upon receipt of any such complaint, the commissioner, or the commissioner's designee, shall conduct an investigation and make a finding regarding jurisdiction and whether a violation of this section has occurred.

(2) If the commissioner or designee finds the Labor Department has no jurisdiction or that no violation of this section has occurred, the commissioner or designee shall dismiss the complaint and issue a release of jurisdiction allowing the complainant to bring a civil action in the Superior Court. Any action brought by the complainant in accordance with this subdivision shall be brought not later than ninety calendar days after the date of the release of the decision from the commissioner or designee. The employee may be awarded all appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if a violation of this subsection had not occurred.

(3) If the commissioner or designee finds that the Labor Department has jurisdiction and that a violation of this section has occurred, the commissioner or designee may, in the commissioner's or designee's sole discretion, require the parties to participate in a mandatory settlement conference and, in the absence of a settlement, a hearing officer designated by the commissioner or designee shall hold a hearing and render a final decision.

(4) The designated hearing officer may award the employee all appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if a violation of this section had not occurred. Any party aggrieved by the decision of the designated hearing officer may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.

(e) Any employee aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against the employer within one hundred eighty calendar days of the employer action alleged to be in violation of this section. Such action may be brought by an employee without first filing an administrative complaint.

(f) The rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other provisions of law.

(P.A. 96-140, S. 6, 10; P.A. 03-213, S. 1; P.A. 19-25, S. 21; June Sp. Sess. P.A. 21-2, S. 279, 280.)

History: P.A. 96-140 effective January 1, 1997; P.A. 03-213 added new Subsec. (c) re rights relative to use of sick leave during family and medical leave and complaint and remedial procedures for violation of such rights; P.A. 19-25 amended Subsec. (c)(1) by substituting “family member” for “son or daughter, spouse or parent”, effective January 1, 2022; June Sp. Sess. P.A. 21-2 amended Subsec. (c) to delete former Subdiv. (1) designator and redesignate existing Subdiv. (2) as Subsec. (d)(1) and (d)(4) and existing Subdiv. (3) as Subsec. (f), amended redesignated Subsec. (d)(1) to change “subsection “ to “section”, add deadline for filing complaint, add reference to designee, and replace provision re hearing and decision with provision re investigation and finding, added Subsec. (d)(2) re dismissal, release of jurisdiction and remedies, added Subsec. (d)(3) re mandatory settlement conference and hearing, amended redesignated Subsec. (d)(4) to change “commissioner” to “designated hearing officer” and “subsection” to “section”, added Subsec. (e) re civil action and amended redesignated Subsec. (f) to change “subsection” to “section”, effective June 23, 2021.

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Sec. 31-51qq. Family and medical leave: Regulations. Not later than January 1, 2022, the Labor Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish procedures and guidelines necessary to implement the provisions of sections 31-51kk to 31-51qq, inclusive, including, but not limited to: (1) Guidelines regarding factors to be considered when determining whether an individual's close association with an employee is the equivalent of a family member's, and (2) procedures for hearings and redress, including restoration and restitution.

(P.A. 96-140, S. 7, 10; P.A. 13-140, S. 4; P.A. 19-25, S. 22; June Sp. Sess. P.A. 21-2, S. 281.)

History: P.A. 96-140 effective January 1, 1997; P.A. 13-140 deleted provision re regulations to include procedures for employers to report their current experience with leaves of absence taken pursuant to Secs. 5-248a and 31-51kk to 31-51qq, effective June 18, 2013; P.A. 19-25 replaced “On or before January 1, 1997” with “Not later than January 1, 2022”, deleted reference to Sec. 5-248a, added Subdiv. (1) re guidelines for determining whether individual's close association with employee is equivalent of family member's, designated existing provisions re procedures for hearings and redress as Subdiv. (2), deleted provisions re adoption of regulations and compatibility with state regulatory provisions and federal Family and Medical Leave Act and regulations promulgated pursuant to act, and made technical changes, effective July 1, 2020; June Sp. Sess. P.A. 21-2 amended Subdiv. (2) to delete provision re employee who believes there is an employer violation, effective July 1, 2021.

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Sec. 31-51rr. Family and medical leave benefits for employees of political subdivisions. (a) Each political subdivision of the state shall grant any employee of such political subdivision who is (1) a party to a marriage in which the other party is of the same sex as the employee, and who has been employed for at least twelve months by such employer and for at least one thousand two hundred fifty hours of service with such employer during the previous twelve-month period the same family and medical leave benefits under the federal Family and Medical Leave Act, P.L. 103-3, and 29 CFR 825.112, as are provided to an employee who is a party to a marriage in which the other party is of the opposite sex of such employee, or (2) on or after the effective date of regulations adopted pursuant to subsection (f) of this section, a school paraprofessional in an educational setting who has been employed for at least twelve months by such employer and for at least nine hundred fifty hours of service with such employer during the previous twelve-month period the same family and medical leave benefits provided under subdivision (1) of this subsection to an employee who has been employed for at least twelve months by such employer and for at least one thousand two hundred fifty hours of service with such employer during the previous twelve-month period.

(b) (1) Any employee of a political subdivision of the state who has worked at least twelve months and one thousand two hundred fifty hours for such employer during the previous twelve-month period, or (2) on or after the effective date of regulations adopted pursuant to subsection (f) of this section, a school paraprofessional in an educational setting who has been employed for at least twelve months by such employer and for at least nine hundred fifty hours of service with such employer during the previous twelve-month period may request leave in order to serve as an organ or bone marrow donor, provided such employee may be required, prior to the inception of such leave, to provide sufficient written certification from the physician of such employee, a physician assistant or an advanced practice registered nurse of the proposed organ or bone marrow donation and the probable duration of the employee's recovery from such donation.

(c) Nothing in this section shall be construed as authorizing leave in addition to the total of twelve workweeks of leave during any twelve-month period provided under the federal Family and Medical Leave Act, P.L. 103-3.

(d) The Labor Department shall enforce compliance with the provisions of this section.

(e) For the purposes of subdivision (2) of subsections (a) and (b) of this section, no hours of service worked by a paraprofessional prior to the effective date of regulations adopted pursuant to subsection (f) of this section shall be included in the requisite nine hundred fifty hours of service.

(f) The Labor Commissioner shall adopt regulations for the provision of family and medical leave benefits to school paraprofessionals in an educational setting pursuant to this section.

(P.A. 07-245, S. 1; P.A. 12-43, S. 1; 12-197, S. 38; June 12 Sp. Sess. P.A. 12-2, S. 117; P.A. 21-196, S. 54.)

History: P.A. 12-43 amended Subsec. (a) to replace provision re civil union with provisions re marriage in which the other party is of the same sex as the employee and add provision re leave for school paraprofessional in an educational setting, amended Subsec. (b) to add provision re leave for school paraprofessional in an educational setting, added Subsec. (e) re hours of service exclusion, added Subsec. (f) re regulations and made technical changes, effective May 31, 2012; P.A. 12-197 amended Subsec. (b) by adding provision allowing certification by an advanced practice registered nurse; June 12 Sp. Sess. P.A. 12-2 substituted “the effective date of regulations adopted” for “the date regulations are adopted” in Subsecs. (a)(2), (b)(2) and (e), and substituted “adopt” for “promulgate” in Subsec. (f), effective June 15, 2012; P.A. 21-196 amended Subsec. (b) by adding reference to physician assistant.

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PART III

STATE CONTRACTS

Sec. 31-53. Construction, alteration or repair of public works project by state or political subdivision; wage rates; certified payroll. Penalties. Civil action. Exceptions. (a) Each contract for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project by the state or any of its agents, or by any political subdivision of the state or any of its agents, shall contain the following provision: “The wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker on the work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (i) of this section, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the town in which such public works project is being constructed. Any contractor who is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person's wages the amount of payment or contribution for such person's classification on each pay day.”

(b) Any contractor or subcontractor who knowingly or wilfully employs any mechanic, laborer or worker in the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project for or on behalf of the state or any of its agents, or any political subdivision of the state or any of its agents, at a rate of wage on an hourly basis that is less than the rate customary or prevailing for the same work in the same trade or occupation in the town in which such public works project is being constructed, remodeled, refinished, refurbished, rehabilitated, altered or repaired, or who fails to pay the amount of payment or contributions paid or payable on behalf of each such person to any employee welfare fund, or in lieu thereof to the person, as provided by subsection (a) of this section, shall be fined not less than two thousand five hundred dollars but not more than five thousand dollars for each offense and (1) for the first violation, shall be disqualified from bidding on contracts with the state or any political subdivision until the contractor or subcontractor has made full restitution of the back wages owed to such persons and for an additional six months thereafter, and (2) for subsequent violations, shall be disqualified from bidding on contracts with the state or any political subdivision until the contractor or subcontractor has made full restitution of the back wages owed to such persons and for not less than an additional two years thereafter. In addition, if it is found by the contracting officer representing the state or political subdivision of the state that any mechanic, laborer or worker employed by the contractor or any subcontractor directly on the site for the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as required by this section, the state or contracting political subdivision of the state may (A) by written or electronic notice to the contractor, terminate such contractor's right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the contractor and the contractor's sureties shall be liable to the state or the contracting political subdivision for any excess costs occasioned the state or the contracting political subdivision thereby, or (B) withhold payment of money to the contractor or subcontractor. The contracting department of the state or the political subdivision of the state shall, not later than two days after taking such action, notify the Labor Commissioner, in writing or electronically, of the name of the contractor or subcontractor, the project involved, the location of the work, the violations involved, the date the contract was terminated, and steps taken to collect the required wages.

(c) The Labor Commissioner may make complaint to the proper prosecuting authorities for the violation of any provision of subsection (b) of this section.

(d) For the purpose of predetermining the prevailing rate of wage on an hourly basis and the amount of payment, contributions and member benefits paid or payable on behalf of each person to any employee welfare fund, as defined in subsection (i) of this section, in each town where such contract is to be performed, the Labor Commissioner shall adopt the rate of wages on an hourly basis in accordance with the provisions of this section and section 31-76c and the amount of payment, contributions and member benefits, including health, pension, annuity and apprenticeship funds, as recognized by the United States Department of Labor and the Labor Commissioner paid or payable on behalf of each person to any employee welfare fund, as defined in subsection (i) of this section, as established in the collective bargaining agreements or understandings between employers or employer associations and bona fide labor organizations for the same work in the same trade or occupation in the town in which the applicable building, heavy or highway works project is being constructed. For each trade or occupation for which more than one collective bargaining agreement is in effect for the town in which such project is being constructed, the collective bargaining agreement of historical jurisdiction shall prevail. For residential project rates and for each trade or occupation for which there is no collective bargaining agreement in effect for the town in which the building, heavy or highway works project is being constructed, the Labor Commissioner shall adopt and use such appropriate and applicable prevailing wage rate determinations as have been made by the Secretary of Labor of the United States under the provisions of the Davis-Bacon Act, as amended.

(e) The Labor Commissioner shall determine the prevailing rate of wages on an hourly basis and the amount of payment or contributions paid or payable on behalf of such person to any employee welfare fund, as defined in subsection (i) of this section, in each locality where any such public work is to be constructed, and the agent empowered to let such contract shall contact the Labor Commissioner, at least ten but not more than twenty days prior to the date such contracts will be advertised for bid, to ascertain the proper rate of wages and amount of employee welfare fund payments or contributions and shall include such rate of wage on an hourly basis and the amount of payment or contributions paid or payable on behalf of each person to any employee welfare fund, as defined in subsection (i) of this section, or in lieu thereof the amount to be paid directly to each person for such payment or contributions as provided in subsection (a) of this section for all classifications of labor in the proposal for the contract. The rate of wage on an hourly basis and the amount of payment or contributions to any employee welfare fund, as defined in subsection (i) of this section, or cash in lieu thereof, as provided in subsection (a) of this section, shall, at all times, be considered as the minimum rate for the classification for which it was established. Prior to the award of any contract, purchase order, bid package or other designation subject to the provisions of this section, such agent shall certify to the Labor Commissioner, either in writing or electronically, the total dollar amount of work to be done in connection with such public works project, regardless of whether such project consists of one or more contracts. Upon the award of any contract subject to the provisions of this section, the contractor to whom such contract is awarded shall certify, under oath, to the Labor Commissioner the pay scale to be used by such contractor and any of the contractor's subcontractors for work to be performed under such contract.

(f) Each employer subject to the provisions of this section, section 31-53c, subsection (f) of section 31-53d or section 31-54 shall (1) keep, maintain and preserve such records relating to the wages and hours worked by each person performing the work of any mechanic, laborer and worker and a schedule of the occupation or work classification at which each person performing the work of any mechanic, laborer or worker on the project is employed during each work day and week in such manner and form as the Labor Commissioner establishes to assure the proper payments due to such persons or employee welfare funds under this section, section 31-53c, subsection (f) of section 31-53d or section 31-54, regardless of any contractual relationship alleged to exist between the contractor and such person, provided such employer shall have the option of keeping, maintaining and preserving such records in an electronic format, and (2) submit monthly to the contracting agency or the Department of Economic and Community Development pursuant to section 31-53c or to the developer of a covered project, as defined in section 31-53d, as applicable, by mail, electronic mail or other method accepted by such agency, the Department of Economic and Community Development or such developer, a certified payroll that shall consist of a complete copy of such records accompanied by a statement signed by the employer that indicates (A) such records are correct; (B) the rate of wages paid to each person performing the work of any mechanic, laborer or worker and the amount of payment or contributions paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (i) of this section, are not less than the prevailing rate of wages and the amount of payment or contributions paid or payable on behalf of each such person to any employee welfare fund, as determined by the Labor Commissioner pursuant to subsection (d) of this section, and not less than those required by the contract to be paid; (C) the employer has complied with the applicable provisions of this section, section 31-53c, subsection (f) of section 31-53d and section 31-54; (D) each such person is covered by a workers' compensation insurance policy for the duration of such person's employment, which shall be demonstrated by submitting to the contracting agency the name of the workers' compensation insurance carrier covering each such person, the effective and expiration dates of each policy and each policy number; (E) the employer does not receive kickbacks, as defined in 41 USC 52, from any employee or employee welfare fund; and (F) pursuant to the provisions of section 53a-157a, the employer is aware that filing a certified payroll which the employer knows to be false is a class D felony for which the employer may be fined up to five thousand dollars, imprisoned for up to five years, or both. This subsection shall not be construed to prohibit a general contractor from relying on the certification of a lower tier subcontractor, provided the general contractor shall not be exempted from the provisions of section 53a-157a if the general contractor knowingly relies upon a subcontractor's false certification. Notwithstanding the provisions of section 1-210, the certified payroll shall be considered a public record and every person shall have the right to inspect and copy such records in accordance with the provisions of section 1-212. The provisions of subsections (a) and (b) of section 31-59 and sections 31-66 and 31-69 that are not inconsistent with the provisions of this section, section 31-53c or 31-54 apply to this section. Failing to file a certified payroll pursuant to subdivision (2) of this subsection is a class D felony for which the employer may be fined up to five thousand dollars, imprisoned for up to five years, or both.

(g) Any contractor who is required by the Labor Department to make any payment as a result of a subcontractor's failure to pay wages or benefits, or any subcontractor who is required by the Labor Department to make any payment as a result of a lower tier subcontractor's failure to pay wages or benefits, may bring a civil action in the Superior Court to recover no more than the damages sustained by reason of making such payment, together with costs and a reasonable attorney's fee.

(h) (1) The provisions of this section shall not apply where (A) the combined total cost or total bond authorization for all work to be performed by all contractors and subcontractors in connection with new construction of any public works project is less than one million dollars, or (B) the combined total cost of all work to be performed by all contractors and subcontractors in connection with any remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project is less than one hundred thousand dollars.

(2) On and after October 31, 2017, and prior to July 1, 2019, the provisions of this subdivision shall not apply where the work to be performed by any contractor or subcontractor in connection with new construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project funded in whole or in part by any private bequest that is greater than nine million dollars but less than twelve million dollars for a municipality in New Haven County with a population of not less than twelve thousand and not more than thirteen thousand, as determined by the most recent population estimate by the Department of Public Health.

(3) On and after July 1, 2019, and prior to January 1, 2020, the provisions of this subdivision shall not apply where the work to be performed by any contractor or subcontractor in connection with new construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project funded in whole or in part by any private bequest that is greater than nine million dollars but less than twenty-two million dollars for a municipality in New Haven County with a population of not less than twelve thousand and not more than thirteen thousand, as determined by the most recent population estimate by the Department of Public Health.

(i) As used in this section and sections 31-53c and 31-54, “employee welfare fund” means any trust fund established by one or more employers and one or more labor organizations or one or more other third parties not affiliated with the employers to provide from moneys in the fund, whether through the purchase of insurance or annuity contracts or otherwise, benefits under an employee welfare plan; provided such term shall not include any such fund where the trustee, or all of the trustees, are subject to supervision by the Banking Commissioner of this state or any other state or the Comptroller of the Currency of the United States or the Board of Governors of the Federal Reserve System, and “benefits under an employee welfare plan” means one or more benefits or services under any plan established or maintained for persons performing the work of any mechanics, laborers or workers or their families or dependents, or for both, including, but not limited to, medical, surgical or hospital care benefits; benefits in the event of sickness, accident, disability or death; benefits in the event of unemployment, or retirement benefits.

(1949 Rev., S. 7372; March, 1950, S. 3018d, 3019d; 1961, P.A. 486, S. 1; 1963, P.A. 240, S. 1; 1967, P.A. 494, S. 1; P.A. 73-566, S. 1; P.A. 75-90, S. 1, 2; P.A. 77-442; 77-614, S. 161, 610; P.A. 79-325; P.A. 80-482, S. 200, 348; P.A. 83-537, S. 2; P.A. 85-355, S. 1–3; P.A. 87-9, S. 2, 3; P.A. 91-74, S. 1; 91-407, S. 40, 42; P.A. 93-392, S. 1; 93-435, S. 65, 95; P.A. 97-263, S. 14; P.A. 03-84, S. 17; P.A. 05-50, S. 1; P.A. 06-196, S. 161; P.A. 09-25, S. 1; P.A. 10-47, S. 1; June Sp. Sess. P.A. 10-1, S. 68; P.A. 12-80, S. 191; P.A. 13-277, S. 55; P.A. 14-44, S. 1; June Sp. Sess. P.A. 17-2, S. 567; P.A. 19-199, S. 2; P.A. 21-43, S. 3; 21-154, S. 1.)

History: 1961 act added provisions re political subdivision and employee welfare funds and added Subsecs. (f) and (g) re records and schedules which must be kept and re inapplicability of provisions where total cost of work is less than $5,000; 1963 act substituted “alteration” for “remodeling” and “public works project” for references to public buildings; 1967 act added Subsec. (h) defining “employee welfare fund” and “benefits under an employee welfare plan” and substituted references to Subsec. (h) for references to Sec. 31-78; P.A. 73-566 amended Subsec. (b) to add provisions re termination of contract when discovery is made that employees are being paid less than the amount required under contract; P.A. 75-90 added references to remodeling, refurnishing, refurbishing and rehabilitation of projects in Subsecs. (a), (b) and (g); P.A. 77-442 added Subsec. (d)(2) requiring commissioner to adopt and use appropriate and applicable prevailing wage rate determinations made by U.S. Secretary of Labor; P.A. 77-614 replaced bank commissioner with banking commissioner within the department of business regulation and made banking department the division of banking within that department, effective January 1, 1979; P.A. 79-325 replaced former provisions of Subsec. (g) which had rendered section inapplicable where total cost of project is less than $50,000 with provision rendering provisions inapplicable to new construction projects where total cost is less than $50,000 and to remodeling, refinishing etc. projects where total cost is less than $10,000; P.A. 80-482 restored banking division as independent department with commissioner as its head following abolition of business regulation department; P.A. 83-537 amended Subsec. (e) to require the local agent to contact the labor commissioner, to ascertain proper wage rates and payment levels, at least ten but not more than 20 days prior to putting the contract out to bid; P.A. 85-355 amended Subsec. (e) to require the agent to certify the total cost of work to be done on the public works project, and to require the contractor to certify the pay scale to be used on the project after having been awarded the contract and amended Subsec. (g) to make the prevailing wage requirements inapplicable to projects costing less than $200,000 if new construction, or to projects costing less than $50,000 if remodeling; (Revisor's note: Pursuant to P.A. 87-9 “banking commissioner” was changed editorially by the Revisors to “commissioner of banking”); P.A. 91-74 made a technical change in Subsec. (a), amended Subsec. (b) to increase fines from $100 to not less than $2,500 but not more than $5,000 and amended Subsec. (g) by changing the cost thresholds from $200,000 to $400,000 and from $50,000 to $100,000; P.A. 91-407 changed effective date of P.A. 91-74 from October 1, 1991, to July 1, 1991; P.A. 93-392 deleted reference to Sec. 51-53 in Subsec. (a) and added (f)(2) requiring employers subject to the state prevailing wage laws to file weekly certified payrolls with the contracting public agency and designating such certified payrolls as public records; P.A. 93-435 made technical change in Subsec. (a) to reinstate language in existence prior to amendment made by P.A. 93-392, effective June 28, 1993; P.A. 97-263 added Subsec. (b)(1) and (2) disqualifying bidders from bidding on contracts with the state until certain requirements are met and adding provision permitting the withholding of payment of money to the contractor or subcontractor, amended Subsec. (d) to change “employee” to “person”, amended Subsec. (f) to require monthly submission of certified payroll and to make failure to file a certified payroll a class D felony, and amended Subsec. (h) by redefining “employee welfare fund” to include one or more other third parties not affiliated with the employers; P.A. 03-84 changed “Commissioner of Banking” to “Banking Commissioner” in Subsec. (h), effective June 3, 2003; P.A. 05-50 substituted “person” for “employee” and made technical changes throughout, amended Subsec. (a) to require payment of prevailing wage to persons performing the work of any mechanic, laborer or worker and to require contractor not obligated to contribute to employee welfare fund to pay to each mechanic, laborer or worker the amount of contribution for such person's classification, amended Subsec. (b) to impose penalties on any contractor or subcontractor who fails to pay prevailing wage or make required contributions to employee welfare fund, amended Subsec. (f) to require employer to keep, maintain and preserve records and schedule of occupation or work classification for each person performing the work of any mechanic, laborer and worker, adding “regardless of any contractual relationship alleged to exist between the contractor and such person” and amended Subsec. (h) to redefine “benefits under an employee welfare plan”; P.A. 06-196 made a technical change in Subsec. (c), effective June 7, 2006; P.A. 09-25 amended Subsec. (f)(2) to require employer to submit certified payroll to contracting agency by mail, first class postage prepaid; P.A. 10-47 added new Subsec. (g) re civil action for contractor or subcontractor required by Labor Department to make payment on behalf of subcontractor or lower-tiered subcontractor to recover damages, costs and fees, redesignated existing Subsecs. (g) and (h) as Subsecs. (h) and (i) and made technical changes in Subsecs. (a), (b), (d) and (e); June Sp. Sess. P.A. 10-1 made a technical change in Subsec. (f); P.A. 12-80 amended Subsec. (i) to delete reference to Sec. 31-89a; P.A. 13-277 amended Subsec. (f) to allow employer to submit certified payroll to contracting agency by mail or other method accepted by such agency and to require that signed statement accompanying certified payroll is an original, effective July 1, 2013; P.A. 14-44 amended Subsecs. (b) and (e) to add references to electronic notice, amended Subsec. (e) to add “purchase order, bid package or other designation” and delete “in writing” re agent to certify dollar amount of work to be done in connection with public works project, amended Subsec. (f) to add provisions re employer's option to keep records in electronic format and re submission of certified payroll by electronic mail, and made technical and conforming changes, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (f) by adding references to Sec. 31-53c and to Department of Economic and Community Development, amended Subsec. (h) by designating existing provisions re cost of public works project of less than $100,000 as Subdiv. (1) and amending same by replacing “total cost of all work” with “combined total cost or total bond authorization for all work”, replacing $400,000 with $1,000,000, adding Subdiv. (2) re public works project funded by private bequest that is greater than $9,000,000 but less than $12,000,000 for municipality in New Haven County with population not less than 12,000 and not more than 13,000, amended Subsec. (i) to add reference to Sec. 31-53c, and made technical and conforming changes, effective October 31, 2017; P.A. 19-199 amended Subsec. (h) by replacing “From the effective date of this section until” with “On or after October 31, 2017 and prior to” in Subdiv. (2), adding Subdiv. (3) re on and after July 1, 2019 and prior to January 1, 2020 provisions of subdivision not to apply where work funded is greater than $9,000,000 but less than $22,000,000 for municipality in New Haven County with population of less than 12,000 and not more than 13,000, and amended Subsec. (i) by making technical changes, effective July 1, 2019; P.A. 21-43 amended Subsec. (f) by adding references to Sec. 31-53d(f), adding references to developer of covered project and changing “provisions” to “applicable provisions”, effective July 1, 2021; P.A. 21-154 amended Subsec. (d) by deleting former Subdiv. (1) re hearing requirement and former Subdiv. (2) designator, adding provision re adoption of rate of wages and amount of payment, contributions and member benefits paid or payable on behalf of each person to any employee welfare fund, adding provision re trade or occupation for which more than one collective bargaining agreement is in effect, adding provision re residential project rates and trade or occupation for which no collective bargaining agreement is in effect, and by making a conforming change.

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Sec. 31-53a. Distribution of accrued payments. Debarment list. Limitation on awarding contracts. Sworn affidavits required of subcontractors. Civil penalty. Right of action. (a) The State Comptroller or the contracting authority acting pursuant to section 31-53 is hereby authorized and directed to pay to mechanics, laborers and workers from any accrued payments withheld under the terms of a contract terminated pursuant to subsection (b) of section 31-53 any wages found to be due such mechanics, laborers and workers pursuant to section 31-53. The Labor Commissioner is further authorized and directed to distribute a list to all departments of the state and political subdivisions of the state giving the names of persons or firms whom the Labor Commissioner has found to have (1) disregarded their obligations under section 31-53 and section 31-76c to employees and subcontractors on public works projects, (2) been barred from federal government contracts in accordance with the provisions of the Davis-Bacon Act, 49 Stat. 1011 (1931), 40 USC 276a-2, or (3) submitted false, misleading or materially inaccurate information under subsection (d) of section 21-53d.

(b) (1) No contract shall be awarded by the state or any of its political subdivisions to the persons or firms appearing on the list distributed by the Labor Commissioner pursuant to subsection (a) of this section or to any firm, corporation, partnership, or association in which such persons or firms have an interest until a period of up to three years, as determined by the Labor Commissioner, has elapsed from the date of publication of the list containing the names of such persons or firms.

(2) No general contractor that enters into a contract with the state or any of its agents, or with any political subdivision of the state or any of its agents, for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project subject to the provisions of section 31-53 or for any state highway project that falls under the provisions of section 31-54, shall award any work under such contract to the persons or firms appearing on the list distributed by the Labor Commissioner pursuant to subsection (a) of this section or to any firm, corporation, partnership or association in which such persons or firms have an interest until a period of up to three years, as determined by the Labor Commissioner, has elapsed from the date of publication of the list containing the names of such persons or firms.

(3) Prior to performing any work under a contract for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project subject to the provisions of section 31-53 or for any state highway project that falls under the provisions of section 31-54, each person, firm, corporation, partnership or association engaged by a general contractor to perform such work shall submit a sworn affidavit to the general contractor attesting that such person, firm, corporation, partnership or association does not hold an interest of ten per cent or greater in a firm appearing on the list distributed by the Labor Commissioner pursuant to subsection (a) of this section. The receipt and retention by a general contractor of such sworn affidavit shall fulfill the general contractor's obligation under subdivision (2) of this subsection.

(4) Any person or firm that appears on the list distributed by the Labor Commissioner pursuant to subsection (a) of this section, for a period of up to three years from the date of publication of such list, shall be liable to the Labor Department for a civil penalty of one thousand dollars for each day or part of a day in which such person or firm performs any work under any contract with the state or any of its agents, or with any political subdivision of the state or any of its agents, for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project subject to the provisions of section 31-53 or any state highway project that falls under the provisions of section 31-54. The Attorney General, upon complaint of the Labor Commissioner, shall institute a civil action to recover such civil penalty. Any amount recovered shall be deposited in the General Fund and credited to a separate nonlapsing appropriation to the Labor Department, for other current expenses, and may be used by the Labor Department to enforce the provisions of this part. As used in this subdivision, “person or firm” includes any firm, corporation, partnership or association in which a person or firm appearing on the list distributed by the Labor Commissioner pursuant to subsection (a) of this section holds an interest of ten per cent or greater.

(c) If the accrued payments withheld under the terms of a contract terminated pursuant to subsection (b) of section 31-53 are insufficient to reimburse all the mechanics, laborers and workers with respect to whom there has been a failure to pay the wages required pursuant to said section 31-53, such mechanics, laborers and workers shall have the right of action and of intervention against the contractor and the contractor's sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such mechanics, laborers and workers accepted or agreed to accept less than the required wages or that such persons voluntarily made refunds.

(P.A. 73-566, S. 2; P.A. 78-362, S. 1, 3; P.A. 91-74, S. 2; 91-407, S. 40, 42; P.A. 93-392, S. 2; P.A. 97-263, S. 15; P.A. 04-102, S. 1; P.A. 21-43, S. 2.)

History: P.A. 78-362 required that list distributed by commissioner to departments of the state and to its political subdivisions contain names of those who have been barred from federal government contracts in accordance with provisions of Davis-Bacon Act in Subsec. (a); P.A. 91-74 amended Subsec. (a) by increasing the period of ineligibility from three years to five years; P.A. 91-407 changed effective date of P.A. 91-74 from October 1, 1991, to July 1, 1991; P.A. 93-392 amended Subsec. (a) to add reference to Sec. 31-76c, to require that list distributed by labor commissioner to departments of the state and to its political subdivisions contain names of those who have violated overtime laws of the state on public works projects and to decrease the period of ineligibility from five to a maximum of three years, as determined by the commissioner; P.A. 97-263 incorporated changes to Sec. 31-53 by reference; P.A. 04-102 made technical changes in Subsec. (a), designated portion of said Subsec. as new Subsec. (b) and amended same by designating existing provisions as Subdiv. (1), providing that list referred to in said Subdiv. is debarment list distributed by the Labor Commissioner pursuant to Subsec. (a), and adding Subdivs. (2), (3) and (4) re general contractors' and subcontractors' obligations and potential liability for civil penalties relative to service on public works or state highway projects, and redesignated existing Subsec. (b) as Subsec. (c), making technical changes therein; P.A. 21-43 amended Subsec. (a) by adding Subdivs. (1) and (2) designators, adding Subdiv. (3) re submittal of false, misleading or materially inaccurate information, and making technical changes, effective July 1, 2021.

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Sec. 31-53d. Renewable energy projects. Community benefits agreement. Workforce development program. Contractor sworn certification. Wages. Penalties. Exceptions. (a) As used in this section, unless the context otherwise requires:

(1) “Covered project” means a renewable energy project that is situated on land in this state, commences construction on or after July 1, 2021, and has a total nameplate capacity of two megawatts or more. “Covered project” does not include (A) any renewable energy project (i) selected in a competitive solicitation conducted by (I) the Department of Energy and Environmental Protection, or (II) an electric distribution company, as defined in section 16-1, and (ii) approved by the Public Utilities Regulatory Authority prior to January 1, 2022, or (B) any renewable energy project under contract with another entity and approved by the relevant regulatory authority, as applicable, prior to January 1, 2022;

(2) “Renewable energy project” means a Class I renewable energy source, as defined in section 16-1. “Renewable energy project” does not include any offshore wind facility procured pursuant to section 16a-3h, 16a-3m or 16a-3n;

(3) “Community benefits agreement” means an agreement between (A) the developer of a covered project, and (B) community-based organizations or a coalition of such organizations, that details the project's contributions to the community in which it is or will be sited and the aspects of the project that will mitigate adverse conditions of such community and create opportunities for local businesses, communities and workers;

(4) “Labor organization” means any organization, other than a company union, that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection, including, but not limited to, (A) bona fide labor organizations that are certified or recognized as the organization of jurisdiction representing the workers involved, (B) bona fide building and construction trades councils or district councils, and (C) state and local labor federations comprised of local unions certified or recognized as the representative of the workers; and

(5) “Workforce development program” means a program pursuant to which newly hired employees and existing employees are given the opportunity to develop skills that will enable such employees to qualify for higher paying jobs on a covered project. A workforce development program includes: (A) Apprenticeship training through an apprenticeship program registered with the Labor Department or a federally recognized state apprenticeship agency that complies with the requirements under 29 CFR 29 and 29 CFR 30, as each may be amended from time to time, and (B) preapprenticeship training that will enable students to qualify for registered apprenticeship training.

(b) The developer of a covered project shall (1) take all reasonable actions to ensure that a community benefits agreement is entered into with appropriate community organizations representing residents of the community in which the project is or will be located if the nameplate capacity of the project is five megawatts or more, and (2) take appropriate actions to ensure a workforce development program is established.

(c) The developer of a covered project shall take all necessary actions to ensure that each contractor and subcontractor involved in the construction of the project completes a sworn certification that the contractor or subcontractor: (1) Has the necessary resources to perform the portion of the covered project to which the contractor or subcontractor are assigned, including the necessary technical, financial and personnel resources; (2) has all required contractor, specialty contractor or trade licenses, certifications or certificates required of any business entity or individual by applicable state or local law; (3) participates in apprenticeship training through an apprenticeship program registered with the Labor Department or a federally recognized state apprenticeship agency that complies with the requirements under 29 CFR 29 and 29 CFR 30, as each may be amended from time to time; (4) during the previous three years (A) has not been debarred by any government agency; (B) has not defaulted on any project; (C) has not had any license, certification or other credential relating to the business revoked or suspended; and (D) has not been found in violation of any law applicable to the contractor's or subcontractor's business that resulted in the payment of a fine, back pay damages or any other type of penalty in the amount of ten thousand dollars or more; (5) will pay personnel employed on the project not less than the applicable wage and fringe benefit rates for the classification in which such personnel is employed and required for the project; and (6) has not misclassified and will not misclassify labor employees as independent contractors.

(d) The developer of a covered project shall submit to the Labor Commissioner the sworn certification of compliance specified in subsection (c) of this section not later than thirty days prior to commencement of construction of the project. Such sworn certification shall be considered a public document that shall be made available without redaction on the Labor Department's Internet web site not later than seven days after being submitted to the Labor Commissioner. If a sworn certification contains false, misleading or materially inaccurate information, the contractor or subcontractor that executed such sworn certification shall, after notice and opportunity to be heard, be subject to debarment pursuant to section 31-53a.

(e) The failure of the developer of a covered project to take reasonable steps to ensure that the sworn certification submitted to the Labor Commissioner pursuant to subsection (d) of this section are accurate and truthful shall constitute a violation of this section and shall be subject to penalties and sanctions for conduct constituting noncompliance. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing the penalties and sanctions applicable to a violation of this subsection.

(f) (1) Each contractor and subcontractor on a covered project shall (A) pay each construction employee on the project wages and benefits that are not less than the prevailing wage and fringe benefit rates prescribed in section 31-53 for the corresponding classification in which the employee is employed, and (B) be subject to all reporting and compliance requirements of section 31-53. Contractors and subcontractors that violate this subsection shall be subject to penalties and sanctions in accordance with section 31-53.

(2) Each operations, maintenance and security employee employed in a building or facility that is constructed in a covered project shall be paid wages and benefits that are not less than the prevailing wage and fringe benefit rates prescribed in section 31-53 or, if applicable, the standard wage specified in section 31-57f for the corresponding classification in which the employee is employed.

(g) Prevailing wage requirements under subsection (f) of this section shall not apply to a construction project that is covered by a project labor agreement. For the purposes of this subsection, “project labor agreement” means an agreement that: (1) Binds all contractors and subcontractors on the covered project to the project labor agreement through the inclusion of specifications in all relevant solicitation provisions and contract documents; (2) allows all contractors and subcontractors to compete for contracts and subcontracts on the project without regard to whether they are otherwise parties to collective bargaining agreements; (3) establishes uniform terms and conditions of employment for all construction labor employed on the projects; (4) guarantees against strikes, lockouts and similar job disruptions; (5) sets forth mutually binding procedures for resolving labor disputes arising during the project labor agreement; and (6) includes any other provisions as negotiated by the parties to promote successful delivery of the covered project.

(P.A. 21-43, S. 1; June Sp. Sess. 21-2, S. 82.)

History: P.A. 21-43 effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (a)(1) to redefine what “covered project” does not include, effective July 1, 2021.

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Sec. 31-54. Rate of wages for work on state highways. The Labor Commissioner shall determine the prevailing rate of wages upon any highway contract within any specified area on an hourly basis and the amount of payment or contributions paid or payable on behalf of each employee to any employee welfare fund, as defined in section 31-53, upon any classifications of skilled, semiskilled and ordinary labor. Said commissioner shall determine the prevailing rate of wages on an hourly basis and the amount of payment or contributions paid or payable on behalf of each employee to any employee welfare fund, as defined in section 31-53, in each locality where any highway or bridge is to be constructed, and the Commissioner of Transportation shall include such rate of wage on an hourly basis and the amount of payment or contributions paid or payable on behalf of each employee to any employee welfare fund, as defined in section 31-53, or in lieu thereof, in cash as part of wages each pay day, for each classification of labor in the proposal for the contract and in the contract. The rate and the amount so established shall, at all times, be considered as the minimum rate of wage on an hourly basis and the amount of payment or contributions to an employee welfare fund, or cash in lieu thereof, for the classification for which it was established. Any contractor who pays any person at a lower rate of wage on an hourly basis or the amount of payment or contributions paid or payable on behalf of each employee to any employee welfare fund, as defined in section 31-53, or where he is not obligated by any agreement to make payment or contributions to the employee welfare funds, as defined in section 31-53, and fails to pay the amount of such payment or contributions directly to the employee as a part of his wages each pay day, than that so established for the classifications of work specified in any such contract shall be fined not more than two hundred dollars for each offense. The provisions of this section shall apply only to state highways and bridges on state highways.

(1949 Rev., S. 2206; March, 1950, S. 1194d; 1961, P.A. 486, S. 2; 1967, P.A. 494, S. 2; 1969, P.A. 768, S. 260; P.A. 97-263, S. 17; P.A. 21-154, S. 2.)

History: 1961 act added establishment of rate on hourly basis and provisions re employee welfare funds; 1967 act replaced references to Sec. 31-78 with references to Sec. 31-53; 1969 act replaced highway commissioner with commissioner of transportation; P.A. 97-263 increased amount of fine from $100 to $200; P.A. 21-154 deleted provision requiring Labor Commissioner to hold hearing to determine prevailing rate of wages upon highway contract.

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PART IV

GENERAL PROVISIONS

Sec. 31-57y. Unpaid time off for purposes of voting at an election. From June 23, 2021, to June 30, 2024, each employer shall grant to (1) each employee in the case of a state election, or (2) each employee who is an elector in the case of any special election for United States senator, representative in Congress, state senator or state representative, two hours unpaid time off from such employee's regularly scheduled work on the day of any such election, for the purpose of voting at such election during the hours of voting specified in section 9-174, if the employee requests such time off not less than two working days prior to such election.

(June Sp. Sess. P.A. 21-2, S. 94.)

History: June Sp. Sess. P.A. 21-2 effective June 23, 2021.

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Sec. 31-57z. Education assistance programs. Notice to employees. (a) Not later than December 1, 2021, and annually thereafter until December 1, 2024, each employer in the state with one hundred or more employees shall notify the employees of such employer who are residents of the state about (1) whether such employer offers to employees an education assistance program under 26 USC 127, and (2) if an education assistance program is offered to employees, the benefits included in such program and the manner in which an employee may enroll in such program.

(b) An employee shall have no cause of action against an employer for not offering an education assistance program under 26 USC 127 to employees or for failure to notify employees about such program pursuant to subsection (a) of this section.

(c) The Commissioner of Economic and Community Development shall make information and resources regarding education assistance programs under 26 USC 127 available to employers in the state.

(June Sp. Sess. P.A. 21-2, S. 260.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021.

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Sec. 31-57aa. Relocation of call center to foreign country. Notice to commissioner. Penalty. Annual list. Ineligibility for state financial support. State contracts. (a) For purposes of this section:

(1) “Call center” means a facility or other operation through which employees receive telephone calls or electronic communication for the purpose of providing customer assistance or other customer service;

(2) “Employer” means a business entity that employs (A) fifty or more employees, excluding part-time employees; or (B) fifty or more employees that in the aggregate work at least fifteen hundred hours per week, excluding overtime hours, for the purpose of staffing a call center;

(3) “Part-time employee” means an employee who is employed for an average of fewer than twenty hours per week or who has been employed for fewer than six of the twelve months preceding the date on which notice is required under this section; and

(4) “Commissioner” means the Labor Commissioner.

(b) A call center employer that intends to relocate a call center, or one or more facilities or operating units within a call center comprising not less than thirty per cent of the call center's or operating unit's total call volume, when compared to the previous twelve-month average call volume of operations or substantially similar operations, from this state to a foreign country shall notify the commissioner at least one hundred days prior to such relocation.

(c) A call center employer that violates subsection (b) of this section shall be subject to a civil penalty not to exceed ten thousand dollars for each day of such violation, except that the commissioner may reduce such amount for just cause shown.

(d) The commissioner shall compile an annual list of each call center employer that relocated a call center, or one or more facilities or operating units within a call center comprising at least thirty per cent of the call center's total volume of operations, from this state to a foreign country. The commissioner shall make such list available to the public and shall prominently display a link to such list on the Labor Department's Internet web site.

(e) Except as provided in subsection (g) of this section and notwithstanding any other provision of the general statutes, a call center employer on the annual list compiled under subsection (d) of this section shall be ineligible for any direct or indirect state grants, state guaranteed loans, state tax benefits or other state financial support for a period of five years from the date such list is published.

(f) Except as provided in subsection (g) of this section and notwithstanding any other provision of the general statutes, a call center employer on the annual list compiled under subsection (d) of this section shall remit the unamortized value of any state grant, guaranteed loan, state tax benefit or other state financial support such call center employer has received in the five-year period prior to the date such call center was placed on such list. Nothing in this section shall be deemed to prevent an employer from receiving any grant to provide training or other employment assistance to individuals who are selected as being in particular need of training or other employment assistance due to the transfer or relocation of the employer's call center, facility or operating units.

(g) The commissioner, in consultation with the appropriate agency providing a loan or grant, may waive the ineligibility for state financial support under subsection (e) of this section and the remittance requirement under subsection (f) of this section if the employer demonstrates that such ineligibility and requirement would: (1) Threaten state or national security, (2) result in substantial job loss in this state, or (3) harm the environment.

(h) The department head of each state agency shall ensure that for all new contracts or new agreements entered into on and after October 1, 2021, all state business-related call center and customer service work is performed by state contractors or other agents or subcontractors entirely within this state, except that, if any such contractor, other agent or subcontractor performs work outside this state and adds customer service employees who will perform work pursuant to such new contracts or agreements, such new employees shall immediately be employed within this state. Businesses subject to a contract or agreement agreed to prior to October 1, 2021, with terms extending beyond October 1, 2023, shall be subject to the provisions of this subsection if the contract or agreement is renewed.

(i) No provision of this section shall be construed to permit withholding or denial of payments, compensation or benefits under any other provision of the general statutes, including, but not limited to, state unemployment compensation, disability payments or worker retraining or readjustment funds, to workers employed by employers that relocate from this state to a foreign country.

(j) Nothing in this section shall be construed as creating a private cause of action against an employer who has violated, or is alleged to have violated, any provision of this section.

(June Sp. Sess. P.A. 21-2, S. 6.)

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