*Function of commissioner with respect to chapter. 129 C. 345.
Temporary injunctions would not be granted to restrain enforcement of penal provisions even if enforcement of chapter would be accompanied by injury to plaintiff's property. 9 CS 116.
Sec. 31-12. Hours of labor of minors in manufacturing or mechanical establishments.
Sec. 31-13. Hours of labor of minors in mercantile establishments.
Sec. 31-13b. Visible clock required as part of time card system.
Sec. 31-14. Night work of minors regulated.
Sec. 31-15a. Criminal penalty.
Sec. 31-16. Night work in messenger service.
Sec. 31-18. Hours of labor of minors in certain other establishments.
Sec. 31-22. Labor Commissioner's duties of enforcement and reports.
Secs. 31-22a to 31-22l. Reserved
Sec. 31-22m. (Formerly Sec. 31-51a). Apprenticeship. Definitions.
Sec. 31-22n. (Formerly Sec. 31-51b). Apprenticeship council.
Sec. 31-22o. (Formerly Sec. 31-51c). Powers and duties of council.
Sec. 31-22p. (Formerly Sec. 31-51d). Labor Commissioner's powers and duties.
Sec. 31-22q. (Formerly Sec. 31-51e). Program of apprentice training. Informational campaign.
Sec. 31-22r. Apprenticeship registration; apprentices, sponsors.
Sec. 31-22s. Report re feasibility of on-line apprenticeship registration system.
Sec. 31-22t. (Formerly Sec. 31-51j). Preclusion of apprentice training programs prohibited.
Sec. 31-22u. Military training evaluation.
Sec. 31-22v. Office of apprenticeship training. Internet web site.
Sec. 31-23. Employment of minors prohibited in certain occupations. Exceptions.
Sec. 31-23a. Minors employed on or after October 1, 2007, deemed to have been lawfully employed.
Sec. 31-24. Hazardous employment of children forbidden.
Sec. 31-25. Operation of elevators by minors.
Sec. 31-28. Registration of manufacturing and mechanical establishments.
Sec. 31-29. Manufacturing license for residential buildings.
Sec. 31-31. Records of home workers and materials.
Sec. 31-33. Regulation of industrial home work.
Sec. 31-34. Stained glass windows.
Sec. 31-35. Lighting and sanitary condition of factories and roundhouses.
Sec. 31-36. Toilet room required in foundries. Penalty.
Sec. 31-38. Toilet accommodations on tobacco plantations.
Sec. 31-39. Employees in paper factory to be vaccinated.
Sec. 31-40c. Information and notice requirements for employers using or producing carcinogens.
Sec. 31-40d. Complaints of violations. Inspections. Discrimination prohibited.
Sec. 31-40e. Order to comply. Citation. Hearing. Appeal.
Sec. 31-40f. Penalties. Duties of Labor Commissioner. Private right of action.
Sec. 31-40h. Sterilization as condition of employment prohibited.
Sec. 31-40i. Enforcement. Private right of action.
Sec. 31-40k. Employee's right to information concerning toxic substances. Employer's list.
Sec. 31-40l. Information requirements for employer using or producing toxic substances.
Sec. 31-40m. Information requirements of supplier of toxic substances. Labor Department assistance.
Sec. 31-40n. Trade secret protections. Registration with Labor Commissioner.
Sec. 31-40o. Discrimination prohibited. Waiver of rights void.
Sec. 31-40r. Regulations establishing guidelines for exemptions from nonsmoking area requirements.
Sec. 31-40s. Smoking or use of tobacco products outside of the workplace.
Sec. 31-40v. Establishment of safety and health committees by certain employers.
Sec. 31-40w. Breastfeeding in the workplace.
Sec. 31-40y. Employer harassment of and discrimination against interns prohibited.
Sec. 31-41. Order to remove excessive dust.
Sec. 31-42. Appliances for threading shuttles.
Sec. 31-43. Public laundries; sanitation.
Sec. 31-44. Penalty for violation of orders.
Sec. 31-45. Emergency kits required in factories.
Sec. 31-45a. Protection of feet.
Sec. 31-47. Inspection of employee lodging houses.
Sec. 31-48. Laborers not to be overcharged.
Sec. 31-48a. Recruitment or referral of professional strikebreaker restricted.
Sec. 31-48c. Hiring of municipal police during labor dispute prohibited.
Sec. 31-49. Care required of a master for his servant's safety.
Secs. 31-49a to 31-49d. Reserved
Sec. 31-49e. Paid family and medical leave. Definitions.
Sec. 31-49f. Paid Family and Medical Leave Insurance Authority established.
Sec. 31-49i. Family and Medical Leave Insurance Trust Fund established.
Sec. 31-49j. Duties of State Treasurer.
Sec. 31-49k. State Treasurer. Investments.
Sec. 31-49l. Board of directors. Responsibilities.
Sec. 31-49n. Public education campaign. Web site, web-based form, application or digital service.
Sec. 31-49o. Private plans. Approval of. Conditions.
Sec. 31-49q. Written notice required of employer.
Sec. 31-49s. Employer providing more expansive benefits.
Sec. 31-49t. Authority's annual report.
Sec. 31-50a. Noncompete agreements: Security guards.
Sec. 31-50b. Noncompete agreements: Broadcast employees.
Secs. 31-51a to 31-51e. Transferred
Sec. 31-51f. Participation in Manpower Development and Training Act.
Sec. 31-51g. Use of polygraph prohibited. Penalty. Exceptions.
Sec. 31-51j. Transferred
Sec. 31-51k. Employment of alien not entitled to residence.
Sec. 31-51l. Leave of absence for certain public and private employees elected to public office.
Sec. 31-51p. Membership in health care center as part of health benefits plan.
Sec. 31-51r. Execution of employment promissory note prohibited.
Sec. 31-51t. Drug testing: Definitions.
Sec. 31-51u. Drug testing: Requirements.
Sec. 31-51v. Drug testing: Prospective employees.
Sec. 31-51w. Drug testing: Observation prohibited. Privacy of results.
Sec. 31-51x. Drug testing: Reasonable suspicion required. Random tests.
Sec. 31-51z. Drug testing: Enforcement. Damages.
Sec. 31-51aa. Drug testing: Effect of collective bargaining agreement.
Sec. 31-51bb. Right of employee to pursue cause of action.
Sec. 31-51ii. Meal periods. Exemptions. Regulations.
Sec. 31-51jj. Notice to employees of incoming emergency telephone calls.
Sec. 31-51kk. Family and medical leave: Definitions.
Sec. 31-51mm. Family and medical leave: Certification.
Sec. 31-51nn. Family and medical leave: Employment and benefits protection.
Sec. 31-51oo. Family and medical leave: Confidentiality of medical records and documents.
Sec. 31-51pp. Family and medical leave: Prohibited acts, complaints, rights and remedies.
Sec. 31-51qq. Family and medical leave: Regulations.
Sec. 31-51rr. Family and medical leave benefits for employees of political subdivisions.
Sec. 31-51uu. Optional exclusion of employee health insurance premiums from gross income.
Sec. 31-51vv. Employment of person coerced to engage in such employment prohibited.
Sec. 31-51ww. Individual development account programs: Definitions.
Sec. 31-51xx. Connecticut IDA Initiative established. Implementation.
Sec. 31-51yy. Eligibility. Duties of community-based organizations and financial institutions.
Sec. 31-51zz. Individual Development Account Reserve Fund: Funds deposited in.
Sec. 31-51aaa. Individual Development Account Reserve Fund: Use and administration.
Sec. 31-51ccc. Program evaluation. Report.
Sec. 31-51eee. Receipt of funds authorized.
Sec. 31-51fff. Restrictions on funding expenditures to apply.
Sec. 31-52a. Residents' preference in work on other public facilities.
Sec. 31-54. Rate of wages for work on state highways.
Sec. 31-55. Posting of wage rates by contractors doing state work.
Sec. 31-55a. Annual adjustments to wage rates by contractors doing state work.
Sec. 31-56. Hours of labor on state bridges.
Sec. 31-56b. Project labor agreements for public works projects.
Sec. 31-56c. Use of project labor agreement re public school design-build contract.
Sec. 31-57. Hours of labor on construction, alteration or repair of public works project.
Sec. 31-57a. Awarding of contracts to National Labor Relations Act violators prohibited.
Sec. 31-57b. Awarding of contracts to occupational safety and health law violators prohibited.
Sec. 31-57h. Joint enforcement commission on employee misclassification. Members. Duties. Report.
Sec. 31-57i. Employee Misclassification Advisory Board. Members. Duties.
Secs. 31-57j to 31-57q. Reserved
Sec. 31-57t. Permitted uses for sick leave.
Sec. 31-57u. Additional leave. Donation of unused leave. Breaks in service.
Sec. 31-57w. Notice to service workers of sick leave requirements. Regulations.
Sec. 31-57x. Paid family and medical leave program. Implementation plan. Report.
Sec. 31-57y. Unpaid time off for purposes of voting at an election.
Sec. 31-57z. Education assistance programs. Notice to employees.
Sec. 31-12. Hours of labor of minors in manufacturing or mechanical establishments. (a) No person under the age of eighteen years who is not enrolled in and has not graduated from a secondary educational institution shall be employed in any manufacturing or mechanical establishment more than nine hours in any day or forty-eight hours in any calendar week.
(b) If the Labor Commissioner finds, upon application of an employer, that an emergency exists or that seasonal or peak demand places an unusual and temporary burden upon any manufacturing or mechanical establishment, any such person under the age of eighteen may be employed in such establishment not more than ten hours in any day and not more than fifty-five hours in any calendar week, but the total number of weeks of any such employment in any twelve consecutive months shall not exceed twelve.
(c) With respect to any group, category or class of employees for which a work week of less than five days has been established or agreed upon, the employer shall adhere to the applicable weekly limitation period prescribed but may extend the number of hours per day for each day of the shortened work week provided the number of hours shall be the same for each day of the work week.
(d) In the event of war or other national emergency, the commissioner after investigation may, with the approval of the Governor, extend the number of weeks of any such employment if such extension is necessary to meet scheduled production of war or critical material.
(e) No person under eighteen years of age who is enrolled in a secondary education institution shall be employed in any manufacturing or mechanical establishment more than (1) six hours in any regularly scheduled school day unless the regularly scheduled school day immediately precedes a nonschool day or eight hours in any other day, and (2) thirty-two hours in any calendar week during which the school in which such person is enrolled is in session, or forty-eight hours in any calendar week during which the school in which such person is enrolled is not in session. Notwithstanding any provision of this section, the number of hours such person participates in a work experience that is part of an approved educational plan, cooperative program or school-to-work program shall not be counted against the daily or weekly limits set forth in this section.
(f) The provisions of this section shall not apply to permanent salaried employees in executive, administrative or professional positions as defined by the Labor Commissioner, or to persons under eighteen years of age who have graduated from a secondary educational institution.
(1949 Rev., S. 7343; September, 1950, S. 3009d; 1963, P.A. 158; 1969, P.A. 802, S. 1; P.A. 73-65, S. 1, 2; P.A. 85-28, S. 1; P.A. 98-210, S. 1; P.A. 06-139, S. 1; P.A. 07-217, S. 142; P.A. 12-197, S. 33; P.A. 17-202, S. 81.)
History: 1963 act deleted provision requiring employers' to post required work hours for minors and women and prohibiting employment of such persons for longer on any day than posted required hours and added provision excluding permanent salaried employees in executive, administrative or professional positions from section provisions; 1969 act changed maximum number of weeks in a year when 10-hour days or 55-hour weeks may be required from 8 to 12; P.A. 73-65 deleted women from applicability of provisions and extended applicability to cover persons 66 and older, handicapped persons and disabled veterans and added provision re shortened work weeks; P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 98-210 clarified that applicability is to persons under 18 years of age who are not enrolled in and have not graduated from a secondary educational institution, reduced the number of hours a student under 18 years of age may work in a manufacturing or mechanical establishment while school is in session, created an exemption for graduates under 18 years of age, and added alphabetic Subsec. indicators and numeric Subdiv. indicators; P.A. 06-139 made a technical change in Subsec. (c) and deleted former Subsec. (f) re penalties for violation of section, redesignating existing Subsec. (g) as Subsec. (f), effective January 1, 2007; P.A. 07-217 made a technical change in Subsec. (b), effective July 12, 2007; P.A. 12-197 amended Subsec. (a)(3) and (4) by adding provisions allowing certification by an advanced practice registered nurse; P.A. 17-202 amended Subsec. (a) by deleting Subdiv. (1) designator and deleting former Subdivs. (2) to (4) re persons 66 years of age or older, handicapped persons and disabled veterans, respectively, and making technical changes, amended Subsec. (b) by adding “under the age of eighteen”, and amended Subsec. (e) by adding “who is enrolled in a secondary education institution”.
See Secs. 31-15a, 31-69a re penalties for violation of section.
Cited. 203 C. 34.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-13. Hours of labor of minors in mercantile establishments. (a) No person under the age of eighteen years who is not enrolled in and has not graduated from a secondary educational institution shall be employed in any mercantile establishment more than eight hours in any one day, or more than six days in any one calendar week or more than forty-eight hours in any one calendar week.
(b) If the Labor Commissioner finds, upon application of an employer, that an emergency exists or that seasonal or peak demand places an unusual and temporary burden upon any mercantile establishment, any such person under the age of eighteen years may be employed in such establishment not more than ten hours in any day and not more than fifty-two hours in any calendar week, but the total number of weeks of any such employment in any twelve months shall not exceed eight.
(c) No person under eighteen years of age who is enrolled in a secondary education institution shall be employed in any mercantile establishment more than (1) six hours in any regularly scheduled school day unless the regularly scheduled school day immediately precedes a nonschool day or eight hours in any other day, and (2) thirty-two hours in any calendar week during which the school in which such person is enrolled is in session, or forty-eight hours in any other calendar week during which the school in which such person is enrolled is not is session. Notwithstanding any provision of this section, the number of hours such person participates in a work experience that is part of an approved educational plan, cooperative program or school-to-work program shall not be counted against the daily or weekly limits set forth in this section.
(d) Each employer in any such establishment shall post in a conspicuous place in each room where such persons are employed a notice, the form of which shall be furnished by the Labor Commissioner, stating specifically the hours of work required of such persons on each day of the week, and the employment of any such persons for a longer time than so stated shall be a violation of this section.
(e) The provisions of this section shall not apply to permanent salaried employees in executive, managerial or supervisory positions excepted from the provisions of part I of chapter 558 who receive a regular salary of not less than the minimum fixed for such employment in any wage order or administrative regulation issued under authority of said part, or to persons under eighteen years of age who have graduated from a secondary educational institution.
(1949 Rev., S. 7344; 1953, S. 3010d; 1969, P.A. 802, S. 2; P.A. 73-83, S. 1, 3; P.A. 85-28, S. 2; P.A. 98-210, S. 2; P.A. 06-139, S. 2; P.A. 07-217, S. 143; P.A. 12-197, S. 34; P.A. 17-202, S. 82.)
History: 1969 act increased period during which 10-hour days and 52-hour weeks are permissible from 4 to 8 weeks during any year; P.A. 73-83 deleted women from applicability of provisions and extended applicability to cover persons 66 or older, handicapped persons and disabled veterans; P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 98-210 clarified that applicability is to persons under 18 years of age who are not enrolled in and have not graduated from a secondary educational institution, reduced the number of hours a student under 18 years of age may work in a mercantile establishment while school is in session, created an exemption for graduates under 18 years of age, and added alphabetic Subsec. indicators and numeric Subdiv. indicators; P.A. 06-139 deleted former Subsec. (e) re penalty for violation of section, redesignating existing Subsec. (f) as Subsec. (e), effective January 1, 2007; P.A. 07-217 made a technical change in Subsec. (b), effective July 12, 2007; P.A. 12-197 amended Subsec. (a)(3) and (4) by adding provisions allowing certification by an advanced practice registered nurse; P.A. 17-202 amended Subsec. (a) by deleting Subdiv. (1) designator and deleting former Subdivs. (2) to (4) re persons 66 years of age or older, handicapped persons and disabled veterans, respectively, and making technical changes, amended Subsec. (b) by adding “under the age of eighteen years”, and amended Subsec. (c) by adding “who is enrolled in a secondary education institution”.
See Secs. 31-15a, 31-69a re penalties for violation of section.
Cited. 129 C. 339.
Nominal president deemed an employee. 10 CS 171.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-13a. Employer to furnish record of hours worked, wages earned and deductions. Employer to provide means to access and print electronically held records. (a) With each wage payment each employer shall furnish to each employee, in writing or, with the employee's explicit consent, electronically, a record of hours worked, the gross earnings showing straight time and overtime as separate entries, itemized deductions and net earnings, except that the furnishing of a record of hours worked and the separation of straight time and overtime earnings shall not apply in the case of any employee with respect to whom the employer is specifically exempt from the keeping of time records and the payment of overtime under the Connecticut Minimum Wage Act or the Fair Labor Standards Act.
(b) If the record of hours is furnished electronically pursuant to subsection (a) of this section, the employer shall provide a means for each employee to securely, privately and conveniently access and print such record. The employer shall incorporate reasonable safeguards regarding any information contained in the record furnished electronically pursuant to subsection (a) of this section to protect the confidentiality of an employee's personal information.
(1959, P.A. 338; P.A. 80-79; P.A. 16-125, S. 3.)
History: P.A. 80-79 required that employees be furnished records of earnings “showing straight time and overtime as separate entries”, specified that provisions are inapplicable where employer is exempt from paying overtime and deleted provisions which had excluded salaried employees from applicability; P.A. 16-125 designated existing provisions re wage payment as Subsec. (a) and amended same to add provision re furnishing records electronically with employee's explicit consent and added Subsec. (b) re employer to provide means for employee to access electronic record and incorporation of reasonable safeguards.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-13b. Visible clock required as part of time card system. On and after January 1, 1977, no employer, private, municipal or state, shall use a time card system, recording clock or other device intended to record the work time of an employee unless such system, clock or device has incorporated within it a clock which is synchronized with such system, clock or device and which is displayed so as to be easily visible.
(P.A. 76-87.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-14. Night work of minors regulated. (a) No person under eighteen years of age shall be employed in any manufacturing, mechanical or mercantile establishment between the hours of ten o'clock in the evening and six o'clock in the morning, except that such persons may be employed in any manufacturing, mechanical or mercantile establishment until eleven o'clock in the evening or any supermarket until twelve o'clock midnight on any night other than a night preceding a regularly scheduled school day. No such person may be discharged or discriminated against in any manner for refusing to work later than ten o'clock in the evening.
(b) In the event of war or other serious emergency, the Governor may suspend the limitations upon evening or night work contained in this section as to any industries or occupations as he may find such emergency demands.
(c) The provisions of this section shall not apply to persons under eighteen years of age who have graduated from a secondary educational institution.
(d) For purposes of this section, “supermarket” means any retail food store occupying a total retail sales area of more than three thousand five hundred square feet.
(1949 Rev., S. 7345; P.A. 84-501, S. 1; P.A. 85-28, S. 3; P.A. 98-210, S. 3.)
History: P.A. 84-501 provided that minors may be employed in supermarkets until midnight on nights not preceding a school day, but prohibited discrimination for refusing to work the extra hours, and defined “supermarket”; P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 98-210 established eleven p.m. limit for employment of persons under 18 years of age on days preceding nonschool days in manufacturing, mechanical and mercantile establishments, replaced the term “minor” with the term “person” throughout section, and added alphabetic Subsec. indicators and numeric Subdiv. indicators.
See Secs. 31-15a, 31-69a re penalties for violation of section.
Cited. 126 C. 682.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-15. Penalty. (a) Any parent or guardian who permits any minor to be employed in violation of section 31-12, 31-13 or 31-14 shall be subject to penalties under sections 31-15a and 31-69a.
(b) A certificate of the age of a person made as provided in section 10-193 shall be conclusive evidence of such person's age upon the trial of any person other than the parent or guardian for violation of any provision of said section 31-12, 31-13 or 31-14.
(c) Nothing in this chapter shall affect the provisions of section 10-184.
(1949 Rev., S. 7346; P.A. 86-333, S. 25, 32; P.A. 97-263, S. 7; P.A. 98-210, S. 4; P.A. 06-139, S. 10.)
History: P.A. 86-333 deleted reference to repealed Sec. 10-189; P.A. 97-263 doubled the amount of all fines; P.A. 98-210 replaced the term “minor” with the term “person” throughout section and added alphabetic Subsec. indicators and numeric Subdiv. indicators; P.A. 06-139 deleted former Subsec. (a) re penalties for violation of Sec. 31-14, redesignated existing Subsecs. (b), (c) and (d) as Subsecs. (a), (b) and (c), respectively, amended Subsec. (a) to reference penalties under Secs. 31-15a and 31-69a, and made a technical change in Subsec. (b), effective January 1, 2007.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-15a. Criminal penalty. Any employer, officer, agent or other person who violates any provision of section 31-12, 31-13 or 31-14, subsection (a) of section 31-15 or section 31-18, 31-23 or 31-24 shall be guilty of a class D felony for each offense, except that such person shall be fined not less than two thousand dollars or more than five thousand dollars for each offense.
(P.A. 06-139, S. 7; P.A. 07-217, S. 144; P.A. 13-258, S. 96.)
History: P.A. 06-139 effective January 1, 2007; P.A. 07-217 made a technical change, effective July 12, 2007; P.A. 13-258 substituted provision re class D felony for imprisonment of not more than 5 years.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-16. Night work in messenger service. No person under the age of eighteen years shall be employed by any messenger company, in cities having a population of twenty thousand or over, to distribute, transmit or deliver goods or messages between the hours of ten o'clock at night and five o'clock in the morning. The manager of the office of any corporation who violates any provision of this section shall be fined not more than fifty dollars for each day of such employment. The provisions of this section shall not apply to persons under the age of eighteen who have graduated from a secondary educational institution.
(1949 Rev., S. 7347; P.A. 85-28, S. 4; P.A. 97-263, S. 8; P.A. 14-134, S. 36.)
History: P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 97-263 increased amount of fine from $20 to $50; P.A. 14-134 deleted reference to telegraph company, effective June 6, 2014.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-17. Hours of labor of minors and women in bowling alleys, shoe-shining establishments, billiard and pool rooms. Section 31-17 is repealed.
(1949 Rev., S. 7348; 1963, P.A. 159.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-18. Hours of labor of minors in certain other establishments. (a) No public restaurant, cafe, dining room, barber shop, hairdressing or manicuring establishment, amusement or recreational establishment, bowling alley, shoe-shining establishment, billiard or pool room or photograph gallery shall employ or permit to work any person under eighteen years of age (1) between the hours of ten o'clock in the evening and six o'clock in the morning, provided any person between sixteen and eighteen years of age may be employed in any amusement or recreational establishment, restaurant, cafe or dining room, or employed in any theater until twelve o'clock midnight unless such person is regularly attending school in which case such person may be employed until eleven o'clock in the evening on days which precede a regularly scheduled school day and until twelve o'clock midnight during any regular school vacation season and on days which do not precede a regularly scheduled school day, and (2) more than (A) six hours in any regularly scheduled school day unless the regularly scheduled school day immediately precedes a nonschool day or eight hours in any other day, and (B) thirty-two hours in any calendar week during which the school in which such person is enrolled is in session or forty-eight hours in any other calendar week during which the school in which such person is enrolled is not in session. Notwithstanding any provision of this section, the number of hours such person participates in a work experience that is part of an approved educational plan, cooperative program or school-to-work program shall not be counted against the daily or weekly limits set forth in this section.
(b) The hours of labor of such persons shall be conspicuously posted in such establishment in such form and manner as the Labor Commissioner determines.
(c) The provisions of this section shall not apply to any person under eighteen years of age who has graduated from a secondary educational institution.
(1949 Rev., S. 7349; 1963, P.A. 160; 1971, P.A. 479; P.A. 73-83, S. 2, 3; 73-84; 73-616, S. 63; P.A. 77-204; P.A. 81-114; P.A. 85-28, S. 5; P.A. 97-263, S. 9; P.A. 98-210, S. 5; P.A. 06-139, S. 3; P.A. 12-197, S. 35; P.A. 17-202, S. 83.)
History: 1963 act extended applicability to cover amusement or recreational establishments, bowling alleys, shoe-shining establishments and billiard or pool rooms; 1971 act added provision re employment of minors between 16 and 18 years old who do not regularly attend school, in restaurants, cafes or dining rooms; P.A. 73-83 deleted provision prohibiting employment of women for more than nine hours a day in specified establishments and extended nine-hour limit to persons 66 or older, handicapped persons and disabled veterans; P.A. 73-84 allowed employment of persons 16 to 18 years old who do not regularly attend school, in restaurants, cafes and dining rooms until midnight rather than eleven p.m. as was previously the case; P.A. 73-616 extended midnight limit for employment of minors in eating establishments to persons who regularly attend school, during vacations and days which do not precede school days; P.A. 77-204 made provisions re minors between 16 and 18 years old applicable to those employed as ushers in nonprofit theaters; P.A. 81-114 allowed minors who regularly attend school to work in restaurants, cafes or theaters until eleven o'clock in the evening on days preceding school days and replaced alphabetic Subdiv. indicators with numeric indicators; P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 97-263 increased the amount of fine from $100 to $200; P.A. 98-210 allowed employment of persons between 16 and 18 years of age who do not regularly attend school, in amusement and recreational establishments and for-profit theaters until midnight rather than ten p.m. as was previously the case, limited employment of persons between 16 and 18 years of age who regularly attend school, in public restaurants, cafes, dining rooms, barber shops, bowling alleys, hairdressing, manicuring, amusement, recreational or shoe shining establishments while school is in session, deleted the exemption for hotel establishments, created an exemption for graduates under 18 years of age, replaced the term “minor” with the term “person” throughout the section and added alphabetic Subsec. indicators and numeric Subdiv. indicators; P.A. 06-139 deleted former Subsec. (d) re penalty for violation of section, effective January 1, 2007; P.A. 12-197 amended Subsec. (a)(1)(B) and (C) by adding provisions allowing certification by an advanced practice registered nurse; P.A. 17-202 amended Subsec. (a)(1) by deleting Subparas. (A) to (C) re persons 66 years of age or older, handicapped persons and disabled veterans, respectively, and making technical changes.
See Secs. 31-15a, 31-69a re penalties for violation of section.
Former statute a valid exercise of police power; women entertainers within statute. 126 C. 678.
Constitutionality; prohibition of employment of females between designated hours in certain establishments held to be valid exercise of police powers. 14 CS 485.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-19 and 31-20. Employment of women between one a.m. and six a.m. Hours of women entertainers. Sections 31-19 and 31-20 are repealed.
(1949 Rev., S. 7350, 7351; 1949, S. 3011; 1972, P.A. 127, S. 60; P.A. 74-185, S. 5.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-21. Legal day's work. Subject to the provisions of subsection (b) of section 51-247a, eight hours of labor performed in any one day by any one person shall be a legal day's work unless otherwise agreed.
(1949 Rev., S. 7355; P.A. 08-103, S. 4.)
History: P.A. 08-103 inserted “Subject to the provisions of subsection (b) of section 51-247a”.
Statute is superseded by agreement express or implied; earnings on excess above 8 hours, in absence of agreement, not recoverable. 37 C. 221.
Cited. 18 CS 158.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-22. Labor Commissioner's duties of enforcement and reports. Section 31-22 is repealed, effective June 18, 2013.
(1949 Rev., S. 7370; September, 1957, P.A. 11, S. 13; P.A. 74-185, S. 2; P.A. 13-140, S. 22.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-22a to 31-22l. Reserved for future use.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-22p. (Formerly Sec. 31-51d). Labor Commissioner's powers and duties. The Labor Commissioner, with the advice and guidance of the council, shall formulate work training standards which will ensure necessary safeguards for the welfare of apprentices and a full craft experience in any skill, in order to provide equal opportunities to all, without regard to their race, color, religion, sex, gender identity or expression, age or national origin, and to provide training, employment and upgrading opportunities for disadvantaged workers to acquire a comprehensive skilled work experience and to extend the application of such standards of skill training by inclusion thereof in apprenticeship agreements, and shall bring together representatives of management and labor for the development of training programs and terms of apprenticeship incidental thereto and cooperate with state and federal agencies similarly interested in furtherance of training requirements in keeping with established and new processes of Connecticut industries. The Labor Commissioner shall publish information relating to existing and proposed work standards of apprenticeship, hold area conferences throughout the state for the purpose of promoting interest in skilled trades training and appoint such advisory committees as may be deemed necessary to evaluate the skilled manpower requirements of Connecticut in order to cope with any new technological changes in industry.
(1959, P.A. 390, S. 4; 1969, P.A. 743, S. 1; P.A. 11-55, S. 15.)
History: 1969 act deleted reference to cooperative effort of representatives of industry, labor and education in formulation of standards, required that standards provide equal opportunities “to all, without regard to their race, color, religion, sex, age or national origin” and that they provide training, employment and upgrading opportunities for disadvantaged workers, and made publication of information re apprenticeship standards, holding of conferences, etc. mandatory rather than optional, substituting “shall” for “may”; Sec. 31-51d transferred to Sec. 31-22p in 2005; P.A. 11-55 prohibited discrimination on basis of gender identity or expression.
Annotation to former section 31-51d:
Cited. 243 C. 66.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-22q. (Formerly Sec. 31-51e). Program of apprentice training. Informational campaign. (a) To assist in the administration of sections 31-22m to 31-22q, inclusive, and 31-22u, there shall continue to be maintained in the Labor Department a program of apprentice training. The Labor Commissioner is authorized to appoint, in accordance with the provisions of chapter 67, such personnel as may be necessary for effective administration of said sections.
(b) Not later than January 1, 2015, and annually thereafter, the Labor Department shall develop or approve an informational campaign to distribute to Workforce Investment Boards, CTWorks One-Stop Career Centers and similar job centers within the state. The informational campaign shall include a description of the program of apprentice training maintained in the department and shall address common misperceptions regarding such program and the various opportunities and benefits that apprenticeship training may provide for unemployed individuals within the state.
(1959, P.A. 390, S. 5; P.A. 77-614, S. 480, 610; P.A. 14-131, S. 9; 14-225, S. 3.)
History: P.A. 77-614 referred to “program” of apprentice training rather than to “division” of apprentice training in the labor department, effective January 1, 1979; Sec. 31-51e transferred to Sec. 31-22q in 2005; P.A. 14-131 added reference to Sec. 31-22u; P.A. 14-225 designated existing provisions as Subsec. (a) and added Subsec. (b) re development or approval of informational campaign.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-22r. Apprenticeship registration; apprentices, sponsors. (a)(1) Each person who registered as an apprentice with the Labor Department before July 1, 2003, and has not completed an apprenticeship as of July 9, 2003, shall pay to the Labor Department a registration fee of twenty-five dollars on or before July 1, 2003, and a renewal registration fee of twenty-five dollars on or before July first of each subsequent year until (A) such registration is withdrawn, or (B) such person has completed an apprenticeship and possesses a valid journeyperson card of occupational license, if required.
(2) Each person who initially registers as an apprentice with the Labor Department on or after July 1, 2003, shall pay to the Labor Department a registration fee of fifty dollars at the time of registration and an annual renewal registration fee of fifty dollars until (A) such registration is withdrawn, or (B) such person has completed an apprenticeship and possesses a valid journeyperson card of occupational license, if required.
(b) Each person sponsoring an apprenticeship program registered with the Labor Department as of July 1, 2003, shall pay to the Labor Department an annual registration fee of sixty dollars for each apprentice participating in such program until the apprentice has completed the apprenticeship and possesses a valid journeyperson card of occupational license, if required, or such program is cancelled by the sponsor or deregistered for cause by the Labor Department in accordance with regulations adopted pursuant to this chapter, whichever is earlier.
(c) Fifty per cent of any amount collected by the Labor Department pursuant to this section shall be deposited in the General Fund and fifty per cent of such amount shall be credited to a separate nonlapsing appropriation to the Labor Department, for the purpose of administering the department's apprentice training program and sections 31-22m to 31-22p, inclusive.
(P.A. 03-207, S. 1; June Sp. Sess. P.A. 09-3, S. 368; Sept. Sp. Sess. P.A. 09-7, S. 108.)
History: P.A. 03-207 effective July 9, 2003; June Sp. Sess. P.A. 09-3 increased registration fees in Subsec. (a)(2) from $25 to $50, increased registration fee in Subsec. (b) from $30 to $60 and deleted provision re credit of amount collected to separate nonlapsing appropriation to Labor Department and purpose of same in Subsec. (c); Sept. Sp. Sess. P.A. 09-7 amended Subsec. (c) to provide that 50% of amount collected be credited to separate nonlapsing appropriation to Labor Department for purpose of apprentice training program and Secs. 31-22m to 31-22p.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-22t. (Formerly Sec. 31-51j). Preclusion of apprentice training programs prohibited. All collective bargaining clauses which, in the judgment of the federal or state contracting agency administering the contract, preclude, prohibit or in any way discourage employers or groups of employers from engaging in any federal, state or on-the-job apprentice training program approved by any federal or state agency so empowered shall be void and unenforceable. This section shall not apply to any collective bargaining agreement in effect on July 1, 1969, for the duration of such agreement.
(1969, P.A. 743, S. 2.)
History: Sec. 31-51j transferred to Sec. 31-22t in 2005.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-22v. Office of apprenticeship training. Internet web site. (a) Not later than March 1, 2017, the Labor Department shall update the department's Internet web site with regard to the office of apprenticeship training. Such update shall include, but need not be limited to:
(1) Simplification of the process by which current and prospective apprentices and employers may access comprehensive information relating to apprenticeship training on the department's Internet web site;
(2) An accurate list of occupations in which apprentices are employed in the state and the number of apprentices participating in each occupation within the previous calendar year; and
(3) Comprehensive information regarding apprenticeship coursework, including, but not limited to, a list of apprenticeship coursework providers, the Internet web site addresses for such apprenticeship coursework providers, the locations of such apprenticeship coursework providers, the occupations in which such apprenticeship coursework providers offer apprenticeship coursework and the costs associated with such apprenticeship coursework, which shall be accompanied by a disclaimer that cost information is only one factor to be considered in selecting coursework. The department may provide electronic links to such information.
(b) The department shall update the information described in subdivisions (2) and (3) of subsection (a) of this section as often as practicable, but not less than annually, to improve the efficiency by which current and prospective apprentices and employers may engage in apprenticeships in the state.
(P.A. 16-114, S. 2; P.A. 17-60, S. 11.)
History: P.A. 16-114 effective June 3, 2016; P.A. 17-60 deleted former Subsec. (c) re report by department re update to department's Internet web site, effective July 1, 2017.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-23. Employment of minors prohibited in certain occupations. Exceptions. (a) No minor under sixteen years of age shall be employed or permitted to work in any manufacturing, mechanical, mercantile or theatrical industry, restaurant or public dining room, or in any bowling alley, shoe-shining establishment or barber shop, provided the Labor Commissioner may authorize such employment of any minor between the ages of fourteen and sixteen who is enrolled in (1) a public school in a work-study program as defined and approved by the Commissioner of Education and the Labor Commissioner or in a program established pursuant to section 10-20a, or (2) a summer work-recreation program sponsored by a town, city or borough or by a human resources development agency which has been approved by the Labor Commissioner, or both, and provided the prohibitions of this section shall not apply to any minor over the age of fourteen who is under vocational probation pursuant to an order of the Superior Court as provided in section 46b-140 or to any minor over the age of fourteen who has been placed on vocational parole by the Commissioner of Children and Families.
(b) (1) Notwithstanding the provisions of subsection (a) of this section, a minor who has reached the age of fourteen may be employed or permitted to work as a caddie or in a pro shop at any municipal or private golf course, and a minor who has reached the age of fifteen may be employed or permitted to work in any mercantile establishment, as a bagger, cashier or stock clerk, provided such employment is (A) limited to periods of school vacation during which school is not in session for five consecutive days or more except that such minor employed in a retail food store may work on any Saturday during the year; (B) for not more than forty hours in any week; (C) for not more than eight hours in any day; and (D) between the hours of seven o'clock in the morning and seven o'clock in the evening, except that from July first to the first Monday in September in any year, any such minor may be employed until nine o'clock in the evening. (2) (A) Each person who employs a fourteen-year-old minor as a caddie or in a pro shop at any municipal or private golf course pursuant to this section shall obtain a certificate stating that such minor is fourteen years of age or older, as provided in section 10-193, and (B) each person who employs a fifteen-year-old minor in any mercantile establishment pursuant to this subsection shall obtain a certificate stating that such minor is fifteen years of age or older, as provided in section 10-193. Such certificate shall be kept on file at the place of employment and shall be available at all times during business hours to the inspectors of the Labor Department. (3) The Labor Commissioner may adopt regulations, in accordance with the provisions of chapter 54, as the commissioner deems necessary to implement the provisions of this subsection.
(c) No minor under the age of eighteen years shall be employed or permitted to work in any occupation which has been or shall be pronounced hazardous to health by the Department of Public Health or pronounced hazardous in other respects by the Labor Department. This section shall not apply to (1) the employment or enrollment of minors sixteen years of age and over as registered apprentices or registered preapprentices in a bona fide registered apprenticeship program or registered preapprenticeship program in manufacturing or mechanical establishments, technical education and career schools or public schools, (2) the employment of such minors who have graduated from a public or private secondary or technical education and career school in any manufacturing or mechanical establishment, (3) the employment of such minors who are participating in a manufacturing or mechanical internship, registered apprenticeship or registered preapprenticeship in any manufacturing or mechanical establishment, or (4) the enrollment of such minors in a cooperative work-study program approved by the Commissioner of Education and the Labor Commissioner or in a program established pursuant to section 10-20a. No provision of this section shall apply to agricultural employment, domestic service, street trades or the distribution of newspapers. For purposes of this subsection, (A) “internship” means supervised practical training of a high school student or recent high school graduate that is comprised of curriculum and workplace standards approved by the Department of Education and the Labor Department, (B) “cooperative work-study program” means a program of vocational education, approved by the Commissioner of Education and the Labor Commissioner, for persons who, through a cooperative arrangement between the school and employers, receive instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field, provided these two experiences are planned and supervised by the school and employers so that each contributes to the student's education and to his employability. Work periods and school attendance may be on alternate half days, full days, weeks or other periods of time in fulfilling the cooperative work-study program, (C) “apprentice” means a person (i) employed under a written agreement to work at and learn a specific trade, and (ii) registered with the Labor Department, and (D) “preapprentice” means a person, student or minor (i) 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 (ii) registered with the Labor Department.
(d) Each person who employs a minor under the age of eighteen years shall obtain a certificate stating the age of such minor as provided in section 10-193. Such certificates shall be kept on file at the place of employment and shall be available at all times during business hours to the inspectors of the Labor Department.
(1949 Rev., S. 7352; February, 1965, P.A. 186, S. 1; 1969, P.A. 203, S. 1; 498, S. 2; P.A. 73-49, S. 2, 3; P.A. 75-16; 75-282; P.A. 76-436, S. 617, 681; P.A. 77-614, S. 323, 610; P.A. 86-333, S. 26, 32; P.A. 87-195, S. 1; P.A. 88-360, S. 52, 53, 63; May Sp. Sess. P.A. 92-16, S. 85, 89; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 94-116, S. 27, 28; P.A. 95-257, S. 12, 21, 58; P.A. 97-38; 97-263, S. 10; P.A. 00-144, S. 3; P.A. 02-44, S. 1; P.A. 06-139, S. 4, 8; P.A. 08-108, S. 1; P.A. 12-116, S. 87; 12-154, S. 1; P.A. 13-261, S. 7; P.A. 17-237, S. 105; P.A. 18-126, S. 8.)
History: 1965 act authorized employment of minor between 14 and 16 years old who is enrolled in school in a work-study program in Subsec. (a); 1969 acts authorized employment of minors between 14 and 16 in summer work-recreation programs and specified that prohibitions of section do not apply to minors over 14 years old who are under vocational probation by order of juvenile court in Subsec. (a); P.A. 73-49 specified that provisions do not apply to minors over 14 years old who are placed on vocational probation by children and youth services commissioner in Subsec. (a); P.A. 75-16 defined “cooperative work-study program” in Subsec. (b) and specified that provisions do not apply to minors enrolled in such programs approved by state board of education and labor commissioner; P.A. 75-282 specified in Subsec. (b) that provisions do not apply to minors who have graduated from secondary or vocational schools who are employed in a manufacturing or mechanical establishment; P.A. 76-436 replaced juvenile court with superior court in Subsec. (a), effective July 1, 1978; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 86-333 deleted reference to repealed Sec. 10-189 in Subsec. (c); P.A. 87-195 inserted new Subsec. (b) permitting minors who are 15 years of age to work in any mercantile establishment as baggers, cashiers or stock clerks until September 30, 1992, with certain restrictions on the hours of work and relettered prior Subsecs. (b) to (d), inclusive, accordingly; P.A. 88-360 in Subsec. (b)(2) provided that the certificate be obtained pursuant to Sec. 10-193, i.e., from the superintendent of schools, rather than from the state board of education and in Subsec. (d) deleted the provision specifying that the certificate be obtained from the state board of education; May Sp. Sess. P.A. 92-16 amended Subsec. (b) by limiting employment of minors 15 years of age to school vacations of five consecutive days or longer and deleting provision limiting employment of such minors to not more than two consecutive days without a day off; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-116 replaced references to “state board” with “commissioner” and added a provision allowing minors to participate in the Connecticut career certificate program under Sec. 10-20a, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-38 amended Subsec. (b) to extend period a minor may work in any mercantile establishment to September 30, 2002; P.A. 97-263 amended Subsec. (e) to increase amount of fine from $100 to $200; P.A. 00-144 amended Subsec. (b) by adding provision permitting minor employed in a retail food store to work on any Saturday; P.A. 02-44 amended Subsec. (b) to extend period during which a minor may work in a mercantile establishment to September 30, 2007, and make technical changes; P.A. 06-139 amended Subsec. (b)(1) to permit employment of 14-year-old minor as caddie or in pro shop at municipal or private golf course, and added new Subsec. (b)(2)(A) requiring employer of 14-year-old minor as caddie or in pro shop to obtain certificate stating age of minor, designating existing provisions as Subpara. (B), effective June 6, 2006, and made a technical change in Subsec. (a) and deleted former Subsec. (e) re penalty for violation of section, effective January 1, 2007; P.A. 08-108 amended Subsec. (b)(1) by deleting “from September 20, 2002, to September 30, 2007, inclusive” and replacing “shall be” with “is”, effective June 2, 2008; pursuant to P.A. 12-116, “vocational schools” and “vocational school” were changed editorially by the Revisors to “technical high schools” and “technical high school”, respectively, in Subsec. (c), effective July 1, 2012; P.A. 12-154 amended Subsec. (c) by permitting employment of a minor participating in a manufacturing or mechanical internship in any manufacturing or mechanical establishment, adding definition of “internship” and making technical changes, effective July 1, 2012; P.A. 13-261 amended Subsec. (c) to make a technical change, effective July 11, 2013; P.A. 17-237 amended Subsec. (c) by replacing “technical high schools” with “technical education and career schools” in Subdiv. (1) and replacing “technical high school” with “technical education and career school” in Subdiv. (2), effective July 1, 2017; P.A. 18-126 amended Subsec. (c) by adding references to registered apprentices, registered preapprentices, registered apprenticeship and registered preapprenticeship, replacing “apprenticeship courses” with “registered apprenticeship program or registered preapprenticeship program”, and adding definition of “apprentice”.
See Secs. 22-13 to 22-17, inclusive, re employment of minors in agriculture.
See Secs. 31-15a, 31-69a re penalties for violation of section.
See Sec. 46b-140(g) re employment of certain children for whom continued school attendance is deemed to be of no benefit.
Child employed in violation of section is not thereby precluded from compensation for injury otherwise compensable. 95 C. 164. Former statute cited. 111 C. 232. Violation of statute as actionable cause of death. 129 C. 439. Although employed in violation of statute, plaintiff within workmen's compensation act. 131 C. 157. Cited. 203 C. 34; 221 C. 465.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-23a. Minors employed on or after October 1, 2007, deemed to have been lawfully employed. Notwithstanding the provisions of subsections (a) and (b) of section 31-23 in effect prior to June 2, 2008, any minor who reached the age of fifteen and was employed, on or after October 1, 2007, as a bagger, cashier or stock clerk shall be deemed to have been lawfully employed, provided such employment was in accordance with the provisions of subparagraphs (A) to (D), inclusive, of subdivision (1) of subsection (b) of said section 31-23. Any person who employed such minor shall not be deemed (1) to have violated the provisions of subsection (a) of said section 31-23, or (2) subject to the penalties of section 31-15a or 31-69a.
(P.A. 08-108, S. 2.)
History: P.A. 08-108 effective June 2, 2008.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-24. Hazardous employment of children forbidden. Except in technical education and career schools or in public schools teaching manual training, no child under sixteen years of age shall be employed or permitted to work in adjusting or assisting in adjusting any belt upon any machine, or in oiling or assisting in oiling, wiping or cleaning machinery, while power is attached, or in preparing any composition in which dangerous acids are used, or in soldering, or in the manufacture or packing of paints, dry colors or red or white lead, or in the manufacture, packing or storing of gun or blasting powder, dynamite, nitroglycerine compounds, safety fuses in the raw or unvarnished state, electric fuses for blasting purposes or any other explosive, or in the manufacture or use of any dangerous or poisonous gas or dye, or composition of lye in which the quantity thereof is injurious to health, or upon any scaffolding, or in any heavy work in any building trade or in any tunnel, mine or quarry, or in operating or assisting to operate any emery, stone or buffing wheel; and, except as otherwise provided in subsection (b) of section 31-23, no child under sixteen years of age shall be employed or permitted to work in any capacity requiring such child to stand continuously.
(1949 Rev., S. 7353; P.A. 74-185, S. 3; P.A. 87-195, S. 2; P.A. 97-263, S. 11; P.A. 06-139, S. 5; P.A. 12-116, S. 87; P.A. 17-237, S. 106.)
History: P.A. 74-185 prohibited employment of all children under 16, regardless of sex, in capacity which requires continuous standing where previously prohibition applied to females only; P.A. 87-195 allowed children under 16 years of age to work in jobs requiring them to stand continuously as provided in Sec. 31-23; P.A. 97-263 increased amount of fine from $100 to $200; P.A. 06-139 eliminated provision re penalty for violation of section, effective January 1, 2007; pursuant to P.A. 12-116, “vocational schools” was changed editorially by the Revisors to “technical high schools”, effective July 1, 2012; P.A. 17-237 replaced “state technical high schools” with “technical education and career schools”, effective July 1, 2017.
See Secs. 31-15a, 31-69a re penalties for violation of section.
Cited. 243 C. 66.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-25. Operation of elevators by minors. No person under sixteen years of age shall be employed or permitted to have the care, custody, operation or management of an elevator; any person, partnership or corporation violating this provision shall be fined not more than fifty dollars for each offense. No person under eighteen years of age shall be employed or permitted to have the care, custody, management or operation of an elevator, either for freight or passengers, running at a speed of over two hundred feet per minute; any person, whether acting for himself or as agent for another, who authorizes or permits the employment of any person in violation of this provision shall be fined not more than two hundred dollars.
(1949 Rev., S. 7354; P.A. 97-263, S. 12.)
History: P.A. 97-263 doubled the amount of both fines.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-26 and 31-27. Employment of women before and after confinement. Seats to be provided for female employees. Sections 31-26 and 31-27 are repealed.
(1949 Rev., S. 7357, 7368; 1972, P.A. 53, S. 1; P.A. 74-185, S. 5.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-28. Registration of manufacturing and mechanical establishments. Section 31-28 is repealed, effective October 1, 2012.
(1949 Rev., S. 3748; P.A. 12-80, S. 193.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-29. Manufacturing license for residential buildings. No person, except a member of the immediate family residing in a dwelling house, tenement house, rooming house, apartment house or other residential building, and no firm, partnership or corporation shall use such building, in whole or in part, for the manufacture of any products, or parts thereof, until the owner thereof has obtained from the Labor Commissioner a license authorizing its use for such purpose. Said commissioner shall, before granting such license, establish the fact, by thorough inspection, that the building conforms in every respect to the requirements of the general statutes relating to heat, light, safety, health, ventilation and sanitation. The fee for such inspection, which shall accompany such application, shall be twenty-five dollars, payable, whether a license is granted or not, to the Labor Department.
(1949 Rev., S. 3762.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-30. Home workers. Any person, other than a member of the immediate family residing therein, who, or firm, partnership or corporation which, engages in the manufacture of any products, or parts thereof, in any dwelling house, tenement house, rooming house, apartment house or other residential building, which has been licensed in accordance with section 31-29, shall conform in every respect to the provisions of the general statutes governing the registration and operation of manufacturing and mechanical establishments. Any member or members of the immediate family residing in any dwelling house, tenement house, rooming house, apartment house or other residential building, whether licensed for such purpose or not, may use such place of residence for the purpose of manufacturing products, or parts thereof, either on their own behalf, or on behalf of other manufacturing or mechanical establishments located within the state as hereinafter provided. Such home workers shall conform in every respect to the provisions of the general statutes governing the working hours and conditions of women and minors in manufacturing and mechanical establishments, and, in the observance thereof, they shall be subject to inspection under the supervision of said commissioner. Said commissioner shall report to the board of health, humane society or other agency having jurisdiction any condition believed to be unhealthful, insanitary or otherwise prejudicial to the well-being of such home workers, in order that such condition may be investigated and corrected by such agency.
(1949 Rev., S. 3763.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-31. Records of home workers and materials. Manufacturing and mechanical establishments may furnish materials to be manufactured in whole or in part by home workers, if such establishments are located within the state and subject to inspection and supervision by said commissioner or other agencies, as authorized by the general statutes, for the protection of life and health. Such establishments shall record the names and home addresses of all persons to whom materials for manufacturing purposes have been furnished and all payments made to such persons for work thus performed. All such records shall be preserved at least three years. They shall be accessible, during the actual operating hours of such establishments, to said commissioner or his representatives upon presentation of properly executed credentials, in order that the inspection and supervision of home work as provided by section 31-30 may be conducted freely and expeditiously at the discretion of said commissioner.
(1949 Rev., S. 3764.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-32. Penalty. Any person who, or firm, partnership or corporation which, violates any provision of sections 31-29 to 31-31, inclusive, shall be fined not more than five hundred dollars for each separate offense.
(1949 Rev., S. 3765.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-33. Regulation of industrial home work. Section 31-33 is repealed, effective October 1, 2012.
(1949 Rev., S. 3766; P.A. 95-79, S. 106, 189; P.A. 05-288, S. 135; P.A. 12-80, S. 193.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-34. Stained glass windows. Section 31-34 is repealed, effective October 1, 2002.
(1949 Rev., S. 3750; P.A. 02-89, S. 90.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-35. Lighting and sanitary condition of factories and roundhouses. Section 31-35 is repealed.
(1949 Rev., S. 3751; P.A. 73-379, S. 20, 21.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-36. Toilet room required in foundries. Penalty. The commissioner shall have authority by order to that effect to require the proprietor of any foundry in which ten or more persons are employed, situated in a locality where there is such system for the disposal of sewage as to make such order practicable, to provide for the use of such employees a toilet room of such suitable dimensions as said commissioner determines, containing washbowls or sinks connected with running water, with facilities for heating the same, such room to be directly connected with such foundry building, properly heated, ventilated and protected from the dust of such foundry. Any person, company or corporation failing to comply with such order shall be fined not more than fifty dollars.
(1949 Rev., S. 3752; P.A. 74-185, S. 4.)
History: P.A. 74-185 referred to foundries which employed ten or more “persons” rather than “men”.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-37. Toilet accommodations in manufacturing, mechanical and mercantile establishments and restaurants. Section 31-37 is repealed.
(1949 Rev., S. 3753; February, 1965, P.A. 324; P.A. 73-379, S. 20, 21.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-38. Toilet accommodations on tobacco plantations. Any person, firm or corporation employing twenty-five or more laborers on a tobacco plantation, which fails to provide adequate toilet accommodations for such employees, so arranged as to secure reasonable privacy for both sexes of such employees, shall be fined not less than twenty dollars nor more than one hundred dollars.
(1949 Rev., S. 8638.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-38a and 31-38b. Sanitary, lighting and heating facilities for railroad employees. Commissioner to enforce. Sections 31-38a and 31-38b are repealed, effective June 11, 2014.
(1959, P.A. 126, S. 1–3; P.A. 77-2, S. 3, 4; P.A. 14-187, S. 55.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-39. Employees in paper factory to be vaccinated. Section 31-39 is repealed.
(1949 Rev., S. 7358; P.A. 87-134.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-39a. Operation of hydraulic loading and unloading equipment at resources recovery facilities. (a) Except as provided in subsection (b) of this section, each owner or operator of a resources recovery facility, as defined in section 22a-207, that (1) serves more than four municipalities, and (2) employs a floor level feed system to load solid waste into a combustion unit, but does not use overhead cranes to load municipal solid waste into the waste feed hoppers, shall have, during such times as solid waste is being moved with hydraulic loading or unloading equipment, at least two employees of the facility familiar with the operation of such equipment present in the work area in which such equipment is being operated.
(b) No resources recovery facility shall be required to comply with the provisions of subsection (a) of this section if such facility has (1) a properly working camera trained on and with an unobscured view of the feed hopper area, or (2) a device that stops the feeder from operating whenever a person enters onto the feed hopper.
(P.A. 07-136, S. 1.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40. Reporting serious accidents in establishments or work places under jurisdiction of Labor Commissioner. Except as otherwise provided by law, the person in active charge of any establishment or work place coming under the jurisdiction of the Labor Commissioner shall forward by mail to the commissioner at his office, within fifteen days after each accident resulting in serious physical injury to an employee while at work in such establishment or work place, a written notice of every such accident of which he has knowledge, which notice shall state the name of the injured employee, the time of the accident and the nature of the injury and shall also contain a general description of the location in the establishment and of the character of the machine, if any, upon which the employee was at work at the time. The commissioner shall forthwith transmit to the person in charge of such establishment a written acknowledgment of the receipt of such notice, and shall keep a record of such accidents thus reported to him. Such records, notices and reports to the commissioner and any investigation made by him or his deputies or agents shall be privileged and confidential and shall not be open for examination or inspection, and neither such commissioner nor any of his deputies or agents shall be a competent witness as to the facts involved in such accident in any proceeding pending in any court, unless such commissioner, deputy or agent was present at the time of the occurrence of the accident. The term “accident resulting in serious physical injury”, as used in this section, shall be construed to mean an accident which results in the death of the employee or causes his absence from work for at least one week. Any person, after having received from the commissioner forms for such notices, who fails to send notice of any accident as required by this section, shall be fined not more than twenty dollars.
(1949 Rev., S. 3754; 1967, P.A. 444.)
History: 1967 act deleted reference to Hartford as location of commissioner's office, deleted reference to “manufacturing or mercantile” establishments and added reference to work places under commissioner's jurisdiction.
See Sec. 31-316 re employer's duty to record and report employees' injuries and to report insurance coverage and welfare fund payment provided to employees.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-40a and 31-40b. (Formerly Sec. 19-48). Reports of occupational diseases and investigations concerning them. Employers required to provide lung function test to certain employees. Sections 31-40a and 41-40b are repealed, effective May 23, 2022.
(1949 Rev., S. 3867; P.A. 73-449, S. 2; P.A. 77-445; P.A. 78-349, S. 1, 3; P.A. 79-376, S. 28; P.A. 80-132; P.A. 16-39, S. 56; P.A. 22-67, S. 17.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40c. Information and notice requirements for employers using or producing carcinogens. (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 a business of his employer.
(b) Each employer shall post a list of all carcinogenic substances, as described in sections 19a-329 and 19a-331, which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment. Such list shall be readily available for viewing by the employees. Such list shall be updated to reflect any changes to sections 19a-329 and 19a-331 within ninety days of the effective date of such changes.
(c) Upon offering employment to a prospective employee and on January first of each year each employer shall furnish to each of his employees a list of all such carcinogenic substances which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment, and the dangers inherent in exposure to such substances.
(d) Each employer shall provide an education and training program for his new employees, during the first month of their employment, adequately describing the presence of such carcinogenic substances which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment, the dangers inherent in exposure to such substances and proper methods for avoiding harmful effects from such substances by keeping exposure within the allowable limits set by regulations promulgated by the Federal Occupational Safety and Health Administration.
(e) Any person who supplies such carcinogenic substances to an employer shall label all such substances by generic or basic chemical name only and shall provide safe handling procedures for such substances.
(P.A. 80-257, S. 1–5; P.A. 95-79, S. 107, 189.)
History: P.A. 95-79 amended Subsec. (a) to redefine “person” to include limited liability companies, effective May 31, 1995.
Cited. 243 C. 66.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40d. Complaints of violations. Inspections. Discrimination prohibited. (a) Any employee or representative of employees who believes that there is a violation by the employer of such employee of any provisions of section 31-40c may request an inspection by filing a complaint of such violation with the Labor Commissioner. The complaint shall be in writing, signed and set forth with reasonable particularity the grounds for the complaint. Within a reasonable period of time after receipt of such complaint, the Labor Commissioner shall notify the employer in writing of the complaint and permit the employer to demonstrate compliance with the provisions of section 31-40c. If such compliance has not been demonstrated to the satisfaction of the commissioner within fourteen days of the mailing of the notification, the commissioner or his authorized representative, upon presenting appropriate credentials to the employer, operator or agent in charge, shall inspect, at reasonable times, the employer's workplace and all conditions pertinent to the grounds of the complaint and shall, in a reasonable manner, make any additional investigation deemed necessary by the commissioner or his representative for the full and effective determination of such employer's compliance with the provisions of section 31-40c. Whenever the commissioner or his authorized representative, proceeding pursuant to this section, is denied admission to any such place of employment, he shall obtain a warrant to make an inspection or investigation of such place of employment from any judge of the Superior Court. Any judge of the Superior Court within the state is authorized to issue a warrant pursuant to this section and shall issue such warrant whenever he is satisfied that the following conditions are met: That the individual seeking the warrant is a duly authorized agent of the department; and that such individual has established under oath or affirmation that the place of employment to be investigated in accordance with this section is to be inspected to determine compliance or noncompliance with the requirements of section 31-40c.
(b) An employer shall not discriminate against or discipline, in any manner, any employee because such employee has filed a complaint of violations of section 31-40c, as provided in this section, or has assisted the commissioner or his authorized representative in the investigation of such a complaint.
(P.A. 81-291, S. 1.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40e. Order to comply. Citation. Hearing. Appeal. (a) If, upon inspection or investigation of a complaint, the Labor Commissioner or his authorized representative believes that an employer has violated any requirements of section 31-40c, he shall with reasonable promptness issue to the employer an order to comply. Such order shall be in writing and shall specifically describe the nature of the violation, and shall state a reasonable time period within which the violation must be corrected by the employer. If such violation has not been corrected within such time period, the Labor Commissioner or his authorized representative shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall specifically describe the nature of the violation, and shall state a reasonable time period within which the violation must be corrected by the employer.
(b) The employer may request the commissioner to provide a hearing concerning any orders to comply, citations or penalties issued to the employer under the provisions of this section or section 31-40d or 31-40f, and such hearing shall then be afforded in accordance with sections 4-176e to 4-181a, inclusive. The employer may appeal the final decision of such hearing in accordance with section 4-183.
(P.A. 81-291, S. 2; P.A. 88-317, S. 90, 107.)
History: P.A. 88-317 amended reference to Secs. 4-177 to 4-181 in Subsec. (b) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40f. Penalties. Duties of Labor Commissioner. Private right of action. (a) Any employer who has received a citation for a violation of the requirements of section 31-40c may be assessed a civil penalty of not more than one thousand dollars for each such violation.
(b) Any employer who fails to correct a violation for which a citation has been issued under the provisions of section 31-40d or 31-40e within the period permitted for its correction may be assessed a civil penalty of not more than one thousand dollars for each day during which such failure or violation continues.
(c) Any person who gives advance notice of any inspection to be conducted under section 31-40d or 31-40e, without authority from the Labor Commissioner or his designees, shall be assessed a civil penalty of not more than one thousand dollars.
(d) Any person who knowingly makes any false statement, representation or certification in any list, record or other document required to be maintained pursuant to section 31-40c shall be assessed a civil penalty of not more than ten thousand dollars.
(e) Any employer or individual who refuses entry to any authorized representative of the Labor Commissioner while such representative is attempting to conduct an investigation or inspection pursuant to the provisions of section 31-40d or 31-40e, or in any way wilfully obstructs him from carrying out his investigation or inspection, shall be assessed a civil penalty of not more than one thousand dollars.
(f) Any employer or individual who wilfully causes bodily harm to any authorized representative of the Labor Commissioner while such representative is attempting to conduct an investigation or inspection pursuant to the provisions of section 31-40d or 31-40e, shall be assessed a civil penalty of not more than ten thousand dollars.
(g) The Labor Commissioner shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer or owner being charged, the gravity of the violation, the good faith of the employer or owner, and the history of previous violations.
(h) Civil penalties owed under this section shall be paid to the commissioner for deposit into the Treasury of the state and may be recovered in a civil action in the name of the state of Connecticut brought in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office. The penalties collected shall be used to defray the costs of enforcement of section 31-40c, as provided in sections 31-40d and 31-40e and this section.
(i) If an employer has not made timely correction of the violation stated in an order to comply issued according to the provisions of sections 31-40d and 31-40e, and the Labor Commissioner or his authorized representative has not issued a citation for such violation within sixty days of the expiration of such order to comply, any employee of such employer may bring a civil action for judicial enforcement of the requirements of section 31-40c, in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office.
(P.A. 81-291, S. 3.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40g. Information requirements for employers using or producing substances hazardous to reproductive systems. Upon offering employment to a prospective employee, each employer shall inform the prospective employee of any chemicals, toxic substances, radioactive materials or any other substances which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment, which the employer should have reasonable cause to believe will cause birth defects or constitute a hazard to an individual's reproductive system or to a fetus when the individual is exposed to any of such substances in the course of his job assignment. Such information shall be made available to current employees who are exposed to such hazards.
(P.A. 81-382, S. 3.)
Cited. 243 C. 66.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40h. Sterilization as condition of employment prohibited. No employer, including the state or any political subdivision thereof, shall condition the employment, transfer or promotion of any individual on the sterilization of such individual.
(P.A. 81-382, S. 4.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40i. Enforcement. Private right of action. If an employer has violated any of the provisions of section 31-40h, any individual aggrieved by such violation may bring a civil action for judicial enforcement of such provisions in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office. Any individual who prevails in such civil action shall be awarded reasonable attorney's fees and costs to be taxed by the court.
(P.A. 81-382, S. 5.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40j. Definitions. As used in sections 31-40j to 31-40p, inclusive:
(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 who may be exposed under normal operating conditions or foreseeable emergencies to toxic substances while engaged in service to an employer in a business of his employer. For the purposes of this subdivision, “emergency” means any occurrence such as, but not limited to, equipment failure, rupture of containers or failure of control equipment which may or does result in an uncontrolled release of a toxic substance.
(4) “Toxic substance” means any substance: (A) Which has been identified as an air contaminant under the Occupational Safety and Health Standards, Code of Federal Regulations, Title 29, Chapter XVII, Subpart Z, Section 1910.1000, and (B) which an employer uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment. “Toxic substance” shall not include carcinogenic substances, as described in sections 19a-329 and 19a-331.
(5) “Trade secret” means any unpatented, secret, commercially valuable plan, appliance, formulation or process which is used for the making, preparing, compounding, treating or processing of articles or materials which are trade commodities obtained from a person and which are recognized by law as confidential.
(P.A. 82-251, S. 1, 8; P.A. 95-79, S. 108, 189.)
History: P.A. 82-251 effective July 1, 1983; P.A. 95-79 redefined “person” to include limited liability companies, effective May 31, 1995.
Cited. 243 C. 66.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40k. Employee's right to information concerning toxic substances. Employer's list. (a) Each employer shall post a sign, at a location readily available for viewing by employees, which informs the employees that they have the right to information from their employer regarding the toxic substances which the employer uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment.
(b) On January 1, 1984, and annually thereafter, the employer shall furnish to the Labor Department a list of all such toxic substances.
(c) Each employee, or his representative, may request in writing from his employer all information relating to toxic substances, as provided in section 31-40l. If an employee, or his representative, has made a request for information on such a substance, and the employer has not supplied such information within five working days, the employer shall not require the employee to work with the substance until the information has been provided to the employee.
(P.A. 82-251, S. 2, 8.)
History: P.A. 82-251 effective July 1, 1983.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40l. Information requirements for employer using or producing toxic substances. (a) Each employer shall provide information on the toxic substances which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment, for each of his new employees, during the first month of their employment, as follows: (1) The name of the toxic substance, including generic or chemical name; (2) the location of toxic substances to which the employee may be exposed; (3) the properties of toxic substances to which employees may be exposed; (4) the acute and chronic effects of exposure at hazardous levels and the symptoms of effect of such exposure, to the extent such information is available from the manufacturer, the supplier, the Federal Occupational Safety and Health Administration and the Labor Department's Division of Occupational Safety and Health; (5) appropriate emergency treatment; (6) proper conditions for safe use of and exposure to such toxic substances; and (7) procedures for cleanup of leaks and spills of such toxic substances. All such information shall be provided, to the extent practicable, in informal and readily understandable language. Each employer shall also provide such information for any employee who is transferred from one job to another by the employer, within one month of such transfer, if the employee is exposed to additional toxic substances in his new job.
(b) Upon distribution of information to an employee under the provisions of subsection (a) of this section or subsection (c) of section 31-40k, the employer may require the employee to sign a statement acknowledging receipt of such information.
(P.A. 82-251, S. 3, 8.)
History: P.A. 82-251 effective July 1, 1983.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40m. Information requirements of supplier of toxic substances. Labor Department assistance. (a) Any person who supplies any toxic substance to an employer shall provide the following information to the employer: (1) The generic or basic chemical name of the toxic substance; (2) the level at which exposure to the substance is determined to be hazardous, if known; (3) the acute and chronic effects of exposure at hazardous levels; (4) the symptoms of such effects; (5) appropriate emergency treatment; (6) proper conditions for safe use and exposure to such toxic substance; (7) procedures for cleanup of leaks and spills of such toxic substance; and (8) a label on each container of any such substance which states, in a clearly legible and conspicuous form, that a toxic substance is contained therein, except that no such label shall be required for any container of alcoholic liquor, as defined in section 30-1, or food, as defined in section 21a-92.
(b) Upon request of an employer, the Labor Department shall provide such employer with all the information concerning the employer's toxic substances which is available to the department at the time of such request, and which is relevant to the information requirements of sections 31-40j to 31-40p, inclusive.
(P.A. 82-251, S. 4, 8; P.A. 83-511, S. 1, 4.)
History: P.A. 82-251 effective July 1, 1983; P.A. 83-511 amended Subsec. (a)(8) to exclude containers of food and alcoholic liquor from the labeling requirements.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40n. Trade secret protections. Registration with Labor Commissioner. When an employer or an employer's supplier claims that revealing the identity of a toxic substance, pursuant to the requirements of sections 31-40j to 31-40p, inclusive, would constitute the disclosure of a legally protectable trade secret, he may register this information as a trade secret with the Labor Commissioner. The commissioner shall assign a registry number to the substance. No employee of the Labor Department shall disclose to any person the identity of any substance so registered, except as required under the provisions of section 1-210. When responding to any request for information under the provisions of sections 31-40j to 31-40p, inclusive, such employer or supplier may refer to such substance by its registry number, and the employer or supplier shall not be required to reveal the name of such substance. All other information concerning such substance shall be provided by the employer or supplier as required by the provisions of sections 31-40j to 31-40p, inclusive.
(P.A. 82-251, S. 5, 8.)
History: P.A. 82-251 effective July 1, 1983.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40o. Discrimination prohibited. Waiver of rights void. (a) No employer shall discharge, or cause to be discharged, or in any manner discriminate against any employee who exercises the rights afforded to him pursuant to the provisions of sections 31-40j to 31-40p, inclusive, nor shall any pay, position, seniority or other benefits to which the employee may be entitled be lost because the employee exercised the rights provided by said sections.
(b) Any waiver by an employee or applicant for employment of the benefits or requirements of the provisions of sections 31-40j to 31-40p, inclusive, shall be against public policy and shall be null and void. Any employer's request or requirement that an employee waive any rights provided under said sections as a condition of employment shall constitute an act of discrimination, for purposes of this section.
(P.A. 82-251, S. 6, 8.)
History: P.A. 82-251 effective July 1, 1983.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40p. Severability. If any section, clause or provision of sections 31-40j to 31-40o, inclusive, shall be unconstitutional or be ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective and no other section, clause or provision shall on account thereof be deemed invalid or ineffective.
(P.A. 82-251, S. 7, 8.)
History: P.A. 82-251 effective July 1, 1983.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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 30-22aa, 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.
(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; P.A. 22-92, S. 3; 22-118, S. 512.)
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; P.A. 22-92 amended Subsec. (a)(4) by replacing reference to Sec. 30-23 with reference to Sec. 30-22aa in Subpara. (B) and deleting reference to bar area of establishment holding permit pursuant to Sec. 30-37c(a) in Subpara. (D), effective May 24, 2022; P.A. 22-118 made identical changes as P.A. 22-92, effective May 24, 2022.
Cited. 224 C. 666; 243 C. 66.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40r. Regulations establishing guidelines for exemptions from nonsmoking area requirements. Section 31-40r is repealed, effective October 1, 2003.
(P.A. 87-149, S. 2, 3; P.A. 03-45, S. 4.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40s. Smoking or use of tobacco products outside of the workplace. (a) No employer or agent of any employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his employment, or otherwise discriminate against any individual with respect to compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of his employment, provided any nonprofit organization or corporation whose primary purpose is to discourage use of tobacco products by the general public shall be exempt from the provisions of this section.
(b) Nothing contained in this section shall be construed to affect (1) the provisions of section 31-40q, (2) municipal hiring practices involving paid firefighters and paid police officers, and (3) any collective bargaining agreement between a municipality and paid firefighters or paid police officers.
(P.A. 91-271, S. 3; P.A. 03-45, S. 3.)
History: P.A. 03-45 deleted reference to repealed Sec. 31-40r in Subsec. (b)(1).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40t. Employee's right to act in case of hazardous conditions. Complaints to and investigations by Labor Commissioner. Hearings. Regulations. Section 31-40t is repealed, effective June 6, 2016.
(P.A. 91-33; P.A. 92-27; P.A. 95-79, S. 110, 189; P.A. 16-169, S. 35.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40u. Regulations establishing guidelines for use of video display terminals in state facilities. Section 31-40u is repealed, effective May 23, 2022.
(P.A. 93-228, S. 29, 35; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 12, 21, 58; P.A. 22-67, S. 17.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40v. Establishment of safety and health committees by certain employers. (a) In order to promote health and safety in places of employment in this state, each employer of twenty-five or more employees in this state, including the state and any political subdivision of the state, and each employer whose rate of work related injury and illness exceeds the average incidence rate of all industries in this state, shall administer a safety and health committee in accordance with regulations adopted pursuant to subsection (b) of this section. For purposes of this subsection, “incidence rate” means the number of federal Occupational Safety and Health Administration recordable injuries and illnesses per one hundred full-time employees.
(b) The chairman of the Workers' Compensation Commission, in consultation with the Labor Commissioner and in accordance with the provisions of chapter 54, shall adopt regulations to carry out the provisions of this section. The regulations shall (1) prescribe the membership of safety and health committees to ensure representation of employees and employers; (2) specify the frequency of committee meetings; (3) require employers to make, file and maintain adequate written records of each committee meeting subject to inspection by the chairman or his authorized designee; (4) require employers to compensate employee representatives at their regular hourly wage while the employee representatives are engaged in safety and health committee training or are attending committee meetings; (5) prescribe the duties and functions of safety and health committees, which shall include (A) establishing procedures for workplace safety inspections by the committee, (B) establishing procedures for investigating all safety incidents, accidents, illnesses and deaths, (C) evaluating accident and illness prevention programs, (D) establishing training programs for the identification and reduction of hazards in the workplace which damage the reproductive systems of employees, and (E) establishing training programs to assist committee members in understanding and identifying the effects of employee substance abuse on workplace accidents and safety; and (6) prescribe guidelines for the training of safety and health committee members.
(c) Notwithstanding the provisions of this section, each employer who, on July 1, 1993, has an existing health and safety program or other program determined by the chairman of the Workers' Compensation Commission to be effective in the promotion of health and safety in the workplace, shall not be required to comply with this section. The chairman of the Workers' Compensation Commission, in consultation with the Labor Commissioner, shall adopt regulations, in accordance with the provisions of chapter 54, establishing the criteria for evaluating such programs.
(P.A. 93-228, S. 28, 35.)
History: P.A. 93-228 effective July 1, 1993.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40x. Employer inquiries re employee's or applicant's personal online accounts. Exceptions. Enforcement. (a) For purposes of this section:
(1) “Applicant” means any person actively seeking employment from an employer;
(2) “Employee” means any person engaged in service to an employer in the business of his or her employer;
(3) “Employer” means any person engaged in business who has employees, including the state and any political subdivision thereof, except “employer” shall not include any state or municipal law enforcement agency conducting a preemployment investigation of law enforcement personnel;
(4) “Electronic communications device” means any electronic device that is capable of transmitting, accepting or processing data, including, but not limited to, a computer, computer network and computer system, as those terms are defined in section 53a-250, and a cellular or wireless telephone;
(5) “Personal online account” means any online account that is used by an employee or applicant exclusively for personal purposes and unrelated to any business purpose of such employee's or applicant's employer or prospective employer, including, but not limited to, electronic mail, social media and retail-based Internet web sites. “Personal online account” does not include any account created, maintained, used or accessed by an employee or applicant for a business purpose of such employee's or applicant's employer or prospective employer.
(b) Except as provided in subsection (c) of this section, no employer shall:
(1) Request or require that an employee or applicant provide such employer with a user name and password, password or any other authentication means for accessing a personal online account;
(2) Request or require that an employee or applicant authenticate or access a personal online account in the presence of such employer;
(3) Require that an employee or applicant invite such employer or accept an invitation from the employer to join a group affiliated with any personal online account of the employee or applicant;
(4) Discharge, discipline, discriminate against, retaliate against or otherwise penalize any employee who (A) refuses to provide such employer with a user name and password, password or any other authentication means for accessing his or her personal online account, (B) refuses to authenticate or access a personal online account in the presence of such employer, (C) refuses to invite such employer or accept an invitation from the employer to join a group affiliated with any personal online account of the employee, or (D) files, or causes to be filed, any complaint, whether verbally or in writing, with a public or private body or court concerning such employer's violation of this subdivision and subdivisions (1) to (3), inclusive, of this subsection; or
(5) Fail or refuse to hire any applicant as a result of his or her refusal to (A) provide such employer with a user name and password, password or any other authentication means for accessing a personal online account, (B) authenticate or access a personal online account in the presence of such employer, or (C) invite such employer or accept an invitation from the employer to join a group affiliated with any personal online account of the applicant.
(c) (1) An employer may request or require that an employee or applicant provide such employer with a user name and password, password or any other authentication means for accessing (A) any account or service provided by such employer or by virtue of the employee's employment relationship with such employer or that the employee uses for such employer's business purposes, or (B) any electronic communications device supplied or paid for, in whole or in part, by such employer.
(2) No employer shall be prohibited from discharging, disciplining or otherwise penalizing an employee or applicant that has transferred, without such employer's permission, such employer's proprietary information, confidential information or financial data to or from such employee or applicant's personal online account.
(d) Nothing in this section shall prevent an employer from:
(1) (A) Conducting an investigation for the purpose of ensuring compliance with applicable state or federal laws, regulatory requirements or prohibitions against work-related employee misconduct based on the receipt of specific information about activity on an employee's or applicant's personal online account, or (B) conducting an investigation based on the receipt of specific information about an employee's or applicant's unauthorized transfer of such employer's proprietary information, confidential information or financial data to or from a personal online account operated by an employee, applicant or other source. Any employer conducting an investigation pursuant to this subdivision may require an employee or applicant to allow such employer to access his or her personal online account for the purpose of conducting such investigation, provided such employer shall not require such employee or applicant to disclose the user name and password, password or other authentication means for accessing such personal online account; or
(2) Monitoring, reviewing, accessing or blocking electronic data stored on an electronic communications device paid for, in whole or in part, by an employer, or traveling through or stored on an employer's network, in compliance with state and federal law.
(e) Nothing in this section shall be construed to prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law or rules of self-regulatory organizations.
(f) Any employee or applicant may file a complaint with the Labor Commissioner alleging violations of subsection (b) of this section. Upon receipt of the complaint, the commissioner shall investigate such complaint and may hold a hearing. After the hearing, the commissioner shall send each party a written copy of his or her decision. Any employee or applicant who prevails in such hearing shall be awarded reasonable attorney's fees and costs.
(g) If the commissioner finds an employee has been aggrieved by an employer's violation of subdivision (1), (2), (3) or (4) of subsection (b) of this section, the commissioner may (1) levy against the employer a civil penalty of up to five hundred dollars for the first violation and one thousand dollars for each subsequent violation, and (2) award such employee all appropriate relief including rehiring or reinstatement to his or her previous job, payment of back wages, reestablishment of employee benefits or any other remedies that the commissioner may deem appropriate.
(h) If the commissioner finds an applicant has been aggrieved by an employer's violation of subdivision (1), (2), (3) or (5) of subsection (b) of this section, the commissioner may levy against the employer a civil penalty of up to twenty-five dollars for the first violation and five hundred dollars for each subsequent violation.
(i) Any party aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.
(j) The commissioner may request the Attorney General to bring an action in the Superior Court to recover the penalties levied pursuant to subsections (g) and (h) of this section.
(P.A. 15-6, S. 1; P.A. 16-169, S. 21, 22.)
History: P.A. 16-169 amended Subsecs. (d)(1) and (j) by making technical changes, effective June 6, 2016.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-40y. Employer harassment of and discrimination against interns prohibited. (a) For purposes of this section:
(1) “Employee” means any individual engaged in service to an employer in a business of such employer and receives compensation for such service;
(2) “Employer” means any person engaged in business in the state, including the state and any political subdivision thereof, that provides a position for an intern;
(3) “Intern” means an individual who performs work for an employer for the purpose of training, provided (A) the employer is not committed to hire the individual performing the work at the conclusion of the training period; (B) the employer and the individual performing the work agree that the individual performing the work is not entitled to wages for the work performed; and (C) the work performed (i) supplements training given in an educational environment that may enhance the employability of the individual, (ii) provides experience for the benefit of the individual, (iii) does not displace any employee of the employer, (iv) is performed under the supervision of the employer or an employee of the employer, and (v) provides no immediate advantage to the employer providing the training and may occasionally impede the operations of the employer;
(4) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons; and
(5) “Sexual harassment” means any unwelcome sexual advances, requests for sexual favors or any other conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an intern's internship; (B) submission to or rejection of such conduct by an intern or an individual seeking an internship is used as the basis for workplace decisions affecting such intern or individual; or (C) such conduct has the purpose or effect of substantially interfering with an intern's work performance or creating an intimidating, hostile or offensive working environment.
(b) No employer or agent of an employer shall:
(1) (A) Refuse to hire any individual seeking an internship or allow any intern to work; (B) bar or discharge any intern from providing internship services; or (C) discriminate against such intern in terms, conditions or privileges of service to the employer, because of the intern's race, color, religious creed, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness;
(2) Advertise any internship opportunity in a manner that would (A) restrict such internship to; or (B) discriminate against, individuals of a certain race, color, religious creed, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness;
(3) Discharge, expel or otherwise discriminate against an intern because such intern has opposed any discriminatory employment practice or because such intern has filed a complaint or testified or assisted in any proceeding under section 46a-82, 46a-83 or 46a-84; or
(4) Engage in any sexual harassment toward any intern or individual seeking an internship.
(c) The provisions of subdivisions (1) and (2) of subsection (b) of this section shall not apply in the case of a bona fide occupational qualification or need.
(P.A. 15-56, S. 1.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-41. Order to remove excessive dust. Section 31-41 is repealed.
(1949 Rev., S. 3755; P.A. 73-379, S. 20, 21.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-42. Appliances for threading shuttles. Each person, firm or corporation engaged in weaving shall furnish suitable appliances to permit the threading of shuttles without the necessity of the operator putting any thread into his mouth or touching any portion of the shuttle with his lips.
(1949 Rev., S. 3758.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-43. Public laundries; sanitation. Section 31-43 is repealed, effective October 1, 2018.
(1949 Rev., S. 3759; P.A. 18-168, S. 85.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-44. Penalty for violation of orders. Each owner, lessee or occupant of a factory or other building included within the provisions of this chapter, or owning or controlling the use of any room in such building, shall, for the violation of any provision of section 31-42, or for obstructing or hindering the commissioner or the commissioner's deputies in carrying out the duties imposed on them by law, be fined not more than fifty dollars; but no prosecution shall be brought for any such violation until four weeks after notice has been given by the commissioner to such owner, lessee or occupant of any changes necessary to be made to comply with the provisions of said sections, and not then if, in the meantime, such changes have been made in accordance with such notification. Nothing herein shall limit the right of a person injured to bring an action to recover damages.
(1949 Rev., S. 3761; P.A. 74-338, S. 34, 94; P.A. 02-89, S. 71; P.A. 18-168, S. 41.)
History: P.A. 74-338 deleted reference to repealed Sec. 31-35; P.A. 02-89 deleted reference to Sec. 31-34, reflecting repeal of said section by the same public act, and made a technical change for purposes of gender neutrality; P.A. 18-168 deleted reference to Sec. 31-43.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-45. Emergency kits required in factories. Section 31-45 is repealed.
(1949 Rev., S. 7369; P.A. 73-379, S. 20, 21.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-45a. Protection of feet. The Labor Commissioner may promulgate and enforce regulations concerning adequate protection for those individuals who are employed in occupations where injuries to the foot present a hazard. Said commissioner may authorize the use of safety work shoes, boots or inner soles that provide adequate protection against puncture, bruises or other wounds which may be inflicted by nails, glass or other objects encountered in the normal course of employment.
(1972, P.A. 230.)
Cited. 243 C. 66.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-46 and 31-46a. Safety regulations for workmen in building operations. Regulations for safe working conditions where no other provision; industrial safety committee. Sections 31-46 and 31-46a are repealed.
(1949 Rev., S. 7359; 1951, S. 3012d; 1959, P.A. 525; 1961, P.A. 248; 1971, P.A. 870, S. 88; P.A. 73-379, S. 20, 21.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-47. Inspection of employee lodging houses. Any agent of a firm or corporation and every other person who maintains or has charge of any structure used as a boarding house or place of abode for laborers employed by such person, firm or corporation shall, within seventy-two hours after such structure has been occupied for such purpose or purposes, notify the director of health of the town, city or borough in which such structure is located. Such director, within five days thereafter, shall inspect such premises and may forbid the use of the same altogether or make such other orders as he deems necessary to protect the health of the inmates. Any person violating any provision of this section or failing to comply with any order of a director of health made pursuant to this section shall be fined not more than one hundred dollars.
(1949 Rev., S. 7364.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-48. Laborers not to be overcharged. Any agent of a corporation, or other person employing laborers, who charges or exacts for articles or merchandise sold to such laborers a greater sum than is a reasonable price therefor in the town or city where such sales are made, shall be fined not more than twenty-five dollars for such sale of each separate article.
(1949 Rev., S. 7365.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-48a. Recruitment or referral of professional strikebreaker restricted. (a) As used in this section, “professional strikebreaker” means any person who has been employed anywhere two or more times in the same craft or industry in place of employees involved in strikes or lockouts. No person, partnership, agency, firm or corporation, or officer or agent thereof, shall recruit, procure, supply or refer any professional strikebreaker for employment in place of an employee involved in a strike or lockout in which such person, partnership, agency, firm or corporation is not directly interested. No professional strikebreaker shall take or offer to take the place in employment of employees involved in a strike or lockout. Any person, partnership, agency, firm or corporation which violates this section shall be guilty of a class E felony.
(b) Nothing in this section shall prevent or interfere with the recruiting or procuring of any person who is not a professional strikebreaker within the meaning of subsection (a) of this section, provided there shall be compliance with the provisions of section 31-121.
(1967, P.A. 509, S. 1; P.A. 13-258, S. 26.)
History: P.A. 13-258 amended Subsec. (a) to change penalty from fine of not less than $100 or more than $1,000 or imprisonment of not more than 3 years to a class E felony.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-48b. Use of electronic surveillance devices by employers limited. Prohibition on recording negotiations between employers and employees. (a) For purposes of this section, “employer” means the owner or owners in the case of an unincorporated business, the partners in the case of a partnership, the officers in the case of a corporation or in the case of the state, any town, city or borough, or district, local or regional board of education, or housing authority or district department of health, the chief executive officer thereof.
(b) No employer or agent or representative of an employer shall operate any electronic surveillance device or system, including but not limited to the recording of sound or voice or a closed circuit television system, or any combination thereof, for the purpose of recording or monitoring the activities of his employees in areas designed for the health or personal comfort of the employees or for safeguarding of their possessions, such as rest rooms, locker rooms or lounges.
(c) Any employer who violates any provision of subsection (b) of this section shall, for the first offense, be fined five hundred dollars, for the second offense, be fined one thousand dollars and, for the third and any subsequent offense, be fined one thousand dollars and imprisoned thirty days.
(d) No employer or his agent or representative and no employee or his agent or representative shall intentionally overhear or record a conversation or discussion pertaining to employment contract negotiations between the two parties, by means of any instrument, device or equipment, unless such party has the consent of all parties to such conversation or discussion.
(e) Any employer or his agent or representative or any employee or his agent or representative who violates any provision of subsection (d) of this section shall be fined one thousand dollars or imprisoned one year, or both.
(1971, P.A. 338, S. 1–3; P.A. 80-209; P.A. 12-80, S. 92.)
History: P.A. 80-209 added Subsecs. (d) and (e) prohibiting secretive overhearing or recording of employment contract negotiations and imposing penalty for violation; P.A. 12-80 amended Subsec. (c) to add a fine of $1,000 for third and any subsequent offense and make technical changes.
Cited. 201 C. 685.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-48c. Hiring of municipal police during labor dispute prohibited. No employer, except the state or any political subdivision thereof, or employee organization involved in a labor dispute shall hire any member of a municipal police department in the town in which the labor dispute is taking place for protection or other duties related to the labor dispute during the period of the labor dispute.
(P.A. 81-77.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-48d. Employers engaged in electronic monitoring required to give prior notice to employees. Exceptions. Civil penalty. (a) As used in this section:
(1) “Employer” means any person, firm or corporation, including the state and any political subdivision of the state which has employees;
(2) “Employee” means any person who performs services for an employer in a business of the employer, if the employer has the right to control and direct the person as to (A) the result to be accomplished by the services, and (B) the details and means by which such result is accomplished; and
(3) “Electronic monitoring” means the collection of information on an employer's premises concerning employees' activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photoelectronic or photo-optical systems, but not including the collection of information (A) for security purposes in common areas of the employer's premises which are held out for use by the public, or (B) which is prohibited under state or federal law.
(b) (1) Except as provided in subdivision (2) of this subsection, each employer who engages in any type of electronic monitoring shall give prior written notice to all employees who may be affected, informing them of the types of monitoring which may occur. Each employer shall post, in a conspicuous place which is readily available for viewing by its employees, a notice concerning the types of electronic monitoring which the employer may engage in. Such posting shall constitute such prior written notice.
(2) When (A) an employer has reasonable grounds to believe that employees are engaged in conduct which (i) violates the law, (ii) violates the legal rights of the employer or the employer's employees, or (iii) creates a hostile workplace environment, and (B) electronic monitoring may produce evidence of this misconduct, the employer may conduct monitoring without giving prior written notice.
(c) The Labor Commissioner may levy a civil penalty against any person that the commissioner finds to be in violation of subsection (b) of this section, after a hearing conducted in accordance with sections 4-176e to 4-184, inclusive. The maximum civil penalty shall be five hundred dollars for the first offense, one thousand dollars for the second offense and three thousand dollars for the third and each subsequent offense.
(d) The provisions of this section shall not apply to a criminal investigation. Any information obtained in the course of a criminal investigation through the use of electronic monitoring may be used in a disciplinary proceeding against an employee.
(P.A. 98-142.)
There is no private cause of action under section, and legislature intended enforcement mechanisms for violation of section to be limited to proceedings before the Labor Commissioner. 294 C. 461.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49. Care required of a master for his servant's safety. It shall be the duty of the master to exercise reasonable care to provide for his servant a reasonably safe place in which to work, reasonably safe appliances and instrumentalities for his work and fit and competent persons as his colaborers and to exercise reasonable care in the appointment or designation of a vice-principal and to appoint as such vice-principal a fit and competent person. The default of a vice-principal in the performance of any duty imposed by law on the master shall be the default of the master.
(1949 Rev., S. 7367.)
Cited. 80 C. 205; 143 C. 197. No basis for action under statute where case is clearly within scope of Workers' Compensation Act. 196 C. 529. Cited. 243 C. 66. Employer's refusal to accommodate employee's work-at-home request did not create an unlawful working condition under section. 249 C. 766.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-49a to 31-49d. Reserved for future use.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49e. Paid family and medical leave. Definitions. As used in this section and sections 31-49f to 30-49t, inclusive:
(1) “Authority” means the Paid Family and Medical Leave Insurance Authority established in section 31-49f. “Authority” does not mean an appointing authority;
(2) “Base period” means the first four of the five most recently completed quarters;
(3) “Base weekly earnings” means an amount equal to one twenty-sixth, rounded to the next lower dollar, of a covered employee's total wages, as defined in subsection (b) of section 31-222 and self-employment income, as defined in 26 USC 1402(b), as amended from time to time, earned during the two quarters of the covered employee's base period in which such earnings were highest, provided self-employment income shall be included only if the recipient has enrolled in the program pursuant to section 31-49m;
(4) “Covered employee” means an individual who has earned not less than two thousand three hundred twenty-five dollars in subject earnings during the employee's highest earning quarter within the base period and (A) is presently employed by an employer, (B) has been employed by an employer in the previous twelve weeks, or (C) is a self-employed individual or sole proprietor and Connecticut resident who has enrolled in the program pursuant to section 31-49m;
(5) “Covered public employee” means an individual who is (A) employed in state service, as defined in section 5-196, and who is not in a bargaining unit established pursuant to sections 5-270 to 5-280, inclusive, or (B) a member of a collective bargaining unit whose exclusive collective bargaining agent negotiates inclusion in the program, in accordance with chapter 68, sections 7-467 to 7-477, inclusive, or sections 10-153a to 10-153n, inclusive. If a municipal employer, as defined in section 7-467, or a local or regional board of education negotiates inclusion in the program for members of a collective bargaining unit, “covered public employee” also means an individual who is employed by such municipal employer or local or regional board of education and who is not in a bargaining unit established under sections 7-467 to 7-477, inclusive, or sections 10-153a to 10-153n, inclusive;
(6) “Employ” means to allow or permit to work;
(7) “Employee” means an individual engaged in service to an employer in this state in the business of the employer;
(8) “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 mean the federal government, the state or a municipality, a local or regional board of education or a nonpublic elementary or secondary school, except that the state, a municipal employer or local or regional board of education is an employer with respect to each of its covered public employees;
(9) “Family and medical leave compensation” or “compensation” means the paid leave provided to covered employees from the Family and Medical Leave Insurance Trust Fund;
(10) “Family and Medical Leave Insurance Authority Board” means the board of directors established in section 31-49f;
(11) “Family and Medical Leave Insurance Program” or “program” means the program established in section 31-49g;
(12) “Family and Medical Leave Insurance Trust Fund” or “trust” means the trust fund established in section 31-49i;
(13) “Health care provider” has the same meaning as provided in section 31-51kk;
(14) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons;
(15) “Serious health condition” has the same meaning as provided in section 31-51kk; and
(16) “Subject earnings” means total wages, as defined in subsection (b) of section 31-222 and self-employment income as defined in 26 USC 1402(b), as amended from time to time, that shall not exceed the Social Security contribution and benefit base, as determined pursuant to 42 USC 430, as amended from time to time, provided self-employment income shall be included only if the recipient has enrolled in the program pursuant to section 31-49m.
(P.A. 19-25, S. 1; 19-117, S. 232.)
History: P.A. 19-25 effective June 25, 2019; P.A. 19-117 amended Subsecs. (3) and (16) by replacing “or” with “and” and adding provision re self-employment income, and made technical changes, effective June 26, 2019.
See Secs. 31-51kk to 31-51qq, inclusive, re family and medical leave.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49f. Paid Family and Medical Leave Insurance Authority established. (a) There is established a Paid Family and Medical Leave Insurance Authority which shall be a body politic and corporate and shall constitute a public instrumentality and political subdivision of the state created for the performance of an essential public and governmental function. The authority shall not be construed to be a department, institution or agency of the state.
(b) The powers of the authority shall be vested in and exercised by a board of directors, which shall consist of thirteen voting members, as follows: (1) The Labor Commissioner, or his or her designee, who shall serve as an ex-officio voting member; (2) the Secretary of the Office of Policy and Management, or his or her designee, who shall serve as an ex-officio voting member; (3) the Commissioner of Administrative Services, or his or her designee, who shall serve as an ex-officio voting member; (4) the Commissioner of Economic and Community Development, or his or her designee, who shall serve as an ex-officio voting member; (5) one appointed by the speaker of the House of Representatives, who shall have skill, knowledge and experience in the interests of employees; (6) one appointed by the majority leader of the House of Representatives, who shall be an attorney advocating for the rights, benefits and opportunities of employees; (7) one appointed by the minority leader of the House of Representatives, who shall have skill, knowledge and experience in the interests of disability insurance plans; (8) one appointed by the president pro tempore of the Senate, who shall be an impacted individual who has personal knowledge and experience with economically distressed and underserved communities and is reflective of the ethnic and economic diversity of such communities; (9) one appointed by the majority leader of the Senate, who shall have skill, knowledge and experience in the interests of small business employees; (10) one appointed by the minority leader of the Senate, who shall have skill, knowledge and experience in the interests of employees of large businesses; and (11) three appointed by the Governor, one of whom shall have skill, knowledge and experience in modern software practices, and two of whom shall have skill, knowledge and experience in family and medical leave programs. The State Treasurer, or his or her designee, and the State Comptroller, or his or her designee, shall serve as ex-officio nonvoting members. Each member appointed pursuant to subdivisions (5) to (11), inclusive, of this subsection shall serve an initial term of four years. Thereafter, said members of the General Assembly and the Governor shall appoint members of the board to succeed such appointees whose terms have expired and each member so appointed shall hold office for a term of three years from July first in the year of his or her appointment. Members shall hold office until a successor member has been duly appointed. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from the board.
(c) All initial appointments to the board shall be made not later than July 1, 2019. Any vacancy shall be filled by the appointing authority not later than thirty calendar days after the office becomes vacant. Any member previously appointed to the board may be reappointed.
(d) The Governor shall select a chairperson of the board from among the members of the board. The board shall annually elect a vice-chairperson and such other officers as it deems necessary from among its members. The board may appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The executive director shall be an employee of the authority and shall receive such compensation as prescribed by the board.
(e) (1) On and after January 1, 2022, the employees of the authority shall be considered state employees for the purposes of sections 5-270 to 5-280, inclusive. To the extent such employees are performing jobs which would normally be within a current executive branch bargaining unit, such jobs shall be added to the unit descriptions of such bargaining units and employees in those jobs shall be deemed part of such units. Managerial employees and other employees not covered by a collective bargaining agreement shall be exempt from the classified service. With regard to unclassified positions, the authority shall not be required to comply with personnel policies and procedures of the Department of Administrative Services and the Office of Policy and Management with regard to approval for the creation of new positions, the number of such positions, the decision to fill such positions or the time for filling such positions. The authority, not the executive branch, shall have the power to determine whether an individual is qualified to fill an unclassified position at the authority. The authority shall determine the qualifications and set the terms and conditions of employment of employees not covered by a collective bargaining agreement, including the establishment of compensation and incentive plans, subject to such bargaining obligation as may be created if any such employees elect an exclusive bargaining agent pursuant to the provisions of sections 5-270 to 5-280, inclusive.
(2) The executive branch shall be authorized and empowered to negotiate on behalf of the authority with employees of the authority covered by collective bargaining and represent the authority in all other collective bargaining matters. The authority shall be entitled to have a representative present at all such bargaining.
(3) In any interest arbitration regarding employees of the authority, the arbitrator shall take into account the purpose of this section as a factor, in addition to those factors specified in section 5-276a.
(f) The officers and all other employees of the authority shall be state employees for the purposes of group welfare benefits and retirement, including, but not limited to, those provided under chapter 66 and sections 5-257 and 5-259. The authority shall reimburse the appropriate state agencies for all costs incurred by such designation.
(g) The members of the board shall serve without compensation but shall, within available appropriations, be reimbursed in accordance with the standard travel regulations for all necessary expenses that they may incur through service on the board.
(h) (1) Each member of the board shall, not later than ten calendar days after his or her appointment, take and subscribe the oath of affirmation required by article XI, section 1, of the Constitution of the state. The oath shall be filed in the office of the Secretary of the State.
(2) Each officer or member of the board authorized by resolution of the board to handle funds or sign checks for the program shall, not later than ten calendar days after the date the board adopts such authorizing resolution, execute a surety bond in the penal sum of fifty thousand dollars or procure an equivalent insurance product or, in lieu thereof, the chairperson shall obtain a blanket position bond covering the executive director and each member of the board and other employee or authorized officer of the authority in the penal sum of fifty thousand dollars. Each such bond or equivalent insurance product shall be (A) conditioned upon the faithful performance of the duties of the chairperson or the members, executive director and other authorized officers or employees, as the case may be, and (B) issued by an insurance company authorized to transact business in this state as surety. The cost of each such bond shall be paid by the authority.
(i) An authorized officer or the executive director, if one is appointed by the board pursuant to subsection (d) of this section, shall supervise the administrative affairs and technical activities of the program in accordance with the directives of the board. Such authorized officer or executive director, as the case may be, shall keep a record of the proceedings of the program and shall be custodian of all books, documents and papers filed with the program, the minute book or journal of the program and its official seal. Such authorized officer or executive director, as the case may be, may cause copies to be made of all minutes and other records and documents of the program and may give certificates under the official seal of the program to the effect that such copies are true copies, and all persons dealing with the program may rely upon such certificates.
(j) A majority of the voting members of the board shall constitute a quorum for the transaction of any business or the exercise of any power of the authority. Except as specified in section 1-121 and subdivision (14) of subsection (b) of section 31-49h, the affirmative vote of a majority of voting members present at a meeting of the board shall be sufficient for action taken by the board.
(k) (1) No member of the board or any officer, agent or employee of the authority shall, directly or indirectly, have any financial interest in any corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity contracting with the authority. As used in this section, “financial interest” does not include an interest of a de minimis nature or an interest that is not distinct from that of a substantial segment of the general public.
(2) Notwithstanding the provisions of subdivision (1) of this subsection or any other section of the general statutes, it shall not be a conflict of interest or a violation of the provisions of said subdivision or any other section of the general statutes for a trustee, director, officer or employee of a bank, insurance company, investment advisor, investment company or investment banking firm, to serve as a member of the board, provided, in each case to which the provisions of this subdivision are applicable, such trustee, director, officer or employee of such a firm abstains from discussion, deliberation, action and vote by the board in specific respect to any undertaking pursuant to sections 31-49f to 31-49t, inclusive, in which such firm has a direct interest separate from the interests of all similar firms generally.
(l) The authority shall continue as long as the program remains in effect and until its existence is terminated by law. Upon termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state of Connecticut.
(m) The provisions of this section and section 1-125 shall apply to any member, director or employee of the authority. No person shall be subject to civil liability for the debts, obligations or liabilities of the authority as provided in this section and section 1-125.
(P.A. 19-25, S. 2; 19-117, S. 233.)
History: P.A. 19-25 effective June 25, 2019; P.A. 19-117 amended Subsec. (b) by replacing “fifteen” with “thirteen” re voting members of the authority, deleting former Subdivs. (3) and (4) re State Treasurer and State Comptroller, respectively, as members, redesignating existing Subdiv. (5) as new Subdiv. (3) and amended same by replacing “, at the commissioner's designation, the Chief Information Officer” with “his or her designee”, redesignating Subdivs. (6) to (13) as Subdivs. (4) to (11), adding provision re State Treasurer and State Comptroller to serve as ex-officio nonvoting members, replacing “six” with “three” re term of certain members, adding provision re member who fails to attend 3 consecutive meetings or 50 per cent of all meetings, and making a conforming change, amended Subsec. (d) by deleting references to speaker of the House of Representatives and president pro tempore of the Senate re selection of chairperson, amended Subsec. (j) by replacing “members” with “voting members” re quorum, and adding provision re affirmative vote of majority of voting members present at meeting sufficient for action by board, amended Subsec. (k) by adding provision re “financial interest” in Subdiv. (1), and made technical changes, effective June 26, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49h. Implementation of Paid Family and Medical Leave Insurance Program. Written procedures. Paid Family and Medical Leave Authority. Board of directors. Requests for proposals. (a) The board, on behalf of the authority, and for the purpose of implementing the Paid Family and Medical Leave Insurance Program established in section 31-49g , shall adopt written procedures in accordance with the provisions of section 1-121 for the purposes of:
(1) Adopting an annual budget and plan of operations, including a requirement of board approval before such budget or plan may take effect;
(2) Adopting bylaws for the regulation of the affairs of the board and the conduct of its business;
(3) Hiring, dismissing, promoting and compensating employees of the authority and instituting an affirmative action policy;
(4) Acquiring real and personal property and personal services, including requiring board approval for any nonbudgeted expenditure in excess of five thousand dollars;
(5) Contracting for financial, legal and other professional services, and requiring that the authority solicit proposals not less than every three years for each such service used by the board;
(6) Using surplus funds to the extent authorized under sections 31-49f to 31-49t, inclusive, or any other provisions of the general statutes;
(7) Establishing an administrative process by which grievances, complaints and appeals regarding employment at the authority are reviewed and addressed by the board; and
(8) Implementing the provisions of sections 31-49e to 31-49t, inclusive, or other provisions of the general statutes, as appropriate.
(b) The Paid Family and Medical Leave Authority may:
(1) Adopt an official seal and alter the same at the pleasure of the board;
(2) Maintain an office at such place or places in the state as the board may designate;
(3) Sue and be sued, and plea and be impleaded, in its own name;
(4) Establish criteria and guidelines for the Paid Family and Medical Leave Insurance Program to be offered pursuant to this section, sections 31-49f and 31-49g and sections 31-49i to 31-49t, inclusive;
(5) Employ staff, agents and contractors as may be necessary or desirable and fix the compensation of such persons;
(6) Design, establish and operate the program to ensure transparency in the management of the program through oversight and ethics review of plan fiduciaries;
(7) Design and establish a process by which employees and self-employed individuals or sole proprietors who have enrolled in the program pursuant to section 31-49m shall contribute a portion of their subject earnings to the trust;
(8) Evaluate and establish a process by which employers may credit employee contributions to the trust through payroll deposit;
(9) Ensure that contributions to the trust collected from employees and self-employed individuals or sole proprietors who have enrolled in the program pursuant to section 31-49m shall not be used for any purpose other than providing compensation to covered employees, educating and informing persons about the program and paying the operational, administrative and investment costs of the program;
(10) Establish and maintain a secure Internet web site that displays all public notices issued by the authority and such other information as the authority deems relevant and necessary for the implementation of the program and for the education of the public regarding the program;
(11) Establish policies, or written procedures in accordance with the provisions of section 1-121, as appropriate, including, but not limited to, policies or procedures:
(A) Establishing a process to determine whether an individual meets the requirements for compensation under this section, including the certification required for establishing eligibility for such compensation;
(B) Establishing methods by which any books, records, documents, contracts or other papers relevant to the eligibility of a covered employee shall be examined, or caused to be produced or examined;
(C) Establishing methods by which witnesses who provide information relevant to a covered employee's claim for family and medical leave compensation may be summoned and examined under oath;
(D) Ensuring the confidentiality of records and documents relating to medical certifications, recertifications and medical histories of covered employees and covered employees' family members pursuant to section 31-51oo;
(E) Establishing the percentage of subject earnings each employee and self-employed individuals or sole proprietors who have enrolled in the program pursuant to section 31-49m shall contribute to the Family and Medical Leave Insurance Trust Fund, provided such percentage shall not exceed one-half of one per cent;
(F) Certifying the ongoing solvency of the Family and Medical Leave Insurance Trust Fund and adjusting the compensation offered to covered employees as necessary to ensure the solvency of the fund as provided in subdivision (3) of subsection (c) of section 31-49g, provided the contribution percentage established by the Authority pursuant to subdivision (5) of this section has reached the statutory maximum; and
(G) Determining whether an employer meets the requirements for the administration of a private plan, including the approval, oversight and termination of such private plan, and developing any potential alternate measure of subject earnings for the purposes of calculating compensation under such plans;
(12) Notwithstanding any provision of the general statutes, and to the extent consistent with federal law, (A) use state administrative data collected by any agency for the purposes of carrying out and implementing such program, including, but not limited to, eligibility determination, benefit calculation, program planning, recipient outreach and continuous improvement and program evaluation, including assessment of longitudinal impact; and (B) share user data and other data collected through program administration with other state agencies for purposes, including, but not limited to, improving delivery of benefits and services to program participants and other persons, streamlining eligibility determination for programs administered by other agencies, recipient outreach and continuous improvement and program evaluation, including assessment of longitudinal impact. Expenses incurred for activities undertaken pursuant to this subdivision, as well as compensation paid to other state agencies for any associated costs, shall be considered appropriate administrative expenses of the program.
(13) Enter into agreements with any department, agency, office or instrumentality of the United States or this state to carry out the purposes of the program, including, but not limited to:
(A) Memoranda of understanding with the Labor Department and other state agencies regarding (i) the gathering or dissemination of information necessary for the operations of the program, subject to such obligations of confidentiality as may be agreed or required by law, (ii) the sharing of costs incurred pursuant to the gathering and dissemination of such information, and (iii) the reimbursement of costs for any enforcement activities conducted pursuant to section 31-49r. Each state agency may also enter into such memoranda of understanding;
(B) Memoranda of understanding with the Department of Revenue Services and the Labor Department for (i) the collection of employee contributions, and (ii) the reimbursement of costs by the authority for any costs incurred related to the collection of employee contributions. The Department of Revenue Services and the Labor Department shall also enter into such memoranda of understanding; and
(C) Memoranda of understanding with the Labor Department for (i) the adjudication of claims by covered employees aggrieved by a denial of compensation under the Family and Medical Leave Insurance Program, and (ii) the reimbursement of costs by the authority for any costs incurred by the Labor Department related to the adjudication of contested claims or penalties imposed pursuant to section 31-49r. The Labor Department shall also enter into such memoranda of understanding.
(14) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers. The contracts and agreements entered into by the authority shall not be subject to the approval of any other state department, office or agency, provided copies of all such contracts shall be maintained by the authority as public records, subject to the proprietary rights of any party to such contracts. No contract shall contain any provision in which any contractor derives any direct or indirect economic benefit from denying or otherwise influencing the outcome of any claim for benefits. The standard criteria for the evaluation of proposals relating to claims processing, web site development, database development, marketing and advertising, in the event the authority seeks the services of an outside contractor for such tasks, and for the evaluation of proposals relating to all other contracts in amounts equal to or exceeding two hundred fifty thousand dollars shall include, but need not be limited to: (A) Transparency, (B) cost, (C) efficiency of operations, (D) quality of work related to the contracts issued, (E) user experience, (F) accountability, and (G) a cost-benefit analysis documenting the direct and indirect costs of such contracts, including qualitative and quantitative benefits that will result from the implementation of such contracts. The establishment of additional standard criteria shall be approved by a two-thirds vote of the board after such criteria have been posted on a public Internet web site maintained by the authority for notice and comment for at least one week prior to such vote.
(15) Do all things necessary or convenient to carry out the provisions of sections 31-49e to 31-49t, inclusive.
(P.A. 19-25, S. 4; 19-117, S. 234.)
History: P.A. 19-25 effective June 25, 2019; P.A. 19-117 amended Subsec. (b)(14) by deleting reference to Subsec. (c), and adding provision re criteria for evaluation of certain proposals, deleted former Subsec. (c) re board of directors issuance of requests for proposals, and made technical changes, effective June 26, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49i. Family and Medical Leave Insurance Trust Fund established. (a) There is established a fund to be known as the “Family and Medical Leave Insurance Trust Fund” for the purpose of providing family and medical leave compensation to covered employees. The Family and Medical Leave Insurance Trust Fund shall be a nonlapsing fund held by the State Treasurer separate and apart from all other moneys, funds and accounts. Investment earnings credited to the trust shall become part of the trust.
(b) The fund shall constitute an instrumentality of the state and shall perform essential governmental functions, in accordance with the provisions of this section. The trust shall receive and hold all payments and deposits and premiums intended for the trust, as well as gifts, bequests, endowments or federal, state or local grants and any other funds from any public or private source and all earnings until disbursed in accordance with the provisions of this section.
(c) The amounts on deposit in the trust shall not constitute property of the state and the trust shall not be construed to be a department, institution or agency of the state. Amounts on deposit in the trust shall not be commingled with state funds and the state shall have no claim to or against, or interest in, such funds. Any contract entered into by or any obligation of the trust shall not constitute a debt or obligation of the state and the state shall have no obligation to any designated beneficiary or any other person on account of the trust and all amounts obligated to be paid from the trust shall be limited to amounts available for such obligation on deposit in the trust. The trust shall continue in existence as long as it holds any deposits or has any obligations and until its existence is terminated by law and upon termination any unclaimed assets shall return to the state. Property of the trust shall be governed by section 3-61a.
(d) The State Treasurer shall be responsible for the receipt and investment of moneys held by the trust. The trust shall not receive deposits in any form other than cash. No depositor or designated beneficiary may direct the investment of any contributions or amounts held in the trust other than the specific fund options provided for by the trust.
(e) The assets of the trust shall be used for the purpose of distributing family and medical leave compensation to covered employees, paying the operational and administrative costs of the authority, educating and informing persons about the program and paying the operational, administrative and investment costs of the trust, including those incurred pursuant to section 31-49j.
(P.A. 19-25, S. 5.)
History: P.A. 19-25 effective June 25, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49j. Duties of State Treasurer. The State Treasurer, on behalf of the Family and Medical Leave Insurance Trust Fund and for purposes of the trust, shall:
(1) Receive and invest moneys in the trust in any instruments, obligations, securities or property in accordance with sections 31-49g to 31-49i, inclusive;
(2) Procure insurance as the State Treasurer deems necessary to protect the trust's property, assets, activities or deposits or contributions to the trust; and
(3) Apply for, accept and expend gifts, grants or donations from public or private sources to carry out the objectives of the trust.
(P.A. 19-25, S. 6.)
History: P.A. 19-25 effective June 25, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49k. State Treasurer. Investments. The State Treasurer shall invest the amounts on deposit in the Family and Medical Leave Insurance Trust Fund in a manner reasonable and appropriate to achieve the objectives of the trust, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The State Treasurer shall give due consideration to rate of return, risk, term or maturity, diversification of the total portfolio within the trust, liquidity, the projected disbursements and expenditures and the expected payments, deposits, contributions and gifts to be received. The State Treasurer shall not require the trust to invest directly in obligations of the state or any political subdivision of the state or in any investment or other fund administered by the State Treasurer. The assets of the trust shall be continuously invested and reinvested in a manner consistent with the objectives of the trust until disbursed upon order of the authority or expended on expenses incurred by the operations of the trust.
(P.A. 19-25, S. 7.)
History: P.A. 19-25 effective June 25, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49l. Board of directors. Responsibilities. (a) The Paid Family and Medical Leave Insurance Authority board of directors, in conducting the business of the authority, including its oversight functions, shall act: (1) With the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims; and (2) in accordance with the provisions of sections 31-49e to 31-49t, inclusive, and any other applicable sections of the general statutes.
(b) The board shall, to the extent reasonable and practicable, require any agents engaged or appointed by the authority to abide by the standard of care described in subsection (a) of this section.
(P.A. 19-25, S. 8.)
History: P.A. 19-25 effective June 25, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49m. Enrollment in program by self-employed individual or sole proprietor. Withdrawal from program. (a) A self-employed individual or sole proprietor, upon application to the authority, in a form and manner prescribed by the authority, may enroll in the Family and Medical Leave Insurance Program, provided such self-employed individual or sole proprietor is enrolled in the program for an initial period of not less than three years. Such self-employed individual or sole proprietor shall be automatically reenrolled in the program for a subsequent period, or periods, of not less than one year. Such reenrollment begins immediately following a period of participation in the program.
(b) A self-employed individual or sole proprietor may withdraw from the program upon submitting written notice to the authority not less than thirty days prior to the expiration of the initial enrollment or subsequent reenrollment period, or at such other times as the authority may prescribe by rule.
(P.A. 19-25, S. 9.)
History: P.A. 19-25 effective June 25, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49n. Public education campaign. Web site, web-based form, application or digital service. (a) The authority shall conduct a public education campaign to inform individuals and employers regarding the Family and Medical Leave Insurance Program. Such campaign shall include, but not be limited to, information about the requirements for receiving family and medical leave compensation, how to apply for such compensation and the circumstances for which such compensation may be available. The authority may use funds contributed to the Family and Medical Leave Insurance Trust Fund for purposes of the public education campaign. Information distributed or made available under the campaign shall be available in English and Spanish and in any other language prescribed by the authority.
(b) The authority shall ensure to the greatest extent practicable that any web site, web-based form, application or digital service: (1) is accessible to individuals with disabilities in accordance with WCAG2.0 AA or similar updated standard; (2) has a consistent appearance; (3) contains a search function that allows users to easily search content intended for public use; (4) is provided through an industry standard secure connection; (5) is designed around user needs with data-driven analysis influencing management and development decisions, using qualitative and quantitative data to determine user goals, needs and behaviors and continually test the web site, web-based form, web-based application or digital service to ensure that user needs are addressed; (6) provides users of the new or redesigned web site, web-based form, web-based application or digital service with the option for a more customized digital experience that allows users to complete digital transactions in an efficient and accurate manner; (7) is fully functional and usable on common mobile devices; and (8) uses free and open-source tools when possible, such as open standards in accordance with the US Web Design Standards built by the US General Services Administration.
(P.A. 19-25, S. 10.)
History: P.A. 19-25 effective January 1, 2020.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49o. Private plans. Approval of. Conditions. (a)(1) Employers may apply to the authority for approval to meet their obligations under sections 31-49e to 31-49t, inclusive, through a private plan, which the authority shall evaluate in coordination with the Insurance Department, as appropriate. To be approved as meeting an employer's obligations under sections 31-49e to 31-49t, inclusive, a private plan must (A) confer all of the same rights, protections and benefits provided to employees under said sections, including by providing (i) at least the same number of weeks of benefits; (ii) at least the same level of wage replacement for each of those weeks; and (iii) benefits in each circumstance specified in subdivision (2) of subsection (a) of section 31-51ll or in subsection (i) of said section or section 31-51ss; (B) impose no additional conditions or restriction on the use of family or medical leave beyond those explicitly authorized by said sections or by regulations issued pursuant to sections 31-49f to 31-49t or to section 31-51qq; (C) cost employees no more than the premium charged to employees under the state program; (D) provide coverage for all employees throughout their period of employment; (E) provide for the inclusion of future employees; (F) not result in a substantial selection of risks adverse to the Family and Medical Leave Insurance Trust or otherwise significantly endanger the solvency of the fund; (G) have been approved by a majority vote of the employer's employees; and (H) meet any additional requirements established by the authority.
(2) In order to be approved as meeting an employer's obligations under sections 31-49e to 31-49t, inclusive, a private plan shall also comply with the following provisions: (A) If the private plan is in the form of self-insurance, the employer shall furnish a bond running to the state, with a surety company authorized to transact business in the state as surety, in such form as may be approved by the authority and in such amount as may be required by the department; and (B) if the plan provides for insurance, the forms of the policy shall have been approved by the Insurance Commissioner and be issued by an approved insurer.
(b) Approval for a private plan granted under subsection (a) of this section may be withdrawn when terms or conditions of the plan have been violated. Causes for plan termination include, but shall not be limited to, the following: (1) Failure to pay benefits; (2) failure to pay benefits timely and in a manner consistent with the public plan; (3) failure to maintain an adequate security deposit as described in subdivision (2) of subsection (a) of this section; (4) misuse of private plan funds; (5) failure to submit reports as required; or (6) failure to comply with sections 31-49e to 31-49t, inclusive.
(c) Notwithstanding subsection (b) of section 31-49g, employees enrolled in an approved private plan shall not contribute a percentage of their earnings to the Family and Medical Leave Trust Fund. Notwithstanding section 31-71e, an employer may withhold or divert up to the portion of an employee's wages that corresponds to the contribution rate established pursuant to subsection (b) of section 31-49g for the purpose of administering an approved private plan. The amount of wages withheld or diverted for such purpose shall not be increased, except on the anniversary of the effective date of the private plan or within thirty days after the state adjusts the contribution rate.
(d) An employee covered by a private plan approved under this section shall retain all applicable rights under sections 31-51kk to 31-51qq, inclusive.
(e) A denial of family or medical leave benefits by a private plan shall be subject to administrative appeal and appeal to the Superior Court as provided by section 31-49p.
(P.A.19-25, S. 11.)
History: P.A. 19-25 effective June 25, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49q. Written notice required of employer. Each employer shall, at the time of hiring, and annually thereafter, provide written notice to each of the employer's employees (1) of the entitlement to family and medical leave under sections 31-51kk to 31-51qq, inclusive, and 31-51ss and the terms under which such leave may be used, (2) of the opportunity to file a claim for compensation under the program, (3) that retaliation by the employer against the employee for requesting, applying for or using family and medical leave for which the employee is eligible is prohibited, and (4) that the employee has a right to file a complaint with the Labor Commissioner for any violation of said sections. The Labor Commissioner may adopt regulations, in accordance with chapter 54, to establish additional requirements concerning the means by which employers shall provide such notice.
(P.A. 19-25, S. 13.)
History: P.A. 19-25 effective July 1, 2022.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49r. Disqualification from program. Repayment of benefits. Wilful misrepresentation. Financial penalties. Health care providers. Medical certifications. (a) Any individual participating in the program who wilfully makes a false statement or misrepresentation regarding a material fact, or wilfully fails to report a material fact, to obtain family and medical leave compensation shall be disqualified from receiving any compensation under the program for two years after making such false statement or misrepresentation or failing to report such material fact.
(b) If family and medical leave compensation is paid to a covered employee erroneously or as a result of wilful misrepresentation by such employee, or if a claim for family and medical leave compensation is rejected after compensation is paid, the authority may seek repayment of benefits from the employee having received such compensation and may also, in the case of wilful misrepresentation, seek payment of a penalty in the amount of fifty per cent of the benefits paid as a result of such misrepresentation. The authority may waive, in whole or in part, the amount of any such payments if the recovery would be against equity and good conscience.
(c) If family and medical leave compensation is paid as a result of wilful misrepresentation by any health care provider, the authority shall notify the Labor Commissioner and may seek payment of a penalty from such health care provider in the amount of three hundred per cent of the benefits paid as a result of such misrepresentation. The authority may waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience.
(d) Any person, including an employer, who intentionally aids, abets, assists, promotes or facilitates the making of, or the attempt to make, any claim for benefits or the receipt or attempted receipt of benefits by another person in violation of subsection (b) of this section shall be liable for the same financial penalty as the person making or attempting to make the claim or receiving or attempting to receive the benefits.
(e) A health care provider shall complete a timely medical certification of a patient's serious medical condition at the request of the patient. No health care provider shall charge a patient a fee for such service.
(P.A. 19-25, S. 14.)
History: P.A. 19-25 effective June 25, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49s. Employer providing more expansive benefits. Nothing in sections 31-49e to 31-49t, inclusive, 31-51kk to 31-51qq, inclusive, or section 31-51ss shall be construed to (1) prevent employers from providing any benefits that are more expansive than those provided for under said sections, (2) diminish any rights provided to any covered employee under the terms of the covered employee's employment or a collective bargaining agreement, or (3) interfere with, impede or in any way diminish the right of an employee to bargain collectively with his or her employer through a representative of his or her choosing, in order to establish wages or conditions of work in excess of the applicable minimum pursuant to sections 3-13c, 31-49e to 31-49t, inclusive, 31-51kk to 31-51mm, inclusive, and 31-51oo to 31-51qq, inclusive.
(P.A. 19-25, S. 15.)
History: P.A. 19-25 effective June 25, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-49t. Authority's annual report. Not later than July 1, 2022, and annually thereafter, the authority shall report, in accordance with section 11-4a of the general statutes, to the Office of Policy and Management and to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and labor, on (1) the projected and actual participation in the program, (2) the balance of the trust, (3) the reasons claimants are receiving family and medical leave compensation, (4) the success of outreach and education efforts, (5) demographic information of claimants, including gender, age, town of residence and income level, and (6) the total number of claims made and claims denied.
(P.A. 19-25, S. 16.)
History: P.A. 19-25 effective June 25, 2019.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-50. Enforcement. The commissioner shall enforce the provisions of part I of this chapter and sections 31-23 to 31-49, inclusive, by giving proper orders or notices to the persons or corporations owning, operating or managing the factories or buildings inspected by him and shall make complaint to the state's attorneys of any violation of said provisions.
(1949 Rev., S. 3760.)
Statute does not apply when it is agreed that reciprocal notice shall be given. 58 C. 104. Cited. 196 C. 529.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-50a. Noncompete agreements: Security guards. (a) No employer may require any person employed in the classification 339032 of the standard occupational classification system of the Bureau of Labor Statistics of the United States Department of Labor to enter into an agreement prohibiting such person from engaging in the same or a similar job, at the same location at which the employer employs such person, for another employer or as a self-employed person, unless the employer proves that such person has obtained trade secrets, as defined in subsection (d) of section 35-51, of the employer.
(b) (1) Any person who is aggrieved by a violation of this section may bring a civil action in the Superior Court to recover damages and for such injunctive and equitable relief as the court deems appropriate.
(2) The Labor Commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford for restitution on behalf of any person injured by any violation of this section and for such injunctive or equitable relief as the court deems appropriate.
(c) The provisions of this section shall apply to agreements entered into, renewed or extended on or after October 1, 2007.
(P.A. 07-237, S. 1.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-50b. Noncompete agreements: Broadcast employees. (a) As used in this section:
(1) “Associated broadcast entities” means entities that provide reporting services to broadcast television or radio stations, including without limitation, subcontractors that provide weather, sports, traffic and other reports for broadcast or cablecast;
(2) “Broadcast employee” means any employee of a broadcast industry employer, except those employees whose services primarily include sales or management functions;
(3) “Broadcast industry employer” means the owner or operator of one or more broadcast television or radio stations, including any associated broadcast entity, but excluding cable stations or cable networks;
(4) “Broadcast television or radio station” means an entity that is owned or operated either by holding a Federal Communications Commission television or radio license for the station, or by operating a station through a local service, sales, marketing or outsourcing agreement;
(5) “Cable network” means an entity that distributes programming to two or more local cable systems;
(6) “Cable station” means an entity that produces or transmits programming to one or more local cable systems; and
(7) “Local cable system” means a cable system, as defined in 47 USC 522, as from time to time amended, operating in the state.
(b) No broadcast industry employer employment contract for the services of a broadcast employee may contain a provision requiring that such broadcast employee:
(1) Refrain from obtaining employment in a specified geographical area for a specified period of time after termination of employment with that broadcast industry employer;
(2) Disclose the terms or conditions of an offer of employment, or the existence of any such offer, from any other broadcast industry employer following the expiration of the term of the employment contract; or
(3) Agree to enter into a subsequent employment contract with the broadcast industry employer, or extend or renew the existing employment contract, upon the same terms and conditions offered by a prospective employer.
(c) Any person who is aggrieved by a violation of this section may bring a civil action in the Superior Court to recover damages, together with court costs and reasonable attorney's fees.
(d) The provisions of this section shall apply to employment contracts entered into, renewed or extended on or after July 1, 2007.
(P.A. 07-237, S. 2.)
History: P.A. 07-237 effective July 1, 2007.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51. Blacklisting. Any person, or any officer or agent of any corporation, company, firm, or the state or any political subdivision thereof, who blacklists any employee, mechanic or laborer, or publishes or causes to be published the name of any such employee, mechanic or laborer, with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing employment from any other person, corporation, company, firm, or the state or any political subdivision thereof, or, in any manner, conspires or contrives, by correspondence or otherwise, to prevent such employee, mechanic or laborer from procuring employment, shall be fined not less than fifty and not more than two hundred dollars; but the provisions of this section shall not be construed so as to prohibit any person, or any officer or agent of any corporation, company, firm, or the state or any political subdivision thereof, from giving a truthful statement of any facts concerning a present or former employee of such person, corporation, company, firm, or the state or any political subdivision thereof, on the application of such employee or of any person, or any officer or agent of any corporation, company, firm, or the state or any political subdivision thereof, who may be considering the employment of such employee.
(1949 Rev., S. 8531; P.A. 75-104.)
History: P.A. 75-104 made provisions applicable to the state and its political subdivisions.
See Sec. 31-105 re unfair labor practices.
Cited. 313 U.S. 184. Section does not preclude application of a qualified privilege to statements made in an employment reference. 284 C. 35.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-51a to 31-51e. Transferred to Chapter 557, Part Ia, Secs. 31-22m to 31-22q, inclusive.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51f. Participation in Manpower Development and Training Act. The Labor Department and the Department of Education are authorized to participate in the Manpower Development and Training Act of 1962, as amended, by providing from funds appropriated or transferred to them for such purpose, in accordance with and to the extent required by said federal act, amounts necessary to match the amounts expended by the United States Treasury.
(1963, P.A. 608, S. 1.)
History: (Revisor's note: In 1997 a reference to “Education Department” was changed editorially by the Revisors to “Department of Education” for consistency with customary statutory usage).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51g. Use of polygraph prohibited. Penalty. Exceptions. (a) For the purposes of this section “polygraph” means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test or question individuals for the purpose of determining truthfulness.
(b) (1) No person, firm, corporation, association or the state or any political subdivision thereof shall request or require any prospective employee or any employee to submit to, or take, a polygraph examination as a condition of obtaining employment or of continuing employment with such employer or dismiss or discipline in any manner an employee for failing, refusing or declining to submit to or take a polygraph examination. (2) No employment agency, as defined in section 31-129, and no agent for an employer shall require any person to submit to, or take, a polygraph examination for any purposes whatsoever.
(c) Any person, firm, corporation or association which violates any provision of this section shall be fined not less than two hundred fifty dollars nor more than one thousand dollars for each violation.
(d) The provisions of this section shall not apply to persons to be employed (1) by the state or any local government or any political subdivision thereof in any police department except for civilian employees within the department or (2) by the Department of Correction, but shall apply with respect to obtaining and maintaining employment of other persons by the state or any local government or political subdivision thereof.
(1967, P.A. 488, S. 1-4; P.A. 75-631; P.A. 98-126, S. 2.)
History: P.A. 75-631 made provisions applicable to the state and its political subdivisions; P.A. 98-126 amended Subsec. (d) to make provisions of section inapplicable to persons to be employed by the Department of Correction.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51h. Employer not to cancel insurance coverage or cease making contributions to welfare fund of employee eligible to receive or receiving workers' compensation or sick leave payments. Employer accident report. Complaint. Hearing. Appeal. Section 31-51h is repealed.
(1967, P.A. 782; P.A. 76-420, S. 1, 2; P.A. 77-116; P.A. 79-376, S. 29; P.A. 81-464, S. 1; P.A. 82-398, S. 7.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(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 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.
(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 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.
(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 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.
See Sec. 54-142e re duties of consumer reporting agencies and Judicial Department re information necessary to identify and delete erased criminal records.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51j. Transferred to Chapter 557, Part Ia, Sec. 31-22t.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51k. Employment of alien not entitled to residence. Section 31-51k is repealed, effective June 11, 2014.
(1972, P.A. 275, S. 1–3; P.A. 14-187, S. 55.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51l. Leave of absence for certain public and private employees elected to public office. Any person employed by a private employer which employs more than twenty-five persons, or by a municipality in which there is no ordinance or charter provision to the contrary, who leaves such employment to accept a full-time elective municipal or state office shall be granted a personal leave of absence from such employment for not more than two consecutive terms of such office. Upon reapplication for his original position at the expiration of such term or terms of office, such person shall be reinstated to his original position or a similar position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Such person shall give notice in writing to his employer that he is a candidate for a full-time municipal or state office within thirty days after nomination for that office.
(P.A. 73-258; P.A. 74-241; P.A. 77-120.)
History: P.A. 74-241 made provisions re personal leaves of absence for persons elected to office applicable to municipalities “in which there is no ordinance or charter provision to the contrary”; P.A. 77-120 permitted leaves of absence for not more than two consecutive terms rather than for a single term.
See Sec. 2-3a re prohibition against employers' discrimination against candidates for or members of General Assembly.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51m. Protection of employee who discloses employer's illegal activities or unethical practices or reports a suspected incident of child abuse or neglect. Civil action. (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 of the state;
(3) “Employee” means any person engaged in service to an employer in a business of his employer;
(4) “Public body” means (A) any public agency, as defined in subdivision (1) of section 1-200, or any employee, member or officer thereof, or (B) any federal agency or any employee, member or officer thereof.
(b) No employer shall discharge, discipline or otherwise penalize any employee because (1) the employee, or a person acting on behalf of the employee, reports, verbally or in writing, a violation or a suspected violation of any state or federal law or regulation or any municipal ordinance or regulation to a public body, (2) the employee is requested by a public body to participate in an investigation, hearing or inquiry held by that public body, or a court action, or (3) the employee reports a suspected incident of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, inclusive, or 17a-103. No municipal employer shall discharge, discipline or otherwise penalize any employee because the employee, or a person acting on behalf of the employee, reports, verbally or in writing, to a public body concerning the unethical practices, mismanagement or abuse of authority by such employer. The provisions of this subsection shall not be applicable when the employee knows that such report is false.
(c) Any employee who is discharged, disciplined or otherwise penalized by his employer in violation of the provisions of subsection (b) may, after exhausting all available administrative remedies, bring a civil action, within ninety days of the date of the final administrative determination or within ninety days of such violation, whichever is later, in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office, for the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits to which he would have otherwise been entitled if such violation had not occurred. An employee's recovery from any such action shall be limited to such items, provided the court may allow to the prevailing party his costs, together with reasonable attorney's fees to be taxed by the court. Any employee found to have knowingly made a false report shall be subject to disciplinary action by his employer up to and including dismissal.
(d) This section shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement.
(P.A. 82-289, S. 1; P.A. 85-58; 85-245, S. 2; 85-613, S. 71, 154; P.A. 87-14; P.A. 95-79, S. 111, 189; P.A. 97-47, S. 48; P.A. 13-53, S. 2; P.A. 14-122, S. 48.)
History: P.A. 85-58 redefined “public body” to include any federal agency or any employee, member or officer thereof; P.A. 85-245 amended definition of “employer” in Subsec. (a) to include the state; P.A. 85-613 made technical change deleting reference to Sec. 31-278 as section to which definitions apply; P.A. 87-14 amended Subsec. (b) to prohibit municipal employers from penalizing employees who report their employers' unethical practices, mismanagement or abuse of authority; P.A. 95-79 amended Subsec. (a) to redefine “person” to include limited liability companies, effective May 31, 1995; P.A. 97-47 made a technical change in Subsec. (a)(4); P.A. 13-53 amended Subsec. (b) by designating provision re employee reporting violation of law as Subdiv. (1) and provision re employee participation in investigation as Subdiv. (2) and adding Subdiv. (3) re employee reporting suspected incident of child abuse or neglect and by making technical changes; P.A. 14-122 made a technical change in Subsec. (a).
Cited. 193 C. 558; 224 C. 693.
Cited. 4 CA 69; 15 CA 130; 40 CA 577. Section allows for costs, but does not expressly provide for expert witness fees; therefore, general cost provisions of Secs. 52-257 and 52-260 apply, which do not mention nontestimonial costs; accordingly, the nontestimonial work performed by plaintiff's economics expert was not taxable as costs; nothing in the legislative history indicates that legislature's use of term “costs” in either this section or Sec. 31-51q was intended to authorize court to award prevailing party the cost of an economist; because an economist is not a listed expert witness whose cost may be reimbursed under Sec. 52-260(f), testimonial fees of plaintiff's expert economist cannot be reimbursed. 79 CA 501.
Subsec. (a):
Plaintiff, an elected municipal sheriff, was an independent contractor and not an employee of defendant municipality under section. 135 CA 699.
Subsec. (b):
Existence of a statutory remedy in section precludes plaintiff from bringing a common-law wrongful discharge action. 252 C. 153.
Cited. 15 CA 130. In an action under Subsec., plaintiff has initial burden of proving by a preponderance of evidence a prima facie case of retaliatory discharge; once plaintiff has made prima facie showing of a retaliatory discharge, defendant is obligated to produce evidence that, if taken as true, would permit conclusion that there was a nonretaliatory reason for termination of employment; if defendant provides a legitimate and nonretaliatory reason for the discharge, plaintiff must offer some significantly probative evidence showing that defendant's proffered reason is pretextual and that retaliatory intention resulted in his discharge. 79 CA 501. In order to satisfy second element in action under Subsec. by way of constructive discharge, plaintiff needs to establish that the employer intentionally created an intolerable work atmosphere that forced the employee to quit involuntarily, and that the intolerable conditions are supported by more than the employee's subjective opinion. 178 CA 504.
Subsec. (c):
Employer is entitled to attorney's fees as a prevailing party only if plaintiff acted in bad faith in bringing or conducting the action. 265 C. 210.
Cited. 15 CA 130. Unemployment compensation is not an administrative remedy under section, and receipt of unemployment benefits does not toll the statute of limitations provided. 74 CA 67.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51n. Definitions. When used in this section and section 31-51o:
(1) “Covered establishment” means any industrial, commercial or business facility which employs, or has employed at any time in the preceding twelve-month period, one hundred or more persons;
(2) “Employer” means any person who directly or indirectly owns, operates or has a controlling interest in a covered establishment, excluding the state or any political subdivision thereof, or any agricultural enterprise or any construction enterprise;
(3) “Employee” means any individual engaged in service to an employer in a business of his employer;
(4) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons;
(5) “Relocation” means the removal of all or substantially all of industrial or commercial operations in a covered establishment to a location outside the state of Connecticut;
(6) “Closing” means the permanent shutting down of all operations within a covered establishment, provided “closing” shall not include the reopening of a covered establishment within the state, covered establishments which close under the provisions of the Federal Bankruptcy Act, as amended (USC Title 11), or covered establishments shutting down operations due to natural disasters.
(P.A. 83-451, S. 1, 4; P.A. 95-79, S. 112, 189.)
History: P.A. 95-79 redefined “person” to include limited liability companies, effective May 31, 1995.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51o. Continuation of group health insurance for employees affected by relocation or closing of covered establishment. Exceptions. (a) Whenever a relocation or closing of a covered establishment occurs, the employer of the covered establishment shall pay in full for the continuation of existing group health insurance, no matter where the group policy was written, issued or delivered, for each affected employee and his dependents, if covered under the group policy, from the date of relocation or closing for a period of one hundred twenty days or until such time as the employee becomes eligible for other group coverage, whichever is the lesser, provided any right of such employee and his dependents to a continuation of coverage, as required by section 38a-512a, shall not be affected by the provisions of this section, and provided further the period of continued coverage required by said sections shall not commence until the period of continued coverage established by this section has terminated.
(b) The provisions of this section shall not apply to those employees who, upon the relocation or closing of a covered establishment, choose to continue their employment with the employer at the new location of the facility.
(c) Notwithstanding the provisions of this section, any contractual agreement arrived at through a collective bargaining process that contains provisions requiring the employer to pay for the continuation of existing group health insurance for his affected employees in the event of a relocation or closing of a covered establishment shall supersede the requirements of this section and, in the event of a conflict, the contractual provisions shall be deemed to be controlling.
(P.A. 83-451, S. 2, 4; P.A. 85-362, S. 2; P.A. 87-274, S. 3; June Sp. Sess. P.A. 98-1, S. 22, 121; P.A. 10-13, S. 3; P.A. 15-247, S. 34.)
History: P.A. 85-362 amended Subsec. (a) to increase from 90 to 120 days the maximum period of continuation of group health insurance coverage to be paid by employers of employees and dependents affected by a relocation or closing; P.A. 87-274 amended Subsec. (a) to change the reference to coverage continuation periods required in Secs. 38-262d and 38-374 to 78 and 156 weeks in recognition of the changes made to those sections in the same public act; June Sp. Sess. P.A. 98-1 amended Subsec. (c) to change the reference to “plant” to a “covered establishment”, effective June 24, 1998; P.A. 10-13 amended Subsec. (a) to delete provision re continuation of coverage for up to 78 or 156 weeks, effective May 5, 2010; P.A. 15-247 amended Subsec. (a) to replace “38a-538 or 38a-554” with “38a-512a”, effective July 10, 2015.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51p. Membership in health care center as part of health benefits plan. (a) All employers subject to the provisions of chapter 567 employing twenty-five or more employees shall, at the request of a health care center, include in any health benefits plan offered to their employees the option of membership in a health care center, provided such health care center serves an area in which at least twenty-five employees of such employer reside.
(b) For those employees of an employer represented by a bargaining representative, the offer of the health care center alternative shall be made in a manner which is consistent with the collective bargaining process.
(c) If there is more than one health care center which is engaged in the provision of health services in the area in which at least twenty-five eligible employees of the employer reside and which has requested inclusion in the health benefits plan offered by the employer, the employer shall be required to offer the option of membership in (1) at least one health care center which provides health services primarily through staff physicians or medical groups or a combination thereof; and (2) at least one health care center which arranges for the delivery of health services primarily through physicians who provide services out of their own offices, provided that health care centers in the area differ in their primary method of health service delivery.
(d) No employer shall be required to pay more for health benefits as a result of the application of subsection (b) of section 38a-199, subsection (b) of section 38a-214 or this section than would otherwise be required by any prevailing collective bargaining agreement or other legally enforceable contract for the provision of health benefits between an employer and its employees.
(e) Each employer required to offer the option of membership in a health care center pursuant to the provisions of this section and which provides payroll deductions as a means of paying employees' contributions for health benefits shall, with the consent of an employee who exercises such option, provide for the collection of employee premiums through payroll deductions provided such payroll deductions are made for employees who choose other health benefits options.
(P.A. 83-216, S. 3.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51q. Liability of employer for discipline or discharge of employee on account of employee's exercise of certain constitutional rights or employee's refusal to attend employer-sponsored meeting or listen to speech relating to employer's opinion on political or religious matters. Definitions. Exceptions. (a) As used in this section:
(1) “Political matters” means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization; and
(2) “Religious matters” means matters relating to religious affiliation and practice and the decision to join or support any religious organization or association.
(b) Except as provided in subsections (c) and (d) of this section, any employer, including the state and any instrumentality or political subdivision thereof, who subjects or threatens to subject any employee to discipline or discharge on account of (1) the exercise by such employee of rights guaranteed by the first amendment to the United States Constitution or section 3, 4 or 14 of article first of the Constitution of the state, provided such activity does not substantially or materially interfere with the employee's bona fide job performance or the working relationship between the employee and the employer, or (2) such employee's refusal to (A) attend an employer-sponsored meeting with the employer or its agent, representative or designee, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters, or (B) listen to speech or view communications, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters, shall be liable to such employee for the full amount of gross loss of wages or compensation, with costs and such reasonable attorney's fees as may be allowed by the court. If the court determines that such action for damages was brought without substantial justification, the court may award costs and reasonable attorney's fees to the employer.
(c) Nothing in this section shall prohibit: (1) An employer or its agent, representative or designee from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of such legal requirement; (2) an employer or its agent, representative or designee from communicating to its employees any information that is necessary for such employees to perform their job duties; (3) an institution of higher education, or any agent, representative or designee of such institution, from meeting with or participating in any communications with its employees that are part of coursework, any symposia or an academic program at such institution; (4) casual conversations between employees or between an employee and an agent, representative or designee of an employer, provided participation in such conversations is not required; or (5) a requirement limited to the employer's managerial and supervisory employees.
(d) The provisions of this section shall not apply to a religious corporation, entity, association, educational institution or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 pursuant to 42 USC 2000e-1(a) or is exempt from sections 4a-60a, 46a-81a and 46a-81o pursuant to section 46a-81p, with respect to speech on religious matters to employees who perform work connected with the activities undertaken by such religious corporation, entity, association, educational institution or society.
(P.A. 83-578; P.A. 22-24, S. 1.)
History: P.A. 22-24 added Subsec. (a) defining “political matters” and “religious matter”, designated existing section as Subsec. (b) and added provision re employer's liability for disciplining or discharging employee for refusal to attend employer-sponsored meeting or listen to speech relating to employer's opinion on religious or political matters, added Subsecs. (c) and (d) providing exceptions to provision in Subsec. (b), effective July 1, 2022.
Cited. 193 C. 558; 209 C. 807. Right to jury trial cannot be implied; must be affirmatively expressed. 211 C. 370. Cited. 214 C. 464; 222 C. 346; 224 C. 693; 226 C. 314; 239 C. 356. Whether subject matter addressed by a particular statement is of public concern involves a question of law for the court, and whether the statement addresses such a matter depends on its content, form and context which is a question of fact, and in this case, it was within court's discretion to submit the question to the jury; in an action under section, it is within province of trial court to determine as a matter of law which topics are considered to be of public concern, but whether employee's statements address such a topic is within the province of the jury to be determined by looking at content, form and context; jury instruction was permissible that for protection to apply, employee's statement must concern a broader issue of public concern and not merely employee's personal matters. 249 C. 766. Section extends protection of rights of free speech under federal and state constitutions to employees in a private workplace; managerial decision about placement of flags in the workplace does not involve employee's constitutional rights of free speech. 251 C. 1. Public employees who make statements pursuant to their official duties are not speaking as citizens for first amendment purposes under federal constitution and plaintiff failed to establish she was speaking in unofficial capacity. 304 C. 483. While constitutional protections grounded in first amendment of federal constitution are applicable to private employees, plaintiff's speech not protected under federal constitution because statements were made pursuant to his employment duties. Id., 585. Rule in 547 U.S. 410 (i.e., when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for first amendment purposes, and the federal constitution does not insulate their communications from employer discipline) does not apply to claim that employer violated section by subjecting employee to discipline or discharge on account of the exercise by such employee of rights guaranteed by Art. I, Sec. 3, 4 or 14 of the state constitution; section extends same protection to employee speech pursuant to official job duties in a private workplace as the protection afforded to employee speech in a public workplace for claims involving the state constitution. 319 C. 175.
Section constitutes a waiver of sovereign immunity. 15 CA 297. Cited. 20 CA 231; 33 CA 600; 40 CA 577; 45 CA 712. Statute applies to some activities and speech that occur at the workplace; plaintiff's failure to display an American flag at his workstation is not constitutionally protected speech to which the statute applies since plaintiff's expression did not involve a matter of public concern. 48 CA 618. Nothing in the legislative history indicates that legislature's use of term “costs” in either Sec. 31-51m or this section was intended to authorize court to award prevailing party the cost of an economist; because an economist is not a listed expert witness whose cost may be reimbursed under Sec. 52-260(f), testimonial fees of plaintiff's expert economist cannot be reimbursed. 79 CA 501. Plaintiff, an elected municipal sheriff, was an independent contractor and not an employee of defendant municipality for purposes of section. 135 CA 699. The term “employer” does not include a customer that exercised its right under a service contract to communicate concerns about vendor company's employee that resulted in disciplinary action against the employee. 158 CA 482.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51r. Execution of employment promissory note prohibited. (a) As used in this section:
(1) “Employer” means any person engaged in business who has twenty-six or more employees, including the state and any political subdivision thereof.
(2) “Employee” means any person engaged in service to an employer in the business of his employer.
(3) “Employment promissory note” means any instrument or agreement executed on or after October 1, 1985, which requires an employee to pay the employer, or his agent or assignee, a sum of money if the employee leaves such employment before the passage of a stated period of time. “Employment promissory note” includes any such instrument or agreement which states such payment of moneys constitutes reimbursement for training previously provided to the employee.
(b) On or after October 1, 1985, no employer may require, as a condition of employment, any employee or prospective employee to execute an employment promissory note. The execution of an employment promissory note as a condition of employment is against public policy and any such note shall be void. If any such note is part of an employment agreement, the invalidity of such note shall not affect the other provisions of such agreement.
(c) Nothing in this section shall prohibit or render void any agreement between an employer and an employee (1) requiring the employee to repay to the employer any sums advanced to such employee, (2) requiring the employee to pay the employer for any property it has sold or leased to such employee, (3) requiring educational personnel to comply with any terms or conditions of sabbatical leaves granted by their employers, or (4) entered into as part of a program agreed to by the employer and its employees' collective bargaining representative.
(P.A. 85-521, S. 2; P.A. 87-42; 87-589, S. 8, 87.)
History: P.A. 87-42 made technical change in Subsec. (b) and added Subsec. (c) which established certain exceptions from the prohibition of the use of employment promissory notes; P.A. 87-589 made technical change in Subsec. (a).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51s. Notice to retired employees of sale of employer's business and effect on retirement benefits. At least thirty days prior to the intended date of sale of any business in this state which (1) employs twenty-five or more employees and (2) has retirees from such employment who are receiving health or life insurance benefits, or both, from such former employer, the chief executive of such business shall mail or deliver to each such retiree written notice stating what the status of the retiree's health and life insurance benefits will be after such sale. A copy of such notice shall be mailed or delivered at the same time to the Labor Commissioner.
(P.A. 87-548.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51t. Drug testing: Definitions. For the purposes of sections 31-51t to 31-51aa, inclusive:
(1) “Employee” means any individual currently employed or formerly employed and currently being rehired by the same employer within twelve months of terminating his employment, and includes any individual in a managerial position;
(2) “Employer” means any individual, corporation, partnership or unincorporated association, excluding the state or any political subdivision thereof;
(3) “Prospective employee” means any individual applying for employment with an employer, other than an individual who terminated his employment with such employer within twelve months prior to such application.
(P.A. 87-551, S. 1; P.A. 94-42.)
History: P.A. 94-42 amended the definition of “employee” to include any individual referred by the same employer within 12 months of terminating his employment and added a definition for “prospective employee”.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51u. Drug testing: Requirements. (a) No employer may determine an employee's eligibility for promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action solely on the basis of a positive urinalysis drug test result unless (1) the employer has given the employee a urinalysis drug test, utilizing a reliable methodology, which produced a positive result and (2) such positive test result was confirmed by a second urinalysis drug test, which was separate and independent from the initial test, utilizing a gas chromatography and mass spectrometry methodology or a methodology which has been determined by the Commissioner of Public Health to be as reliable or more reliable than the gas chromatography and mass spectrometry methodology.
(b) No person performing a urinalysis drug test pursuant to subsection (a) of this section shall report, transmit or disclose any positive test result of any test performed in accordance with subdivision (1) of subsection (a) of this section unless such test result has been confirmed in accordance with subdivision (2) of said subsection (a).
(P.A. 87-551, S. 2; P.A. 91-271, S. 1; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 91-271 designated existing section as Subsec. (a), eliminated the requirement for a third urinalysis drug test and added Subsec. (b) re disclosure of test results; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Cited. 26 CA 553.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51v. Drug testing: Prospective employees. No employer may require a prospective employee to submit to a urinalysis drug test as part of the application procedure for employment with such employer unless (1) the prospective employee is informed in writing at the time of application of the employer's intent to conduct such a drug test, (2) such test is conducted in accordance with the requirements of subdivisions (1) and (2) of subsection (a) of section 31-51u and (3) the prospective employee is given a copy of any positive urinalysis drug test result. The results of any such test shall be confidential and shall not be disclosed by the employer or its employees to any person other than any such employee to whom such disclosure is necessary.
(P.A. 87-551, S. 3; May Sp. Sess. P.A. 92-11, S. 43, 70.)
History: May Sp. Sess. P.A. 92-11 made a technical change in Subdiv. (2) by correcting a statutory reference.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51w. Drug testing: Observation prohibited. Privacy of results. (a) No employer or employer representative, agent or designee engaged in a urinalysis drug testing program shall directly observe an employee or prospective employee in the process of producing the urine specimen.
(b) Any results of urinalysis drug tests conducted by or on behalf of an employer shall be maintained along with other employee medical records and shall be subject to the privacy protections provided for in sections 31-128a to 31-128h, inclusive. Such results shall be inadmissible in any criminal proceeding.
(P.A. 87-551, S. 4, 5.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51x. Drug testing: Reasonable suspicion required. Random tests. (a) No employer may require an employee to submit to a urinalysis drug test unless the employer has reasonable suspicion that the employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee's job performance.
(b) Notwithstanding the provisions of subsection (a) of this section, an employer may require an employee to submit to a urinalysis drug test on a random basis if (1) such test is authorized under federal law, (2) the employee serves in an occupation which has been designated as a high-risk or safety-sensitive occupation pursuant to regulations adopted by the Labor Commissioner pursuant to chapter 54, or is employed to operate a school bus, as defined in section 14-275, or a student transportation vehicle, as defined in section 14-212, or (3) the urinalysis is conducted as part of an employee assistance program sponsored or authorized by the employer in which the employee voluntarily participates.
(P.A. 87-551, S. 6, 7; P.A. 91-271, S. 2; P.A. 07-224, S. 4; P.A. 16-169, S. 18.)
History: P.A. 91-271 amended Subsec. (a) to require the labor commissioner to adopt regulations specifying circumstances giving rise to reasonable suspicion; (Revisor's note: In 1997 references to “Commissioner of Labor” were changed editorially by the Revisors to “Labor Commissioner” for consistency with customary statutory usage); P.A. 07-224 amended Subsec. (b)(2) by adding provision re employee employed to operate a school bus or student transportation vehicle, effective July 1, 2007; P.A. 16-169 amended Subsec. (a) by deleting provision re Labor Commissioner to adopt regulations re circumstances presumed to give rise to reasonable suspicion.
Cited. 243 C. 66.
Subsec. (a):
Issue of voluntary testing under statute should be resolved in manner consistent with federal fourth amendment constitutional law; plaintiff seen as voluntarily consenting to testing in case in which he was motivated by fear that he would be dismissed for attempting to remove employer's property from the plant without authorization. 244 C. 598.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51y. Drug testing: Medical screenings, regulation of employees and testing of gaming participants permitted. (a) Nothing in sections 31-51t to 31-51aa, inclusive, shall prevent an employer from conducting medical screenings, with the express written consent of the employees, to monitor exposure to toxic or other unhealthy substances in the workplace or in the performance of their job responsibilities. Any such screenings or tests shall be limited to the specific substances expressly identified in the employee consent form.
(b) Nothing in sections 31-51t to 31-51aa, inclusive, shall restrict an employer's ability to prohibit the use of intoxicating substances during work hours or restrict an employer's ability to discipline an employee for being under the influence of intoxicating substances during work hours.
(c) Nothing in sections 31-51t to 31-51aa, inclusive, shall restrict or prevent a urinalysis drug test program conducted under the supervision of the Department of Consumer Protection relative to jai alai players, jai alai court judges, jockeys, harness drivers or stewards participating in activities upon which pari-mutuel wagering is authorized under chapter 226.
(P.A. 87-551, S. 8–10; P.A. 11-51, S. 204.)
History: P.A. 11-51 amended Subsec. (c) by substituting “Department of Consumer Protection” for “Division of Special Revenue within the Department of Revenue Services”, effective July 1, 2011.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51z. Drug testing: Enforcement. Damages. (a) Any aggrieved person may enforce the provisions of sections 31-51t to 31-51aa, inclusive, by means of a civil action. Any employer, laboratory or medical facility that violates any provision of sections 31-51t to 31-51aa, inclusive, or who aids in the violation of any provision of said sections shall be liable to the person aggrieved for special and general damages, together with attorney's fees and costs.
(b) Any employer, laboratory or medical facility that commits, or proposes to commit, an act in violation of any provision of sections 31-51t to 31-51aa, inclusive, may be enjoined therefrom by any court of competent jurisdiction. An action for injunctive relief under this subsection may be brought by any aggrieved person, by the Attorney General or by any person or entity which will fairly and adequately represent the interests of the protected class.
(P.A. 87-551, S. 11.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51aa. Drug testing: Effect of collective bargaining agreement. No provision of any collective bargaining agreement may contravene or supersede any provision of sections 31-51t to 31-51aa, inclusive, so as to infringe the privacy rights of any employee.
(P.A. 87-551, S. 12.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51bb. Right of employee to pursue cause of action. No employee shall be denied the right to pursue, in a court of competent jurisdiction, a cause of action arising under the state or federal Constitution or under a state statute solely because the employee is covered by a collective bargaining agreement. Nothing in this section shall be construed to give an employee the right to pursue a cause of action in a court of competent jurisdiction for breach of any provision of a collective bargaining agreement or other claims dependent upon the provisions of a collective bargaining agreement.
(P.A. 88-275, S. 1.)
Permits employee, despite prior voluntary submission of a related claim to final arbitration under collective bargaining agreement, to pursue statutory cause of action in Superior Court. 226 C. 475. Cited. 229 C. 801; 236 C. 421. Section does not create independent right to jury determination of damages when it is unclear that any litigant has such a right. 278 C. 692. Although collective bargaining agreement was relevant to degree of economic losses suffered by plaintiff, her indemnification claim was authorized by statute, Sec. 53-39a, and she was not required to exhaust administrative remedies prior to bringing action. 300 C. 708. The phrase “in a court of competent jurisdiction” was not intended to specify the forum in which an employee covered by a collective bargaining agreement may vindicate the right to raise a statutory claim in an agency, but was intended to make clear that the procedures provided for in a collective bargaining agreement would not be the exclusive vehicle by which employees covered by that agreement may vindicate their statutory and constitutional rights; Compensation Review Board correctly determined that section permitted plaintiff to file a claim with the Workers' Compensation Commission pursuant to Sec. 31-290a, despite the fact that the State Board of Mediation and Arbitration had issued an adverse decision on a similar claim in the arbitration proceeding brought pursuant to plaintiff's collective bargaining agreement. 329 C. 366.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-51cc to 31-51gg. Family and medical leave: Definitions, length of leave, eligibility. Prohibition of discrimination. Regulations, report. Phase-in provisions. Report on establishment of state-wide job bank. Sections 31-51cc to 31-51gg, inclusive, are repealed, effective January 1, 1997.
(P.A. 89-382, S. 1–6; P.A. 95-79, S. 113, 189; P.A. 96-140, S. 9, 10.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51hh. Reimbursement by employee of any loss or shortage resulting from wrongdoing by a customer. No employer may request or require reimbursement from an employee for any loss or shortage incurred in the course of the employer's business as a result of any wrongdoing on the part of a customer.
(P.A. 89-78.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51ii. Meal periods. Exemptions. Regulations. (a) No person shall be required to work for seven and one-half or more consecutive hours without a period of at least thirty consecutive minutes for a meal. Such period shall be given at some time after the first two hours of work and before the last two hours.
(b) The provisions of this section shall not be construed to alter or impair the provisions of any collective bargaining agreement in effect on July 1, 1990.
(c) The Labor Commissioner shall exempt any employer from the requirements of this section if he finds that (1) requiring compliance would be adverse to public safety, (2) the duties of a position may only be performed by one employee, (3) the employer employs less than five employees on a shift at a single place of business provided the exemption shall only apply to the employees on such shift, or (4) the continuous nature of an employer's operations, such as chemical production or research experiments, requires that employees be available to respond to urgent or unusual conditions at all times and such employees are compensated for break and meal periods.
(d) The provisions of this section shall not apply to any professional employee certified by the State Board of Education and employed by a local or regional board of education of any town or regional school district to work directly with children.
(e) The provisions of this section shall not prevent any employer and employee from entering into a written agreement providing for a different schedule of meal periods than the schedule required by subsection (a) of this section.
(f) The provisions of this section shall not apply to any employer who provides thirty or more total minutes of paid rest or meal periods to employees within each seven and one-half hour work period.
(g) Any employer who violates the provisions of this section may be subject to civil penalties in accordance with section 31-69a.
(P.A. 89-71, S. 1, 2; P.A. 90-37, S. 1, 2; P.A. 96-122; P.A. 22-67, S. 4.)
History: P.A. 89-71 effective July 1, 1990; P.A. 90-37 added Subsec. (e) concerning written agreements for different schedules and Subsec. (f) concerning employers who provide 30 or more total minutes of paid rest or meal periods within seven-and-one-half-hour work periods; P.A. 96-122 added Subsec. (g) making employers who violate the section subject to civil penalties; P.A. 22-67 amended Subsec. (c) to remove requirement for Labor Commissioner to adopt regulations to establish procedures and requirements for granting exemptions, effective May 23, 2022.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51jj. Notice to employees of incoming emergency telephone calls. (a) For purposes of this section:
(1) “Emergency” means a situation in which a member of the employee's family or a person designated by the employee in accordance with section 1-56r has died, has experienced a serious physical injury or is ill and in need of medical attention; and
(2) “Member of the employee's family” means a mother, father, husband, wife, son, daughter, sister or brother of the employee.
(b) An employer shall notify an employee of an incoming emergency telephone call for the employee if the caller states that the emergency involves a member of the employee's family or a person designated by the employee in accordance with section 1-56r. It shall not be a violation of this section if the employer proves, by a preponderance of the evidence, that he or she made reasonable efforts to notify the employee of the emergency telephone call.
(c) The failure of an employer to comply with any provision of this section shall be an infraction.
(P.A. 93-347; P.A. 02-105, S. 10.)
History: P.A. 02-105 amended Subsec. (a)(1) to redefine “emergency” and amended Subsec. (b) to require employer to notify employee of incoming emergency call from a person designated by the employee in accordance with Sec. 1-56r.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
See Secs. 31-49e to 31-49t, inclusive, re paid family and medical leave.
Interpretation of state leave statute should be consistent with interpretation of federal Family and Medical Leave Act. 276 C. 16. Under Subdiv. (4), an “employer” is one who employs a minimum of 75 employees in Connecticut, not including employees in other states. 306 C. 475.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51ll. Family and medical leave: Length of leave; eligibility; intermittent or reduced leave schedules; substitution of accrued paid leave; notice to employer. (a)(1) Subject to section 31-51mm, an eligible employee shall be entitled to a total of twelve workweeks of leave during any twelve-month period, such twelve-month period to be determined utilizing any one of the following methods: (A) A calendar year; (B) any fixed twelve-month period, such as a fiscal year or a twelve-month period measured forward from an employee's first date of employment; (C) a twelve-month period measured forward from an employee's first day of leave taken under sections 31-51kk to 31-51qq, inclusive; or (D) a rolling twelve-month period measured backward from an employee's first day of leave taken under sections 31-51kk to 31-51qq, inclusive. Such employee may take up to two additional weeks of leave during such twelve-month period for a serious health condition resulting in incapacitation that occurs during a pregnancy.
(2) Leave under this subsection may be taken for one or more of the following reasons:
(A) Upon the birth of a son or daughter of the employee;
(B) Upon the placement of a son or daughter with the employee for adoption or foster care;
(C) In order to care for a family member of the employee, if such family member has a serious health condition;
(D) Because of a serious health condition of the employee;
(E) In order to serve as an organ or bone marrow donor; or
(F) Because of any qualifying exigency, as determined in regulations adopted by the United States Secretary of Labor, arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty, or has been notified of an impending call or order to active duty, in the armed forces, as defined in subsection (a) of section 27-103.
(b) Entitlement to leave under subparagraph (A) or (B) of subdivision (2) of subsection (a) of this section may accrue prior to the birth or placement of a son or daughter when such leave is required because of such impending birth or placement.
(c) (1) Leave under subparagraph (A) or (B) of subdivision (2) of subsection (a) of this section for the birth or placement of a son or daughter may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer agree otherwise. Subject to subdivision (2) of this subsection concerning an alternative position, subdivision (2) of subsection (f) of this section concerning the duties of the employee and subdivision (5) of subsection (b) of section 31-51mm concerning sufficient certification, leave under subparagraph (C) or (D) of subdivision (2) of subsection (a) or under subsection (i) of this section for a serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this subsection shall not result in a reduction of the total amount of leave to which the employee is entitled under subsection (a) of this section beyond the amount of leave actually taken.
(2) If an employee requests intermittent leave or leave on a reduced leave schedule under subparagraph (C), (D) or (E) of subdivision (2) of subsection (a) or under subsection (i) of this section that is foreseeable based on planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that (A) has equivalent pay and benefits, and (B) better accommodates recurring periods of leave than the regular employment position of the employee, provided the exercise of this authority shall not conflict with any provision of a collective bargaining agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the employee is a part.
(d) Except as provided in subsection (e) of this section, leave granted under subsection (a) of this section may consist of unpaid leave.
(e) (1) If an employer provides paid leave for fewer than twelve workweeks, the additional weeks of leave necessary to attain the twelve workweeks of leave required under sections 5-248a and 31-51kk to 31-51qq, inclusive, may be provided without compensation or with compensation through the Family and Medical Leave Insurance Program established in section 31-49g.
(2) (A) An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave or family leave of the employee for leave provided under subparagraph (A), (B) or (C) of subdivision (2) of subsection (a) of this section for any part of the twelve-week period of such leave under said subsection or under subsection (i) of this section for any part of the twenty-six-week period of such leave, provided such eligible employee may retain not less than two weeks of such leave.
(B) An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subparagraph (C), (D) or (E) of subdivision (2) of subsection (a) of this section for any part of the twelve-week period of such leave under said subsection or under subsection (i) of this section for any part of the twenty-six-week period of leave, provided such eligible employee may retain not less than two weeks of such leave, except that nothing in section 5-248a or sections 31-51kk to 31-51qq, inclusive, shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.
(f) (1) In any case in which the necessity for leave under subparagraph (A) or (B) of subdivision (2) of subsection (a) of this section is foreseeable based on an expected birth or placement of a son or daughter, the employee shall provide the employer with not less than thirty days' notice, before the date of the leave is to begin, of the employee's intention to take leave under said subparagraph (A) or (B), except that if the date of the birth or placement of a son or daughter requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable.
(2) In any case in which the necessity for leave under subparagraph (C), (D) or (E) of subdivision (2) of subsection (a) or under subsection (i) of this section is foreseeable based on planned medical treatment, the employee (A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the family member of the employee, as appropriate; and (B) shall provide the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave under said subparagraph (C), (D) or (E) or said subsection (i), except that if the date of the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable.
(g) In any case in which two spouses entitled to leave under subsection (a) of this section are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to twelve workweeks during any twelve-month period, if such leave is taken: (1) Under subparagraph (A) or (B) of subdivision (2) of subsection (a) of this section; or (2) to care for a sick family member under subparagraph (C) of said subdivision. In any case in which two spouses entitled to leave under subsection (i) of this section are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to twenty-six workweeks during any twelve-month period.
(h) Unpaid leave taken pursuant to sections 5-248a and 31-51kk to 31-51qq, inclusive, shall not be construed to affect an employee's qualification for exemption under chapter 558.
(i) Subject to section 31-51mm, an eligible employee who is the spouse, son or daughter, parent or next of kin of a current member of the armed forces, as defined in section 27-103, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty shall be entitled to a one-time benefit of twenty-six workweeks of leave during any twelve-month period for each armed forces member per serious injury or illness incurred in the line of duty. Such twelve-month period shall commence on an employee's first day of leave taken to care for a covered armed forces member and end on the date twelve months after such first day of leave. For the purposes of this subsection, (1) “next of kin” means the armed forces member's nearest blood relative, other than the covered armed forces member's spouse, parent, son or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the armed forces member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered armed forces member has specifically designated in writing another blood relative as his or her nearest blood relative or any other individual whose close association with the employee is the equivalent of a family member for purposes of military caregiver leave, in which case the designated individual shall be deemed to be the covered armed forces member's next of kin; and (2) “son or daughter” means a biological, adopted or foster child, stepchild, legal ward or child for whom the eligible employee or armed forces member stood in loco parentis and who is any age.
(j) Leave taken pursuant to sections 31-51kk to 31-51qq, inclusive, shall not run concurrently with the provisions of section 31-313.
(k) Notwithstanding the provisions of sections 5-248a and 31-51kk to 31-51qq, inclusive, all further rights granted by federal law shall remain in effect.
(P.A. 96-140, S. 2, 10; P.A. 03-213, S. 2; P.A. 04-95, S. 2; 04-257, S. 49; P.A. 09-70, S. 1; P.A. 10-88, S. 4–6; P.A. 16-195, S. 1; P.A. 19-25, S. 18.)
History: P.A. 96-140 effective January 1, 1997; P.A. 03-213 amended Subsec. (a) by deleting “begin with the first day of leave taken,” and adding provisions specifying alternative methods for determining the 24-month period during which family and medical leave may be taken; P.A. 04-95 amended Subsec. (a) to expand leave entitlement to organ or bone marrow donors, to reorganize provisions into new Subdivs. (1) and (2), and to redesignate both sets of existing Subdivs. (1) to (4) as Subparas. (A) to (D), respectively, and amended Subsecs. (b), (c), (e) and (f) to make internal references consistent with changes in Subsec. (a); P.A. 04-257 made technical changes in Subsecs. (a) to (c) and (e) to (g), effective June 14, 2004; P.A. 09-70 added new Subsecs. (i) and (j) re additional leave for eligible employees who are family members of armed forces members injured in line of duty, redesignated existing Subsec. (i) as Subsec. (k), and made conforming changes in Subsecs. (c), (e)(2), (f)(2) and (g), effective May 27, 2009; P.A. 10-88 made technical changes in Subsecs. (f)(2), (i) and (j), effective May 26, 2010; P.A. 16-195 amended Subsec. (a)(2) by adding Subpara. (F) re qualifying exigency arising out of active duty service or notification of impending call or order to active duty in the armed forces, effective June 7, 2016; P.A. 19-25 amended Subsec. (a)(1) by replacing provision re 16 workweeks of leave during any 24 month period with provision re 12 workweeks of leave during any 12 month period, and adding provision re 2 additional weeks of leave for serious health condition that results in incapacitation that occurs during pregnancy, amended Subsec. (a)(2)(C) by replacing references to spouse, son, daughter or parent with references to family member, amended Subsec. (e)(1) by replacing references to 16 workweeks of leave with references to 12 workweeks of leave and adding “or with compensation through the Family and Medical Leave Insurance Program established in section 31-49g”, amended Subsec. (e)(2) by replacing reference to 16 week period with reference to 12 week period, and adding provisions re employee retaining not less than 2 weeks of leave, amended Subsec. (f)(2) by replacing reference to son, daughter, spouse or parent with reference to family member, amended Subsec. (g) by replacing “a husband and wife” with “two spouses”, replacing provision re 16 workweeks of leave during any 24 month period with provision re 12 workweeks of leave during any 12 month period, and replacing “parent” with “family member”, amended Subsec. (i) by adding “or any other individual whose close association with the employee is the equivalent of a family member”, and made technical and conforming changes, effective January 1, 2022.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51mm. Family and medical leave: Certification. (a) An employer may require that request for leave based on a serious health condition in subparagraph (C) or (D) of subdivision (2) of subsection (a) of section 31-51ll, or leave based on subsection (i) of section 31-51ll, be supported by a certification issued by the health care provider of the eligible employee or of the next of kin or family member of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer.
(b) Certification provided under subsection (a) of this section shall be sufficient if it states:
(1) The date on which the serious health condition commenced;
(2) The probable duration of the condition;
(3) The appropriate medical facts within the knowledge of the health care provider regarding the condition;
(4) (A) For purposes of leave under subparagraph (C) of subdivision (2) of subsection (a) of section 31-51ll, a statement that the eligible employee is needed to care for the family member and an estimate of the amount of time that such employee needs to care for the family member; and (B) for purposes of leave under subparagraph (D) of subdivision (2) of subsection (a) of section 31-51ll, a statement that the employee is unable to perform the functions of the position of the employee;
(5) In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;
(6) In the case of certification for intermittent leave or leave on a reduced leave schedule under subparagraph (D) of subdivision (2) of subsection (a) of section 31-51ll, a statement of the medical necessity of the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule;
(7) In the case of certification for intermittent leave or leave on a reduced leave schedule under subparagraph (C) of subdivision (2) of subsection (a) of section 31-51ll, a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the family member who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule; and
(8) In the case of certification for intermittent leave or leave on a reduced leave schedule under subsection (i) of section 31-51ll, a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the spouse, son or daughter, parent or next of kin who is a current member of the armed forces, as defined in section 27-103, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is on the temporary disability retired list, for a serious injury or illness incurred in the line of duty, and the expected duration and schedule of the intermittent leave or reduced leave schedule. For the purposes of this subsection, “son or daughter” and “next of kin” have the same meanings as provided in subsection (i) of section 31-51ll.
(c) (1) In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) of this section for leave under subparagraph (C) or (D) of subdivision (2) of subsection (a) or under subsection (i) of section 31-51ll, the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) of this section for such leave.
(2) A health care provider designated or approved under subdivision (1) of this subsection shall not be employed on a regular basis by the employer.
(d) (1) In any case in which the second opinion described in subsection (c) of this section differs from the opinion in the original certification provided under subsection (a) of this section, the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b) of this section.
(2) The opinion of the third health care provider concerning the information certified under subsection (b) of this section shall be considered to be final and shall be binding on the employer and the employee.
(e) The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis, provided the standards for determining what constitutes a reasonable basis for recertification may be governed by a collective bargaining agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the worker is a part if such a collective bargaining agreement is in effect. Unless otherwise required by the employee's health care provider, the employer may not require recertification more than once during a thirty-day period and, in any case, may not unreasonably require recertification. The employer shall pay for any recertification that is not covered by the employee's health insurance.
(P.A. 96-140, S. 3, 10; P.A. 04-95, S. 3; 04-257, S. 50; P.A. 09-70, S. 2; P.A. 10-88, S. 3; P.A. 14-122, S. 146; P.A. 19-25, S. 19.)
History: P.A. 96-140 effective January 1, 1997; P.A. 04-95, effective October 1, 2004, and P.A. 04-257, effective June 14, 2004, both made identical technical changes in Subsecs. (a) to (c); P.A. 09-70 amended Subsecs. (a) and (c) by adding reference to Sec. 31-51ll(i), amended Subsecs. (a) and (b) by adding “or next of kin”, and amended Subsec. (b) by adding Subdiv. (8) re requirements for certification of intermittent leave for an eligible employee to receive additional leave to provide care under Sec. 31-51ll, effective May 27, 2009; P.A. 10-88 amended Subsec. (b)(4)(A) by deleting “or next of kin” and making technical changes, effective May 26, 2010; P.A. 14-122 made technical changes in Subsec. (b)(8); P.A. 19-25 replaced references to son, daughter, spouse and parent with references to family member, effective January 1, 2022.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51nn. Family and medical leave: Employment and benefits protection. (a) Any eligible employee who takes leave under section 31-51ll for the intended purpose of the leave shall be entitled on return from such leave (1) to be restored by the employer to the position of employment held by the employee when the leave commenced; (2) if the original position of employment is not available, to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment; or (3) in the case of a medical leave, if the employee is medically unable to perform the employee's original job upon the expiration of such leave, to be transferred to work suitable to such employee's physical condition if such work is available.
(b) The taking of leave under section 31-51ll shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
(c) Nothing in this section shall be construed to entitle any restored employee to (1) the accrual of any seniority or employment benefits during any period of leave; or (2) any right, benefit or position of employment other than any right, benefit or position to which the employee would have been entitled had the employee not taken the leave.
(d) As a condition of restoration under subsection (a) of this section for an employee who has taken leave under subparagraph (D) of subdivision (2) of subsection (a) of section 31-51ll, the employer may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work, except that nothing in this subsection shall supersede a valid law of this state or a collective bargaining agreement that governs the return to work of such employees.
(e) Nothing in this section shall be construed to prohibit an employer from requiring an employee on leave under section 31-51ll to report periodically to the employer on the status and intention of the employee to return to work.
(f) Employees may have additional rights under other state and federal law, including rights under the federal Americans with Disabilities Act of 1990. Nothing in sections 5-248a and 31-51kk to 31-51qq, inclusive, shall limit any such additional rights.
(P.A. 96-140, S. 4, 10; P.A. 04-95, S. 4; 04-257, S. 51.)
History: P.A. 96-140 effective January 1, 1997; P.A. 04-95, effective October 1, 2004, and P.A. 04-257, effective June 14, 2004, both made identical technical changes in Subsec. (d).
Section does not expressly obligate employer to accommodate employee's work-at-home requests or to refrain from taking adverse action against employee who persists in efforts to secure such arrangement. 249 C. 766.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51oo. Family and medical leave: Confidentiality of medical records and documents. Records and documents relating to medical certifications, recertifications or medical histories of employees or employees' family members, created for purposes of sections 5-248a, 31-49f to 31-49t, inclusive, and 31-51kk to 31-51qq, inclusive, shall be maintained as medical records pursuant to chapter 563a, except that: (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations; (2) first aid and safety personnel may be informed, when appropriate, if the employee's physical or medical condition might require emergency treatment; and (3) government officials investigating compliance with sections 5-248a, 31-49f to 31-49t, inclusive, and 31-51kk to 31-51qq, inclusive, or other pertinent law shall be provided relevant information upon request.
(P.A. 96-140, S. 5, 10; P.A. 19-25, S. 20.)
History: P.A. 96-140 effective January 1, 1997; P.A. 19-25 added references to Secs. 31-49f to 31-49t, effective January 1, 2022.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51pp. Family and medical leave: Prohibited acts, complaints, rights and remedies. (a)(1) It shall be a violation of sections 5-248a, 31-49e to 31-49t, inclusive, 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, 31-49e to 31-49t, inclusive, 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, 31-49e to 31-49t, inclusive, 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, 31-49e to 31-49t, inclusive, 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; P.A. 22-118, S. 194.)
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; P.A. 22-118 amended Subsecs. (a) and (b) to add references to Secs. 31-49e to 31-49t, effective July 1, 2022.
Subsec. (c):
“Accumulated sick leave” refers to paid sick leave that has been earned by an employee but not yet used. 283 C. 644.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51ss. Leave from employment for victims of family violence. Action for damages and reinstatement. (a) For the purposes of this section:
(1) “Employer” means a person engaged in business who has three or more employees, including the state and any political subdivision of the state;
(2) “Employee” means any person engaged in service to an employer in the business of the employer;
(3) “Family violence” means family violence, as defined in section 46b-38a; and
(4) “Leave” includes paid or unpaid leave which may include, but is not limited to, compensatory time, vacation time, personal days off or other time off.
(b) If an employee is a victim of family violence, an employer shall permit the employee to take paid or unpaid leave during any calendar year in which such leave is reasonably necessary (1) to seek medical care or psychological or other counseling for physical or psychological injury or disability for the victim, (2) to obtain services from a victim services organization on behalf of the victim, (3) to relocate due to such family violence, or (4) to participate in any civil or criminal proceeding related to or resulting from such family violence. An employer may limit unpaid leave under this section to twelve days during any calendar year. Leave under this section shall not affect any other leave provided under state or federal law.
(c) If an employee's need to use leave under this section is foreseeable, an employer may require advance notice, not to exceed seven days prior to the date such leave is to begin, of the intention to use such leave. If an employee's need for such leave is not foreseeable, an employer may require an employee to give notice of such intention as soon as practicable.
(d) Upon an employer's request, an employee who takes leave pursuant to this section shall provide the employer a signed written statement certifying that the leave is for a purpose authorized under this section. The employer may also, but need not, request that the employee provide a police or court record related to the family violence or a signed written statement that the employee is a victim of family violence, provided such statement is from an employee or agent of a victim services organization, an attorney, an employee of the Judicial Branch's Office of Victim Services or the Office of the Victim Advocate, or a licensed medical professional or other licensed professional from whom the employee has sought assistance with respect to the family violence.
(e) Nothing in this section shall be construed to (1) prevent employers from providing more leave than is required under this section, (2) diminish any rights provided to any employee under the terms of the employee's employment or a collective bargaining agreement, or (3) preempt or override the terms of any collective bargaining agreement effective prior to October 1, 2010.
(f) Nothing in this section shall be construed to require an employer to provide paid leave under this section if (1) the employee is not entitled to paid leave pursuant to the terms and conditions of the employee's employment, or (2) such paid leave exceeds the maximum amount of leave due the employee during any calendar year, provided the employee shall be entitled to unpaid leave under this section if paid leave is exhausted or not provided.
(g) Any written statement or police or court record provided to an employer pursuant to subsection (d) of this section shall be maintained as confidential by the employer and shall not be further disclosed by the employer except as required by federal or state law or as necessary to protect the employee's safety in the workplace, provided the employee is given notice prior to the disclosure.
(h) If an employer discharges, penalizes or threatens or otherwise coerces an employee in violation of this section, the employee, not later than one hundred eighty days from the occurrence of such action, may bring a civil action for damages and for an order requiring the employee's reinstatement or otherwise rescinding such action. If the employee prevails, the employee shall be allowed a reasonable attorney's fee to be fixed by the court.
(P.A. 10-144, S. 15.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51tt. Employer inquiries about an employee's or prospective employee's credit. Exceptions. Enforcement. (a) As used in this section:
(1) “Employee” means any person engaged in service to an employer in a business of his employer;
(2) “Employer” means any person engaged in business who has one or more employees, including the state or any political subdivision of the state;
(3) “Financial institution” means (A) any entity or affiliate of a state bank and trust company, national banking association, state or federally chartered savings bank, state or federally chartered savings and loan association, state or federally chartered credit union, insurance company, investment advisor, broker-dealer, (B) an entity registered with the Securities and Exchange Commission, or (C) any mortgage broker, mortgage correspondent lender or mortgage lender licensed pursuant to chapter 668 or any mortgage servicing company, as defined in section 36a-715; and
(4) “Substantially related to the employee's current or potential job” means the information contained in the credit report is related to the position for which the employee or prospective employee who is the subject of the report is being evaluated because the position:
(A) Is a managerial position which involves setting the direction or control of a business, division, unit or an agency of a business;
(B) Involves access to customers', employees' or the employer's personal or financial information other than information customarily provided in a retail transaction;
(C) Involves a fiduciary responsibility to the employer, including, but not limited to, the authority to issue payments, collect debts, transfer money or enter into contracts;
(D) Provides an expense account or corporate debit or credit card;
(E) Provides access to (i) confidential or proprietary business information, or (ii) information, including a formula, pattern, compilation, program, device, method, technique, process or trade secret that: (I) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the disclosure or use of the information; and (II) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; or
(F) Involves access to the employer's nonfinancial assets valued at two thousand five dollars or more, including, but not limited to, museum and library collections and to prescription drugs and other pharmaceuticals.
(b) No employer or employer's agent, representative or designee may require an employee or prospective employee to consent to a request for a credit report that contains information about the employee's or prospective employee's credit score, credit account balances, payment history, savings or checking account balances or savings or checking account numbers as a condition of employment unless (1) such employer is a financial institution, (2) such report is required by law, (3) the employer reasonably believes that the employee has engaged in specific activity that constitutes a violation of the law related to the employee's employment, or (4) such report is substantially related to the employee's current or potential job or the employer has a bona fide purpose for requesting or using information in the credit report that is substantially job-related and is disclosed in writing to the employee or applicant.
(c) Any employee or prospective employee may file a complaint with the Labor Commissioner alleging a violation of the provisions of subsection (b) of this section. Within thirty days after the filing of such complaint, the commissioner shall conduct an investigation and shall render his findings. Should such findings warrant, the commissioner shall hold a hearing, in accordance with the provisions of chapter 54. An employer shall be liable to the Labor Department for a civil penalty of three hundred dollars for each inquiry made in violation of subsection (b) of this section.
(d) The Attorney General, upon complaint of the Labor Commissioner, shall institute civil actions to recover the penalties provided for under subsection (c) of this section. Any amount recovered shall be deposited in the General Fund.
(P.A. 11-223, S. 1; P.A. 14-109, S. 1.)
History: P.A. 14-109 amended Subsec. (a)(3) to redefine “financial institution” by inserting Subpara. (A) and (B) designators and adding Subpara. (C) re licensed mortgage broker, lender or correspondent lender and mortgage servicing company.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51uu. Optional exclusion of employee health insurance premiums from gross income. Any employer that provides health insurance benefits to its employees for which any portion of the premiums are deducted from the employees' pay shall offer such employees the opportunity to have such portion excluded from their gross income for state or federal income tax purposes, except as required under Section 125 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.
(P.A. 07-185, S. 23.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51vv. Employment of person coerced to engage in such employment prohibited. (a) No employer shall employ any person knowing that such person is being coerced by another person to engage in such employment in violation of section 53a-192a.
(b) The Attorney General, upon the request of the Labor Commissioner, may bring a civil action in the Superior Court to recover a civil penalty of not more than ten thousand dollars for each violation of subsection (a) of this section and such injunctive or other equitable relief as the court may, in its discretion, order.
(P.A. 06-43, S. 3.)
History: P.A. 06-43 effective July 1, 2006.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51ww. Individual development account programs: Definitions. As used in this section and sections 31-51xx to 31-51eee, inclusive:
(1) “Account holder” means a participant in a certified state IDA program;
(2) “Department” means the Labor Department;
(3) “Approved plan” means a plan prepared jointly by the account holder and the community-based organization that defines savings goals, program requirements and permissible uses of the individual development account and its matching funds pursuant to sections 31-51xx to 31-51aaa, inclusive, and regulations adopted pursuant to section 31-51ddd. The approved plan shall be a contract between the account holder and the community-based organization;
(4) “Area median income” means area median household income as determined from time to time by the United States Department of Housing and Urban Development;
(5) “Certified state IDA program” means a program of matched savings accounts that has been certified by the department in accordance with regulations adopted pursuant to section 31-51ddd;
(6) “Clearinghouse” means a service to provide organizations interested in establishing, or which have established, individual development account programs with literature on federal, state and other sources of funding, guidelines for best practices and program standards, and information regarding the establishment and maintenance of certified state IDA programs;
(7) “Community-based organization” means an organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, which meets the requirements set forth in regulations pursuant to section 31-51ddd;
(8) “Education” means (A) a postsecondary program of instruction provided by a college, university, community college, the Technical Education and Career System, professional institution or specialized college or school legally authorized to grant degrees, or (B) any related educational program approved by the community-based organization and the department;
(9) “Entrepreneurial activity” means the purchase of or investment in a small business in Connecticut in which, upon such purchase or investment, the account holder will be a principal;
(10) “Federal poverty level” means the most recent poverty income guidelines published by the United States Department of Health and Human Services;
(11) “Financial institution” means a “financial institution”, as defined in section 36a-330;
(12) “Household” means a household, as defined in the federal Assets for Independence Act, P.L. 105-235;
(13) “Individual development account” means a savings account, maintained in a program that is established pursuant to section 31-51xx that is held in a financial institution, for the sole purpose of holding the funds of the account holder for one of the purposes described in subsection (a) of section 31-51xx;
(14) “Individual Development Account Reserve Fund” means a nonlapsing fund administered by the department for the purposes of providing matching funds for individual development accounts in certified state IDA programs, and for funding costs incurred by community-based organizations in the operation and administration of such programs and department's administrative costs for the Connecticut IDA Initiative;
(15) “Connecticut IDA Initiative” means the state-wide individual development account initiative established in section 31-51xx;
(16) “Job training” means a program for job entrance or skill development approved by the community-based organization and the department;
(17) “Qualified disabled individual” means a disabled individual eligible for assistance to the disabled pursuant to chapter 319mm; and
(18) “Small business” means a business entity, including its affiliates, that (A) is independently owned and operated, and (B) employs fewer than seventy-five full-time employees or has gross annual sales of less than five million dollars.
(P.A. 00-192, S. 1, 102; P.A. 12-116, S. 87; P.A. 16-32, S. 2; P.A. 17-237, S. 107.)
History: P.A. 00-192 effective January 1, 2001; pursuant to P.A. 12-116, “vocational-technical school” was changed editorially by the Revisors to “technical high school” in Subdiv. (8), effective July 1, 2012; P.A. 16-32 amended Subdiv. (9) to delete reference to Sec. 4-168a(a) and added Subdiv. (18) defining “small business”; P.A. 17-237 amended Subdiv. (8)(A) by replacing “area technical high school” with “the Technical Education and Career System”, effective July 1, 2017.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51xx. Connecticut IDA Initiative established. Implementation. (a) There is established the “Connecticut IDA Initiative”. The initiative shall be administered by the Labor Department. The initiative shall provide an eligible individual as provided in section 31-51yy with an opportunity, through a certified state IDA program, to establish an individual development account from which funds may be used by the account holder for the following purposes as specified in the approved plan: (1) The costs of education or job training; (2) the purchase of a home as a primary residence; (3) the participation in or development of a new or existing entrepreneurial activity; (4) the purchase of an automobile for the purpose of obtaining or maintaining employment; (5) the making of a lease deposit on a primary residence; or (6) the costs of education or job training for a dependent child of the account holder.
(b) To implement the Connecticut IDA Initiative, the department shall, in accordance with regulations adopted pursuant to section 31-51ddd: (1) Establish an Individual Development Account Reserve Fund in accordance with section 31-51aaa; (2) establish and operate, directly or by contract with another entity, the clearinghouse; (3) solicit, review, accept or reject proposals from community-based organizations seeking to operate certified state IDA programs on a not-for-profit basis; and (4) perform such monitoring, evaluation and oversight functions as are appropriate for the administration of the Connecticut IDA Initiative.
(c) The department shall determine the maximum per cent of all funds received from the Individual Development Account Reserve Fund that may be used by a community-based organization operating a certified state IDA program in providing training, counseling, case management and for administrative purposes.
(P.A. 00-192, S. 2, 102; P.A. 08-23, S. 1; P.A. 13-140, S. 1.)
History: P.A. 00-192 effective January 1, 2001; P.A. 08-23 amended Subsec. (a) to add Subdiv. (6) re education or job training for dependent child as purpose for which fund may be used and to make technical changes; P.A. 13-140 amended Subsec. (a) by deleting “one of” re purposes specified in approved plan, effective June 18, 2013.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51yy. Eligibility. Duties of community-based organizations and financial institutions. (a) An individual who has earned income, and who is a member of a household whose adjusted gross income is not in excess of eighty per cent of the area median household income for the area where such individual resides, is eligible to participate in a certified state IDA program for the purpose of accumulating and withdrawing moneys for purposes specified in subsection (a) of section 31-51xx; except that, if an individual does not have earned income solely due to a qualified disability, the earned income requirement shall not apply to such individual.
(b) Each community-based organization operating a certified state IDA program shall establish, through written governing instruments with a qualified financial institution: (1) A trust or custodial account on behalf of each account holder in its program into which the account holder shall deposit savings, which accounts shall conform to the requirements of the federal Assets for Independence Act, P.A. 105-285; and (2) a separate local reserve fund into which the department shall deposit funds from the Individual Development Account Reserve Fund and into which the community-based organization shall deposit funds received from the certified state IDA program from any other source. The community-based organization shall certify to the department, on forms prescribed by the department and accompanied by any documentation required by the department, that such accounts have been established pursuant to the provisions of sections 31-51ww to 31-51eee, inclusive, and that deposits have been made to an account by or on behalf of the account holder.
(c) A financial institution establishing a trust or custodial account on behalf of an account holder shall: (1) Permit deposits to be made in the account by the account holder; and (2) pay a market rate of interest on the account.
(d) The community-based organization shall determine and monitor the earned income levels of all account holders in its certified state IDA program and shall use its best efforts to ensure that at least thirty per cent of such account holders have earned income at or below two hundred per cent of the federal poverty level.
(P.A. 00-192, S. 3, 102.)
History: P.A. 00-192 effective January 1, 2001.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51zz. Individual Development Account Reserve Fund: Funds deposited in. All amounts appropriated by the state for the Connecticut IDA Initiative shall be deposited in the Individual Development Account Reserve Fund, which shall be administered by the department. In addition to all amounts appropriated by the state, the department shall deposit in the Individual Development Account Reserve Fund grants, donations, contributions and any other sources of revenue received for this purpose.
(P.A. 00-192, S. 4, 102.)
History: P.A. 00-192 effective May 26, 2000.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51aaa. Individual Development Account Reserve Fund: Use and administration. (a) Funds from the Individual Development Account Reserve Fund shall be used to provide grants to community-based organizations that are operating certified state IDA programs for the purpose of providing matching funds for the individual development accounts in their programs, to assist the organizations to provide training, counseling and case management for program participants and for program administration purposes. Funds may also be used to pay for the evaluation required pursuant to section 31-51ccc, the operation of the clearinghouse, and the department's administrative expenses for the Connecticut IDA Initiative. The department shall determine what proportion of the funds in the Individual Development Account Reserve Fund shall be used for each of these purposes.
(b) The Individual Development Account Reserve Fund shall be administered as follows:
(1) No new grant shall be approved by the department unless there is sufficient funding in the Individual Development Account Reserve Fund, as determined by the department, to meet all existing funding obligations including the maximum amount of state matching funds that would be required if each account holder in these certified programs met the savings goals in such account holder's approved plan.
(2) Any funds remaining in the Individual Development Account Reserve Fund at the end of each fiscal year, and the interest thereon, shall be retained in said fund and used in the next succeeding fiscal year for expenditures set forth in subsection (a) of this section.
(c) Grants received by the community-based organization from the Individual Development Account Reserve Fund for matching funds shall be held in the organization's local reserve fund. This fund shall be an account separate from account holders' individual development accounts, and its funds shall be disbursed in accordance with subsections (e) and (f) of this section pursuant to regulations adopted pursuant to section 31-51ddd. Grants from the Individual Development Account Reserve Fund for matching funds to certified state IDA programs shall be made on behalf of each individual account holder in the maximum amount of two dollars for every one dollar deposited in the individual development account by the account holder, not to exceed three thousand dollars per account holder for the duration of the account holder's participation in the program.
(d) The department and the community-based organizations, separately or cooperatively, may solicit grants and private contributions for the Individual Development Account Reserve Fund and for the local reserve funds of community-based organizations operating certified state IDA programs.
(e) If moneys are withdrawn from an individual development account by an account holder due to the account holder's decision to leave the certified state IDA program, all matching funds designated for said moneys shall be forfeited by the account holder and shall be retained in the local reserve fund to match the funds of a new account holder, or if not used shall be returned by the community-based organization to the department for redeposit into the Individual Development Account Reserve Fund at the close of the grant. If the withdrawal is an emergency withdrawal, as defined in regulations adopted pursuant to section 31-51ddd, or is a withdrawal due to circumstances other than an account holder's decision to leave the certified state IDA program, the community-based organization may retain the matching funds for the account holder in its local reserve fund until such account holder redeposits the withdrawn funds.
(f) When the account holder has made sufficient deposits to such account holder's individual development account to achieve the savings goals set forth in such account holder's approved plan, the community-based organization shall pay such sum together with the matching funds from the organization's local reserve account that are attributed to this individual development account, directly to the person or entity providing the goods or services. Where matching funds from the Individual Development Account Reserve Fund have not been paid out by the community-based organization for an eligible purpose within five years after the establishment of an individual development account grant, the matching funds from the Individual Development Account Reserve Fund shall be returned to the department for deposit in the Individual Development Account Reserve Fund, except that the community-based organization may grant a leave of absence or extension of time to an account holder for a period not to exceed two years, within such five-year period in accordance with regulations adopted pursuant to section 31-51ddd.
(P.A. 00-192, S. 5, 102; P.A. 13-140, S. 2.)
History: P.A. 00-192 effective January 1, 2001; P.A. 13-140 amended Subsec. (b)(1) by replacing “goal” with “goals”, amended Subsec. (c) by deleting provision re $1,000 maximum on matching funds per account holder per calendar year, amended Subsec. (e) by deleting provision re December 31 deadline for return of matching funds, adding provisions requiring forfeited moneys to be retained in the local reserve fund or returned to the department at the close of the grant, deleting provision re account holder leaving the certified state IDA program, and making a technical change, and amended Subsec. (f) by replacing “goal” with “goals”, changing time frame for return of matching funds from within 5 years of opening the IDA to within 5 years of the establishment of the IDA grant and deleting provision re account holder not making contributions, effective June 18, 2013.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51bbb. Account funds excluded in determination of eligibility for or benefit level of certain programs. Notwithstanding any other provision of the general statutes, funds deposited into, held in, credited to, or withdrawn from an individual development account for a purpose consistent with the approved plan, including accrued interest, shall be excluded in the determination of eligibility for, or the benefit level of, any needs-based program using state or joint federal and state funding, consistent with applicable state and federal law.
(P.A. 00-192, S. 7, 102.)
History: P.A. 00-192 effective January 1, 2001.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51ccc. Program evaluation. Report. The department shall evaluate the Connecticut IDA Initiative for each fiscal year ending June thirtieth. Based on such evaluation, the department shall provide a comprehensive report on the initiative to the speaker of the House of Representatives and the president pro tempore of the Senate no later than February first of the year following the end of each fiscal year, beginning for the fiscal year ending June 30, 2001.
(P.A. 00-192, S. 8, 102.)
History: P.A. 00-192 effective January 1, 2001.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51ddd. Regulations. (a) The Labor Commissioner, in consultation with the State Treasurer shall, in accordance with chapter 54, adopt regulations to implement the provisions of sections 31-51ww to 31-51eee, inclusive, and to administer the Connecticut IDA Initiative. Such regulations shall establish standards and guidelines, consistent with the provisions of sections 31-51ww to 31-51eee, inclusive, for certified state IDA programs, including, but not limited to: (1) Income eligibility requirements for account holders; (2) permissible savings goals for certified state IDA programs; (3) the services that each certified state IDA program shall provide to assist its account holders in meeting their savings goals including credit history assessments, assistance in credit repair and ongoing credit stability, general financial education and asset-specific training, ongoing case management and other support services; (4) procedures and timelines for establishment of savings accounts within financial institutions and for the deposit of funds into individual savings accounts, the department's Individual Development Account Reserve Fund, and local reserve funds maintained by certified community-based organizations; (5) allowable uses of matching funds from the Individual Development Account Reserve Fund and procedures for the making of grants from such fund; (6) procedures and permissible reasons for emergency withdrawals of funds from individual accounts and leaves of absence from the program; (7) accounting and financial reporting procedures required of all certified community-based organizations; (8) required content of and deadlines for all program and evaluation reports by community-based organizations to the department; (9) required components of the approved plan between the account holder and the community-based organization, including but not limited to, savings goals, matching rates, required participation in education and training, contingency plans if the account holder fails to meet projected savings goals or schedules, savings withdrawal procedures and limitations, procedures for withdrawing from the program, provision for the disposition of funds in the event of the account holder's death, and provision for amendment of the plan with the concurrence of the account holder and the community-based organization; (10) the process of approval, certification, suspension and decertification of an individual development account program; and (11) the application and implementation of any restrictions on or requirements of funding expenditures as required under state or federal law.
(b) Such regulations shall specify the process by which the department shall solicit proposals from community-based organizations to operate certified state IDA programs, and the criteria and process that shall be used by the department in granting state certification and determining the number of individual development accounts eligible for matching funds from the Individual Development Account Reserve Fund. Criteria that shall be used in granting state certification and in allocating funds from the Individual Development Account Reserve Fund to certified state IDA programs shall include, but not be limited to, the community-based organization's level of competence in meeting all financial and programmatic requirements of a certified state IDA program and the fiscal capacity of the organization to meet all financial obligations of the program and, to the extent possible, the geographic location of the organization.
(P.A. 00-192, S. 9, 102.)
History: P.A. 00-192 effective May 26, 2000 (Revisor's note: In Subsec. (a), “with” was inserted editorially by the Revisors before “chapter 54”, for proper form).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51eee. Receipt of funds authorized. Nothing in sections 31-51ww to 31-51ddd, inclusive, shall preclude a community-based organization or other entity from establishing an individual development account program and receiving matching funds from sources other than the Individual Development Account Reserve Fund.
(P.A. 00-192, S. 10, 102.)
History: P.A. 00-192 effective May 26, 2000.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-51fff. Restrictions on funding expenditures to apply. Notwithstanding the provisions of sections 31-51ww to 31-51eee, inclusive, any restrictions on funding expenditures required under any state or federal law shall apply.
(P.A. 00-192, S. 12, 102.)
History: P.A. 00-192 effective May 26, 2000.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-52. Preference to state citizens in construction of public buildings. Enforcement of violations. (a) In the employment of mechanics, laborers and workmen in the construction, remodeling or repairing of any public building, by the state or any of its agents or by persons contracting therewith, preference shall be given to citizens of the state, and, if they cannot be obtained in sufficient numbers, then to citizens of the United States. Any contractor who knowingly and wilfully employs any person in violation of any provision of this subsection shall be fined two hundred dollars for each week or fraction of a week each such person is so employed.
(b) Each contract for the construction or repair of any building under the supervision of the state or any of its agents shall contain the following provisions: “In the employment of labor to perform the work specified herein, preference shall be given to citizens of the United States, who are, and continuously for at least three months prior to the date hereof have been, residents of the labor market area, as established by the Labor Commissioner, in which such work is to be done, and if no such qualified person is available, then to citizens who have continuously resided in the county in which the work is to be performed for at least three months prior to the date hereof, and then to citizens of the state who have continuously resided in the state at least three months prior to the date hereof.” In no event shall said provisions be deemed to abrogate or supersede, in any manner, any provision regarding residence requirements contained in a collective bargaining agreement to which the contractor is a party.
(c) No person who receives an award or contract for public works projects from the state, or who receives an order or contract for which a portion of funds is derived from the state, shall knowingly employ nonresidents of the state while residents who may qualify for such work are reasonably available for employment. In the employment of nonresidents, the construction supervisor or construction inspector assigned to the public works project shall verify that the contracting employer, by reasonable efforts, sought to obtain construction job applicants from existing employment sources in Connecticut.
(d) The agent contracting on behalf of the state or any political subdivision thereof shall investigate promptly any alleged violation of this section or section 31-52a. If said agent finds evidence of such a violation, he shall immediately notify the alleged violator of such evidence and allegations. If the alleged violator fails to take corrective action within one week, or to produce evidence which satisfies said agent that no violation has occurred, said agent shall (1) institute a civil action to recover as liquidated damages for the violation of the contract an amount equal to the wages paid to any employees employed in violation of this section or section 31-52a and cost of suit, including reasonable attorney's fees and (2) notify the office of the state's attorney in the judicial district for the area in which such work was performed so that appropriate criminal action may be instituted against the alleged violator.
(e) In contracts so financed preference in employment shall be given to citizens of the United States or any possession thereof.
(f) Nothing in this section shall abrogate or supersede any provision regarding residence requirements in a collective bargaining agreement to which the contractor is a party.
(1949 Rev., S. 7371; 1967, P.A. 757, S. 1; P.A. 78-280, S. 68, 127; P.A. 83-530, S. 2, 3; 83-552, S. 2; P.A. 97-263, S. 13.)
History: 1967 act clarified provisions and specified that $100 fine applies for each week or fraction of a week during which a person is employed in violation of Subsec. (a) where previously $100 fine was the maximum fine for each offense, substituted labor market areas for towns under Subsec. (b) and added Subsecs. (c) to (e) re employment of state residents in preference to nonresidents, hiring preference to U.S. citizens and procedure to be followed in investigation of and action on violations; P.A. 78-280 required notification of state's attorney in the appropriate judicial district rather than notification of prosecuting attorney in the appropriate circuit, circuit courts having been abolished pursuant to P.A. 76-436, under Subsec. (d)(2); P.A. 83-530 added a new Subsec. (f) prohibiting this section from abrogating or superseding any residence requirement in a collective bargaining agreement to which the contractor is a party; P.A. 83-552 amended Subsec. (b) to provide that collective bargaining agreement is not superseded by preference provisions of contract; P.A. 97-263 amended Subsec. (a) to increase amount of fine from $100 to $200.
See Sec. 7-112 re applicability of section to construction, remodeling or repair of public buildings by state agencies or political subdivisions of state.
Commissioner's duty under statute is carried out when he has caused proper preference clause to be inserted in contract. 26 CS 384.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-52a. Residents' preference in work on other public facilities. (a) In the employment of mechanics, laborers or workmen in connection with any public works project, including, but not limited to, construction, remodeling or repairing of any public facility, structure, except public buildings covered by section 31-52, site preparation or site improvement, appurtenances or highways or in preparation or improvement of any land or waterway on or in which a structure is situated or to be constructed by the state or any of its agents or by persons contracting therewith, preference shall be given to persons who are residents of the state, and, if they cannot be obtained in sufficient numbers, then to residents of other states. Nothing herein shall abrogate or supersede any provision regarding residence requirements in a collective bargaining agreement to which the contractor is a party. Any contractor who knowingly and wilfully employs any person in violation of any provision of this section shall be fined two hundred dollars for each week or a fraction of a week each such person is employed.
(b) Each contract for any such project covered by this section under the supervision of the state or any of its agents shall contain the following provision: “In the employment of mechanics, laborers or workmen to perform the work specified herein, preference shall be given to residents of the state who are, and continuously for at least six months prior to the date hereof have been, residents of this state, and if no such person is available then to residents of other states.”
(1967, P.A. 757, S. 2.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-52b. Exceptions. The provisions of sections 31-52 and 31-52a shall not apply where the state or any subdivision thereof may suffer the loss of revenue granted or to be granted from any agency or department of the federal government as a result of said sections or regulative procedures pursuant thereto.
(1967, P.A. 757, S. 3.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-53. *(See end of section for amended version of subsection (b) and effective date.) 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.)
*Note: On and after July 1, 2023, subsection (b) of this section, as amended by section 1 of public act 22-17, is to read as follows:
“(b) If the commissioner, upon inspection or investigation of a complaint, believes that a contractor or subcontractor has knowingly or wilfully employed 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 has failed 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, such contractor or subcontractor shall be issued a citation and may be fined five thousand dollars for each offense. The commissioner shall maintain a list of any contractor or subcontractor that, during the three preceding calendar years, violates this section or enters into a settlement with the commissioner to resolve any claim brought by the commissioner pursuant to this section. For each contractor or subcontractor placed on such list, the commissioner shall record the following information: (1) The nature of the violation; (2) the total amount of wages and fringe benefits making up the violation or agreed upon in any settlement with the commissioner; and (3) the total amount of civil penalties and fines agreed upon by the commissioner. The commissioner shall review the list on the first day of May each year for the preceding rolling three-year period and may refer for debarment any contractor or subcontractor that committed a violation of this section during the rolling three-year period. The commissioner shall refer for debarment any contractor or subcontractor that entered into one or more settlement agreements with the commissioner where the sum total of all settlements within such period exceeds fifty thousand dollars in back wages or fringe benefits, or entered into one or more settlement agreements with the commissioner where the sum total of all settlements within such period exceeds fifty thousand dollars in civil penalties or fines agreed upon by the commissioner. Any contractor or subcontractor the commissioner refers for debarment may request a hearing before the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54. 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.”
(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; P.A. 22-17, 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; P.A. 22-17 Amended Subsec. (b) to change the fine to $5,000, added requirement for Labor Commissioner to maintain a list of contractors who violated prevailing wage law or entered into a settlement with the commissioner, and added additional penalties for contractors and subcontractors who knowingly and willingly fail to pay their workers a prevailing wage, effective July 1, 2023.
See Sec. 7-112 re applicability of section to construction, remodeling or repair of public buildings by state agencies or political subdivisions of the state.
Where employee is working under a contract which violates statute or fails to provide for pay at least equal to the prevailing wages as fixed by the board, the state is in no position to claim that, if he is injured, compensation should not be based on the prevailing wage as so determined. 135 C. 498. Cited. 223 C. 573.
Cited. 36 CA 29; 44 CA 397.
Subsec. (f):
Jurisdiction conferred on Labor Department over prevailing wages and certified payroll records by Subsec. does not preempt exercise of jurisdiction by state electrical work examining board to sanction a licensee for misconduct in misclassifying employees and permitting employees to perform work that they were not licensed to perform. 104 CA 655.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
Cited. 223 C. 573.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-53b. Worker training requirements for public works projects. Enforcement. Regulations. Exceptions. (a) Each contract for a public works project entered into on or after July 1, 2009, by the state or any of its agents, or by any political subdivision of the state or any of its agents, described in subsection (h) of section 31-53, shall contain a provision requiring that each contractor furnish proof with the weekly certified payroll form for the first week each employee begins work on such project that any person performing the work of a mechanic, laborer or worker pursuant to the classifications of labor under section 31-53 on such public works project, pursuant to such contract, has completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration or, has completed a new miner training program approved by the Federal Mine Safety and Health Administration in accordance with 30 CFR 46 or, in the case of telecommunications employees, has completed at least ten hours of training in accordance with 29 CFR 1910.268, and, on or after July 1, 2012, that any plumber or electrician subject to the continuing education requirements of section 20-334d, who has completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration five or more years prior to the date such electrician or plumber begins work on such public works project, has completed a supplemental refresher training course of at least four hours in duration in construction safety and health taught by a federal Occupational Safety and Health Administration authorized trainer.
(b) Any person required to complete a course or program under subsection (a) of this section who has not completed the course or program shall be subject to removal from the worksite if the person does not provide documentation of having completed such course or program by the fifteenth day after the date the person is found to be in noncompliance. The Labor Commissioner or said commissioner's designee shall enforce this section.
(c) Not later than January 1, 2012, the Labor Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of subsections (a) and (b) of this section. Such regulations shall require that the ten-hour construction safety and health courses required under subsection (a) of this section be conducted in accordance with federal Occupational Safety and Health Administration Training Institute standards, or, in the case of a supplemental refresher training course, shall include, but not be limited to, an update of revised Occupational Safety and Health Administration standards and a review of required construction hazards training, or in accordance with Federal Mine Safety and Health Administration Standards or in accordance with 29 CFR 1910.268, as appropriate. The Labor Commissioner shall accept as sufficient proof of compliance with the provisions of subsection (a) or (b) of this section a student course completion card issued by the federal Occupational Safety and Health Administration Training Institute, or such other proof of compliance said commissioner deems appropriate, dated no earlier than five years before the commencement date of such public works project or, in the case of supplemental refresher training, a student course completion card issued by said Occupational Safety and Health Administration authorized trainer dated not earlier than five years prior to the date such electrician or plumber begins work on such public works project.
(d) This section shall not apply to employees of public service companies, as defined in section 16-1, or drivers of commercial motor vehicles driving the vehicle on the public works project and delivering or picking up cargo from public works projects provided they perform no labor relating to the project other than the loading and unloading of their cargo.
(P.A. 06-175, S. 1; P.A. 08-83, S. 1; P.A. 10-47, S. 2; P.A. 11-63, S. 1.)
History: P.A. 08-83 amended Subsec. (a) by making provisions applicable to public works project contracts entered into on or after July 1, 2009, replacing provision re total cost of work with reference to Sec. 31-53(g), requiring proof in certified payroll form that new mechanic, laborer or worker has completed a 10-hour or more construction safety course and adding provision re new miner training program, amended Subsec. (b) by substituting “person” for “employee” and adding “or program”, amended Subsec. (c) by adding “or in accordance with Federal Mine Safety and Health Administration Standards” and setting new deadline of January 1, 2009, deleted former Subsec. (d) re “public building”, added new Subsec. (d) re exemptions for public service company employees and delivery drivers who perform no labor other than delivery and made conforming and technical changes, effective January 1, 2009; P.A. 10-47 made a technical change in Subsec. (a); P.A. 11-63 amended Subsec. (a) by adding provision re supplemental refresher training course for plumbers and electricians subject to Sec. 20-334d, amended Subsec. (c) by adding provisions re regulations and subject matter of refresher training course and refresher training course student completion cards, and made technical changes, effective July 1, 2011.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-53c. Construction projects funded by the Department of Economic and Community Development; wage rates. Penalties. (a) For purposes of this section:
(1) “Business organization” means any sole proprietorship, partnership, corporation, limited liability company, association, firm or other form of business or legal entity;
(2) “Financial assistance” means any and all forms of loans, cash payments, extensions of credit, guarantees, equity investments, tax abatements or any other form of financing totaling one million dollars or more; and
(3) “Project” means any construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any property owned by a business organization.
(b) On and after July 1, 2018, if the Department of Economic and Community Development provides financial assistance to any business organization for any construction project of such business organization, the Department of Economic and Community Development shall require, as a condition of providing such financial assistance, that any contract entered into by the business organization for such project 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 section 31-53, 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 construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair project is being undertaken. 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.”
(c) Any contractor or subcontractor who knowingly or wilfully employs any mechanic, laborer or worker in any project receiving financial assistance from the Department of Economic and Community Development for such project, 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 project is located, 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, as defined in subsection (i) of section 31-53, or in lieu thereof to the person, as provided by subsection (b) 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 for projects for which the Department of Economic and Community Development provides financial assistance 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 for projects for which the Department of Economic and Community Development provides financial assistance 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 business organization 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 business organization 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 business organization for any excess costs occasioned the business organization thereby, or (B) withhold payment of money to the contractor or subcontractor. The contracting business organization 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.
(d) The Labor Commissioner may make complaint to the proper prosecuting authorities for the violation of any provision of subsection (c) of this section.
(e) The Labor Commissioner shall predetermine the prevailing rate 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 section 31-53, in each town where such contract is to be performed, in the same manner as provided in subsection (d) of section 31-53.
(June Sp. Sess. P.A. 17-2, S. 566.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
See Sec. 7-112 re applicability of section to construction, remodeling or repair of public buildings by state agencies or political subdivisions of state.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-55. Posting of wage rates by contractors doing state work. Every contractor or subcontractor performing work for the state subject to the provisions of section 31-53 or 31-54 shall post the prevailing wages as determined by the Labor Commissioner in prominent and easily accessible places at the site of work or at such place or places as are used to pay its employees their wages.
(1955, S. 3020d; P.A. 97-263, S. 16.)
History: P.A. 97-263 incorporated changes to Secs. 31-53 and 31-54 by reference.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-55a. Annual adjustments to wage rates by contractors doing state work. Each contractor that is awarded a contract on or after October 1, 2002, for (1) the construction of a state highway or bridge that falls under the provisions of section 31-54, or (2) the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project that falls under the provisions of section 31-53 shall contact the Labor Commissioner on or before July first of each year, for the duration of such contract, to ascertain the prevailing rate of wages on an hourly basis and the amount of payment or contributions paid or payable on behalf of each mechanic, laborer or worker employed upon the work contracted to be done, and shall make any necessary adjustments to such prevailing rate of wages and such payment or contributions paid or payable on behalf of each such employee, effective each July first.
(P.A. 02-69, S. 1.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-56. Hours of labor on state bridges. Section 31-56 is repealed, effective October 1, 2008.
(1949 Rev., S. 2208; 1963, P.A. 240, S. 2; 1969, P.A. 768, S. 261; P.A. 08-101, S. 31.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-56a. Definitions. For the purposes of this section and sections 31-56b and 31-56c:
(1) “Project labor agreement” means a prehire agreement covering the terms and conditions for all persons who will perform work on a specific public works project;
(2) “Public entity” means the state and any agency, instrumentality or political subdivision thereof;
(3) “Public works project” means the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public works by a public entity.
(P.A. 12-70, S. 4.)
History: P.A. 12-70 effective June 6, 2012.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-56b. Project labor agreements for public works projects. (a) Notwithstanding the provisions of any general statute, regulation or requirement regarding procurement of goods or services, a public entity may require a project labor agreement for any public works project when such public entity has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such determination, the public entity may consider the effects a project labor agreement may have on (1) the efficiency, cost and direct and indirect economic benefits to the public entity; (2) the availability of a skilled workforce to complete the public works project; (3) the prevention of construction delays; (4) the safety and quality of the public works project; (5) the advancement of minority and women-owned businesses; and (6) employment opportunities for the community.
(b) A public entity's decision to require a project labor agreement shall not be evidence of fraud, corruption or favoritism.
(c) Any project labor agreement required by a public entity pursuant to this section shall: (1) Set forth mutually binding procedures for resolving disputes that can be implemented without delay; (2) include guarantees against a strike, lockout or other concerted action aimed at slowing or stopping the progress of a public works project; (3) ensure a reliable source of skilled and experienced labor; (4) include goals for the number of apprentices and for a percentage of work to be performed by minorities, women and veterans; (5) invite all contractors to bid on the project without regard to whether the employees of any such contractor are members of a labor organization, as defined in section 31-101; (6) permit the selection of the lowest responsible qualified bidder without regard to labor organization affiliation; (7) not require compulsory labor organization membership of employees working on the project; and (8) bind all contractors and subcontractors to the terms of the agreement.
(d) Any bidder for a public works project that does not agree to abide by the conditions of the project labor agreement or a requirement to negotiate a project labor agreement shall not be regarded as a responsible qualified bidder for such project.
(P.A. 12-70, S. 5.)
History: P.A. 12-70 effective June 6, 2012.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-56c. Use of project labor agreement re public school design-build contract. Prior to a public entity entering into a design-build contract for new construction of a public school or for renovation or reconstruction of an existing public school with a value greater than or equal to ten million dollars, such public entity shall determine if the use of a project labor agreement would be in the public's interest in accordance with subsection (a) of section 31-56b.
(P.A. 12-70, S. 6.)
History: P.A. 12-70 effective June 6, 2012.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-56d. Severability. The provisions of sections 31-56b and 31-56c are severable and if any provision is determined to contravene state or federal law, the remainder of sections 31-56b and 31-56c shall remain in full force and effect.
(P.A. 12-70, S. 7.)
History: P.A. 12-70 effective June 6, 2012.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57. Hours of labor on construction, alteration or repair of public works project. Each contract entered into by the Commissioner of Administrative Services for the construction, alteration or repair of any public works project shall contain a provision to the effect that no person shall be employed to work or be permitted to work more than eight hours in any day or more than forty hours in any week on any work provided for in such contract. The operation of such limitation of hours of work may be suspended during an emergency, upon the approval of the Commissioner of Administrative Services.
(1949 Rev., S. 7373; 1963, P.A. 240, S. 3; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 98, 110; P.A. 11-51, S. 90; P.A. 13-247, S. 200.)
History: 1963 act substituted “public works project” for “public building” and added reference to alterations; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 87-496 replaced administrative services commissioner with public works commissioner; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Construction Services”, effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services”, effective July 1, 2013.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57a. Awarding of contracts to National Labor Relations Act violators prohibited. Section 31-57a is repealed, effective June 18, 2013.
(P.A. 79-390, S. 1, 2; P.A. 13-140, S. 22.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57b. Awarding of contracts to occupational safety and health law violators prohibited. No contract shall be awarded by the state or any of its political subdivisions to any person or firm or any firm, corporation, partnership or association in which such persons or firms have an interest (1) which has been cited for three or more wilful or serious violations of any occupational safety and health act or of any standard, order or regulation promulgated pursuant to such act, during the three-year period preceding the bid, provided such violations were cited in accordance with the provisions of any state occupational safety and health act or the Occupational Safety and Health Act of 1970, and not abated within the time fixed by the citation and such citation has not been set aside following appeal to the appropriate agency or court having jurisdiction or (2) which has received one or more criminal convictions related to the injury or death of any employee in the three-year period preceding the bid. Any person who knowingly provides false information concerning the information required pursuant to this section shall be assessed a civil penalty of not less than five hundred dollars nor more than five thousand dollars and shall be disqualified from bidding on or participating in a contract with the state or any of its political subdivisions for five years from the date of the final determination that the information is false. Any political subdivision or any state agency receiving false information pursuant to this section shall notify the Commissioner of Administrative Services and, upon receipt of such notice, the commissioner shall conduct a hearing in accordance with the provisions of chapter 54. Upon a determination that false information was provided, the commissioner shall impose a civil penalty in accordance with the provisions of this section. Such civil penalty shall be paid to the Treasurer or to an official of the political subdivision, as the case may be. Any civil penalty imposed pursuant to this section may be collected in a civil proceeding by any official of a political subdivision authorized to institute civil actions or, in the case of the state, by the attorney general, upon complaint of the Commissioner of Administrative Services.
(P.A. 89-367, S. 6.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57c. Disqualification of certain contractors from bidding on, applying for or participating in state public works contracts: Disqualification by Commissioner of Administrative Services; procedure; causes. Exception. (a) As used in this section, “contractor” means any person, firm or corporation that has contracted or seeks to contract with the state, or to participate in such a contract, in connection with any public works of the state or a political subdivision of the state.
(b) Disqualification of a contractor is a serious action that shall be used only in the public interest and for the state government's protection and not for purposes of punishment or in lieu of other applicable enforcement or compliance procedures. The causes for and consequences of disqualification under this section shall be separate from and in addition to causes for and consequences of disqualification under sections 4b-95, 31-53a and 31-57b.
(c) The Commissioner of Administrative Services may disqualify any contractor, for up to two years, from bidding on, applying for, or participating as a subcontractor under, contracts with the state, acting through any of its departments, commissions or other agencies, except the Department of Transportation and the constituent units of the state system of higher education, for one or more causes set forth under subsection (d) of this section. The commissioner may initiate a disqualification proceeding only after consulting with the contract awarding agency, if any, and the Attorney General and shall provide notice and an opportunity for a hearing to the contractor who is the subject of the proceeding. The hearing shall be conducted in accordance with the contested case procedures set forth in chapter 54. The commissioner shall issue a written decision within ninety days of the last date of such hearing and state in the decision the reasons for the action taken and, if the contractor is being disqualified, the period of such disqualification. The existence of a cause for disqualification shall not be the sole factor to be considered in determining whether the contractor shall be disqualified. In determining whether to disqualify a contractor, the commissioner shall consider the seriousness of the contractor's acts or omissions and any mitigating factors. The commissioner shall send the decision to the contractor by certified mail, return receipt requested. The written decision shall be a final decision for the purposes of sections 4-180 and 4-183.
(d) Causes for disqualification from bidding on, or participating in, contracts shall include the following:
(1) Conviction or entry of a plea of guilty or nolo contendere for or admission to commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
(2) Conviction or entry of a plea of guilty or nolo contendere or admission to the violation of any state or federal law for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a state contractor;
(3) Conviction or entry of a plea of guilty or nolo contendere or admission to a violation of any state or federal antitrust, collusion or conspiracy law arising out of the submission of bids or proposals on a public or private contract or subcontract;
(4) A wilful failure to perform in accordance with the terms of one or more public contracts, agreements or transactions;
(5) A history of failure to perform or of unsatisfactory performance of one or more public contracts, agreements or transactions; or
(6) A wilful violation of a statutory or regulatory provision or requirement applicable to a public contract, agreement or transaction.
(e) For purposes of a disqualification proceeding under this section, conduct may be imputed as follows:
(1) The fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor and the contractor knew of or had reason to know of such conduct. The term “other seriously improper conduct” shall not include advice from an attorney, accountant or other paid consultant if it was reasonable for the contractor to rely on such advice.
(2) The fraudulent, criminal or other seriously improper conduct of a contractor may be imputed to any officer, director, shareholder, partner, employee or other individual associated with the contractor who participated in, knew of or had reason to know of the contractor's conduct.
(3) The fraudulent, criminal or other seriously improper conduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for or on behalf of the joint venture or similar arrangement and these contractors knew of or had reason to know of such conduct.
(f) The commissioner may reduce the period or extent of disqualification, upon the contractor's request, supported by documentation, for the following reasons:
(1) Newly discovered material evidence;
(2) Reversal of the conviction upon which the disqualification was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the disqualification was imposed; or
(5) Other reasons the commissioner deems appropriate.
(g) The commissioner may grant an exception permitting a disqualified contractor to participate in a particular contract or subcontract upon a written determination by the head of the contract awarding agency that there is good cause, in the interest of the public, for such action.
(P.A. 93-220, S. 1, 3; P.A. 11-51, S. 71; P.A. 13-140, S. 6; 13-247, S. 229; P.A. 14-122, S. 147.)
History: P.A. 93-220 effective July 2, 1993; (Revisor's note: In 1997 references in Subsec. (e) and Subsec. (e)(2) to “inputed” were changed editorially by the Revisors to “imputed”); P.A. 11-51 amended Subsec. (c) to replace “Commissioner of Public Works” with “Commissioner of Construction Services”, effective July 1, 2011; P.A. 13-140 amended Subsec. (b) by deleting reference to Sec. 31-57a, effective June 18, 2013; P.A. 13-247 amended Subsec. (c) to replace “Commissioner of Construction Services” with “Commissioner of Administrative Services” and make a conforming change, effective July 1, 2013; P.A. 14-122 made technical changes in Subsec. (a).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57d. Disqualification of certain contractors from bidding on, applying for or participating in public works contracts with the state: Disqualification by Commissioner of Transportation; procedure; causes. Exception permitting disqualified contractor to participate in contract or subcontract. (a) As used in this section, “contractor” means any person, firm or corporation that has contracted or seeks to contract with the state, or to participate in such a contract, in connection with any public works of the state or a political subdivision of the state.
(b) Disqualification of a contractor is a serious action that shall be used only in the public interest and for the state government's protection and not for purposes of punishment or in lieu of other applicable enforcement or compliance procedures. The causes for and consequences of disqualification under this section shall be separate from and in addition to causes for and consequences of disqualification under sections 4b-95, 31-53a and 31-57b.
(c) The Commissioner of Transportation may disqualify any contractor, for up to two years, from bidding on, applying for, or participating as a subcontractor under, contracts with the state, acting through the Department of Transportation, for one or more causes set forth under subsection (d) of this section. The commissioner may initiate a disqualification proceeding only after consulting with the Attorney General and shall provide notice and an opportunity for a hearing to the contractor who is the subject of the proceeding. The hearing shall be conducted in accordance with the contested case procedures set forth in chapter 54. The commissioner shall issue a written decision within ninety days of the last date of such hearing and state in the decision the reasons for the action taken and, if the contractor is being disqualified, the period of such disqualification. The existence of a cause for disqualification does not require that the contractor be disqualified. In determining whether to disqualify a contractor, the commissioner shall consider the seriousness of the contractor's acts or omissions and any mitigating factors. The commissioner shall send the decision to the contractor by certified mail, return receipt requested. The written decision shall be a final decision for the purposes of sections 4-180 and 4-183.
(d) Causes for disqualification from bidding on, or participating in, contracts shall include the following:
(1) Conviction or entry of a plea of guilty or nolo contendere for or admission to commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
(2) Conviction or entry of a plea of guilty or nolo contendere or admission to the violation of any state or federal law for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a state contractor;
(3) Conviction or entry of a plea of guilty or nolo contendere or admission to a violation of any state or federal antitrust, collusion or conspiracy law arising out of the submission of bids or proposals on a public or private contract or subcontract;
(4) A wilful failure to perform in accordance with the terms of one or more public contracts, agreements or transactions;
(5) A history of failure to perform or of unsatisfactory performance of one or more public contracts, agreements or transactions; or
(6) A wilful violation of a statutory or regulatory provision or requirement applicable to a public contract, agreement or transaction.
(e) For purposes of a disqualification proceeding under this section, conduct may be imputed as follows:
(1) The fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor and the contractor knew of or had reason to know of such conduct. The term “other seriously improper conduct” shall not include advice from an attorney, accountant or other paid consultant if it was reasonable for the contractor to rely on such advice.
(2) The fraudulent, criminal or other seriously improper conduct of a contractor may be imputed to any officer, director, shareholder, partner, employee or other individual associated with the contractor who participated in, knew of or had reason to know of the contractor's conduct.
(3) The fraudulent, criminal or other seriously improper conduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for or on behalf of the joint venture or similar arrangement and these contractors knew of or had reason to know of such conduct.
(f) The commissioner may reduce the period or extent of disqualification, upon the contractor's request, supported by documentation, for the following reasons:
(1) Newly discovered material evidence;
(2) Reversal of the conviction upon which the disqualification was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the disqualification was imposed; or
(5) Other reasons the commissioner deems appropriate.
(g) The commissioner may grant an exception permitting a disqualified contractor to participate in a particular contract or subcontract upon a written determination that there is good cause, in the interest of the public, for such action.
(P.A. 93-220, S. 2, 3; P.A. 13-140, S. 7; P.A. 14-122, S. 148.)
History: P.A. 93-220 effective July 2, 1993; P.A. 13-140 amended Subsec. (b) by deleting reference to Sec. 31-57a, effective June 18, 2013; P.A. 14-122 made technical changes in Subsec. (a).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57e. Contracts between the state and federally recognized Indian tribes. Employment Rights Code; protection of persons employed by a tribe. (a) As used in this section:
(1) “Commercial enterprise” means any form of commercial conduct or a particular commercial transaction or act, including the operation of a casino, which relates to or is connected with any profit-making pursuit;
(2) “Labor organization” means any organization which 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 in connection with employment;
(3) “Tribe” means any federally recognized Indian tribe which is subject to the Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2701 et seq.
(b) The state shall not provide any funds or services which directly or indirectly assist any tribe engaged in a commercial enterprise until the tribe adopts an Employment Rights Code established pursuant to subsection (e) of this section, unless such funds or services are (1) required by federal or state law, (2) were agreed to in writing prior to July 1, 1993, or (3) are provided to a project which is covered by federal or state employment regulations or employment rights laws. This subsection shall not be construed to prohibit the state from enforcing any civil or criminal law, or any gaming regulation at a commercial enterprise owned or operated by a tribe, or to require the state to enforce a violation of any criminal law which would not be a violation if it occurred outside tribal land. The Governor, upon consulting with the leaders of the General Assembly, may waive the restrictions set forth in this subsection in the event of a declared emergency.
(c) The state shall oppose any application by a tribe, pursuant to 25 CFR chapter 151, to convert any parcel of fee interest land to federal trust status. The conversion shall be deemed contrary to the interest of the state and its residents.
(d) The Governor shall include in each future proposal by the state in negotiations conducted pursuant to the Indian Gaming Regulatory Act, a provision requiring the adoption of an Employment Rights Code established pursuant to subsection (e) of this section. The Governor shall employ his best efforts to ensure that any final agreement, compact or contract established under the Indian Gaming Regulatory Act includes an Employment Rights Code in accordance with subsection (e) of this section.
(e) The Employment Rights Code referred to under this section shall include the following provisions:
(1) A commercial enterprise subject to tribal jurisdiction shall not, except in the case of a bona fide occupational qualification or need, refuse to hire or employ or bar or discharge from employment any individual or discriminate against him or her in compensation or in terms, conditions or privileges of employment because of the individual's race, color, religious creed, sex, gender identity or expression, marital status, national origin, ancestry, age, present or past history of mental disorder, intellectual disability, sexual orientation, learning or physical disability, political activity, union activity or the exercise of rights protected by the United States Constitution. This subdivision shall not be construed to restrict the right of a tribe to give preference in hiring to members of the tribe.
(2) A commercial enterprise subject to tribal jurisdiction shall not deny any individual, including a representative of a labor organization, seeking to ensure compliance with this section, access to employees of the tribe's commercial enterprise during nonwork time in nonwork areas. The tribe shall not permit any supervisor, manager or other agent of the tribe to restrict or otherwise interfere with such access.
(3) When a labor organization claims that it has been designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, the labor organization may apply to an arbitrator to verify the claim pursuant to subdivision (4) of this subsection. If the arbitrator verifies that the labor organization has been designated or selected as the bargaining representative by a majority of the employees in an appropriate unit, the tribe shall, upon request, recognize the labor organization as the exclusive bargaining agent and bargain in good faith with the labor organization in an effort to reach a collective bargaining agreement. However, the arbitrator shall disallow any claim by a labor organization that is dominated or controlled by the tribe.
(4) (A) Any individual or organization claiming to be injured by a violation of any provision of this subsection shall have the right to seek binding arbitration under the rules of the American Arbitration Association. Such individual or organization shall file a demand for arbitration with the tribe not later than one hundred eighty days after the employee or labor organization knows or should know of the tribe's violation of any provision of this subsection. The demand shall state, in plain language, the facts giving rise to the demand.
(B) The demand for arbitration shall also be served upon the Connecticut office of the American Arbitration Association. Absent settlement, a hearing shall be held in accordance with the rules and procedures of the American Arbitration Association. The costs and fees of the arbitrator shall be shared equally by the tribe and the labor organization.
(C) The decision of the arbitrator shall be final and binding on both parties and shall be subject to judicial review and enforcement against all parties in the manner prescribed by chapter 909.
(5) A tribe shall not retaliate against any individual who exercises any right under the Employment Rights Code. Any individual or organization claiming to be injured by a violation of the provisions of this section shall have the right to seek binding arbitration pursuant to subdivision (4) of this subsection.
(f) Notwithstanding the provisions of this section, the Governor may negotiate an agreement with a tribe which establishes rights for employees of commercial enterprises subject to tribal jurisdiction in addition to those provided under the Employment Rights Code established under subsection (e) of this section.
(P.A. 93-365, S. 1–6; P.A. 11-55, S. 16; P.A. 13-139, S. 31.)
History: P.A. 93-365 effective July 1, 1993; P.A. 11-55 amended Subsec. (e)(1) to prohibit discrimination on basis of gender identity or expression; P.A. 13-139 amended Subsec. (e) by substituting “intellectual disability” for “mental retardation” and making a technical change in Subdiv. (1), and making a technical change in Subdiv. (3).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57f. Standard wage rate for certain service workers. Definitions. Standard rate required. Civil penalty. Complaints. Determination of standard rate by Labor Commissioner. Effect on employers bound by collective bargaining agreements. Recordkeeping requirement. Penalty for filing false certified payroll. Exemptions. Regulations. (a) As used in this section: (1) “Required employer” means any provider of food, building, property or equipment services or maintenance listed in this subdivision whose rate of reimbursement or compensation is determined by contract or agreement with the state or any state agent: (A) Building, property or equipment service companies; (B) management companies providing property management services; and (C) companies providing food preparation or service, or both; (2) “state agent” means any state official, state employee or other person authorized to enter into a contract or agreement on behalf of the state; (3) “person” means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives or organized groups of persons; (4) “building, property or equipment service” means any janitorial, cleaning, maintenance or related service; (5) “prevailing rate of wages” means the hourly wages paid for work performed within the city of Hartford under the collective bargaining agreement covering the largest number of hourly nonsupervisory employees employed within Hartford County in each classification established by the Labor Commissioner under subsection (e) of this section, provided the collective bargaining agreement covers no less than five hundred employees in the classification; (6) “prevailing rate of benefits” means the total cost to the employer on an hourly basis for work performed within the city of Hartford, under a collective bargaining agreement that establishes the prevailing rate of wages, of providing health, welfare and retirement benefits, including, but not limited to, (A) medical, surgical or hospital care benefits; (B) disability or death benefits; (C) benefits in the event of unemployment; (D) pension benefits; (E) vacation, holiday and personal leave; (F) training benefits; and (G) legal service benefits, and may include payment made directly to employees, payments to purchase insurance and the amount of payment or contributions paid or payable by the employer on behalf of each employee to any employee benefit fund; (7) “employee benefit 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 such employers to provide, whether through the purchase of insurance or annuity contracts or otherwise, benefits under an employee health, welfare or retirement plan, but does not include any such fund where the trustee or trustees are subject to supervision by the Banking Commissioner of this state or of any other state, or the Comptroller of the Currency of the United States or the Board of Governors of the Federal Reserve System; and (8) “benefits under an employee health, welfare or retirement plan” means one or more benefits or services under any plan established or maintained for employees 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, retirement benefits, vacation and paid holiday benefits, legal service benefits or training benefits.
(b) On and after July 1, 2000, the wages paid on an hourly basis to any employee of a required employer in the provision of food, building, property or equipment services provided to the state pursuant to a contract or agreement with the state or any state agent, shall be at a rate not less than the standard rate determined by the Labor Commissioner pursuant to subsection (g) of this section.
(c) Any required employer or agent of such employer that violates subsection (b) of this section shall pay a civil penalty in an amount not less than two thousand five hundred dollars but not more than five thousand dollars for each offense. The contracting department of the state that has imposed such civil penalty on the required employer or agent of such employer shall, within two days after taking such action, notify the Labor Commissioner, in writing, of the name of the employer or agent involved, the violations involved and steps taken to collect the fine.
(d) The Labor Commissioner may make complaint to the proper prosecuting authorities for the violation of any provision of subsection (b) of this section.
(e) For the purpose of predetermining the standard rate of covered wages on an hourly basis, the Labor Commissioner shall establish classifications for all hourly nonsupervisory employees based on the applicable occupation codes and titles set forth in the federal Register of Wage Determinations under the Service Contract Act of 1965, 41 USC 351, et seq., provided the Labor Commissioner shall classify any individual employed on or before July 1, 2009, as a grounds maintenance laborer or laborer as a janitor, and shall classify any individual hired after July 1, 2009, performing the duty of grounds maintenance laborer, laborer or janitor as a light cleaner, heavy cleaner, furniture handler or window cleaner, as appropriate. The Labor Commissioner shall then determine the standard rate of wages for each classification of hourly nonsupervisory employees which shall be (1) the prevailing rate of wages paid to employees in each classification, or if there is no such prevailing rate of wages, the minimum hourly wages set forth in the federal Register of Wage Determinations under the Service Contract Act, plus (2) the prevailing rate of benefits paid to employees in each classification, or if there is no such prevailing rate of benefits, a thirty per cent surcharge on the amount determined in subdivision (1) of this subsection to cover the cost of any health, welfare and retirement benefits or, if no such benefits are provided to the employees, an amount equal to thirty per cent of the amount determined in subdivision (1) of this section, which shall be paid directly to the employees. The standard rate of wages for any employee entitled to receive such rate on or before July 1, 2009, shall not be less than the minimum hourly wage for the classification set forth in the federal Register of Wage Determinations under the Service Contract Act plus the prevailing rate of benefits for such classification for as long as that employee continues to work for a required employer.
(f) Required employers with employees covered by collective bargaining agreements which call for wages and benefits that are reasonably related to the standard rate of wages shall not be economically disadvantaged in the bidding process, provided the collective bargaining agreement was arrived at through arms-length negotiations.
(g) The Labor Commissioner shall, in accordance with subsection (e) of this section, determine the standard rate of wages for each classification on an hourly basis where any covered services are to be provided, and the state agent empowered to let such contract shall contact the Labor Commissioner at least ten days prior to the date such contract will be advertised for bid, to ascertain the standard rate of wages and shall include the standard rate of wages on an hourly basis for all classifications of employment in the proposal for the contract. The standard rate of wages on an hourly basis shall, at all times, be considered the minimum rate for the classification for which it was established.
(h) Where a required employer is awarded a contract to perform services that are substantially the same as services that have been rendered under a predecessor contract, such required employer shall retain, for a period of ninety days, all employees who had been employed by the predecessor to perform services under such predecessor contract, except that the successor contract need not retain employees who worked less than fifteen hours per week or who had been employed at the site for less than sixty days. During such ninety-day period, the successor contract shall not discharge without just cause an employee retained pursuant to this subsection. If the performance of an employee retained pursuant to this subsection or section 4a-82 is satisfactory during the ninety-day period, the successor contractor shall offer the employee continued employment for the duration of the successor contract under the terms and conditions established by the successor contractor, or as required by law. The provisions of this subsection shall not apply to any contract covered by section 31-57g or subsections (n) and (o) of section 4a-82.
(i) Each required employer subject to the provisions of this section shall (1) keep, maintain and preserve such records relating to the wages and hours worked by each employee and a schedule of the occupation or work classification at which each person 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 employees, and (2) annually or upon written request, submit to the contracting state agent a certified payroll which shall consist of a complete copy of such records accompanied by a statement signed by the employer which indicates that (A) such records are correct, (B) the rate of wages paid to each employee is not less than the standard rate of wages required by this section, (C) such employer has complied with the provisions of this section, and (D) such employer is aware that filing a certified payroll which it knows to be false is a class D felony for which such employer may be fined not more than five thousand dollars or imprisoned not more than five years, or both. 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 record in accordance with the provisions of section 1-212. The provisions of subsections (a) and (b) of section 31-59, section 31-66 and section 31-69 which are not inconsistent with the provisions of this section shall apply. Any person who files a false certified payroll in violation of subdivision (2) of this subsection shall be guilty of a class D felony for which such person may be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(j) This section shall not apply to contracts, agreements or grants which do not exceed forty-nine thousand nine hundred ninety-nine dollars per annum.
(k) On receipt of a complaint for nonpayment of the standard rate of wages, the Labor Commissioner, the Director of Wage and Workplace Standards and wage enforcement agents of the Labor Department shall have power to enter, during usual business hours, the place of business or employment of any employer to determine compliance with this section, and for such purpose may examine payroll and other records and interview employees, call hearings, administer oaths, take testimony under oath and take depositions in the manner provided by sections 52-148a to 52-148e, inclusive. The commissioner or the director, for such purpose, may issue subpoenas for the attendance of witnesses and the production of books and records. Any required employer, an officer or agent of such employer, or the officer or agent of any corporation, firm or partnership who wilfully fails to furnish time and wage records as required by law to the commissioner, the director or any wage enforcement agent upon request or who refuses to admit the commissioner, the director or such agent to a place of employment or who hinders or delays the commissioner, the director or such agent in the performance of any duties in the enforcement of this section shall be fined not less than twenty-five dollars nor more than one hundred dollars, and each day of such failure to furnish time and wage records to the commissioner, the director or such agent shall constitute a separate offense, and each day of refusal of admittance, of hindering or of delaying the commissioner, the director or such agent shall constitute a separate offense.
(l) Notwithstanding subsection (j) of this section, any employer that pays the state for a franchise to provide food preparation or service, or both, for the state shall be required to certify that the wages and benefits paid to its employees are not less than the standard rate established pursuant to this section, provided, if no prevailing rate of wages or benefits was in effect at the time the state entered into a franchise agreement, then the employer shall not be required to pay the prevailing rate of wages or benefits during the life of the agreement, unless the agreement is amended, extended or renewed.
(m) The Labor Commissioner may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section.
(n) The provisions of this section and any regulation adopted pursuant to subsection (m) of this section shall not apply to any contract or agreement entered into before July 1, 2000.
(P.A. 99-142, S. 1, 2; P.A. 09-183, S. 1; 09-184, S. 4; P.A. 10-88, S. 2; P.A. 13-227, S. 5.)
History: P.A. 99-142 effective July 1, 1999; P.A. 09-183 amended Subsec. (a) by adding Subdivs. (5) to (8) defining “prevailing rate of wages”, “prevailing rate of benefits”, “employee benefit fund” and “benefits under an employee health, welfare or retirement plan”, amended Subsec. (e) by requiring commissioner to classify certain employees hired on or before July 1, 2009, as janitors and certain employees hired after July 1 2009, as light cleaners, heavy cleaners, furniture handlers or window cleaners and altering formula used by commissioner to determine standard wage, added new Subsec. (h) re required employer's retention of employees from predecessor contract to successor contract, redesignated existing Subsecs. (h) to (m) as Subsecs. (i) to (n), amended redesignated Subsec. (i)(2) to provide for annual submission of certified payroll, amended redesignated Subsec. (l) to add provision re franchise agreement, and made conforming and technical changes throughout, effective July 1, 2009; P.A. 09-184 amended Subsec. (h) to add exception for contracts covered by Sec. 31-57g, effective July 1, 2009; P.A. 10-88 made technical changes in Subsec. (a)(6), effective May 26, 2010; P.A. 13-227 amended Subsec. (h) to replace reference to Sec. 4a-82(o) and (p) with reference to Sec. 4a-82(n) and (o).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57g. Employment protection for displaced service contract workers at Bradley International Airport. Definitions. Obligations of awarding authority and contractors upon termination of service contract; ninety-day retention requirement; required offer of continued employment. Civil action for damages. Penalty for violations. (a)(1) “Awarding authority” means any person, including a contractor or subcontractor, that awards or otherwise enters into a contract to perform food and beverage services at Bradley International Airport.
(2) “Contractor” means any person that enters into a service contract with the awarding authority and any subcontractors to such service contract at any tier who employs ten or more persons.
(3) “Employee” means any person engaged to perform services pursuant to a service contract, but does not include a person who is (A) a managerial, supervisory or confidential employee, including any person who would be so defined under the federal Fair Labor Standards Act, or (B) employed for less than fifteen hours per week.
(4) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust association or other entity that may employ or enter into other contracts, including the state and its political subdivisions.
(5) “Service contract” means a contract for the performance of food and beverage services at Bradley International Airport, let by the awarding authority (A) after July 1, 2001, and before July 1, 2002, provided the successor contractor had actual knowledge of the pendency in the General Assembly of proposed legislation with content similar to this section, or (B) on or after July 1, 2002.
(6) “Successor service contract” means a service contract with the awarding authority under which substantially the same services to be performed have previously been rendered to the awarding authority as part of the same program or at the same facility under another service contract or have previously been rendered by the awarding authority's own employees.
(7) “Terminated contractor” means a contractor whose service contract expires without renewal or whose contract is terminated, and includes the awarding authority itself when work previously rendered by the awarding authority's own employees is the subject of a successor service contract.
(b) Each contractor and awarding authority that enters into a service contract to be performed at Bradley International Airport shall be subject to the following obligations:
(1) The awarding authority shall give advance notice to a contractor and the exclusive bargaining representative of any of the contractor's employees, of the termination or nonrenewal of such service contract and shall provide the contractor and the exclusive bargaining representative with the name, telephone number and address of the successor contractor or contractors, if known. The terminated contractor shall, not later than three days after receipt of such notice, provide the successor contractor with the name, date of hire and employment occupation classification of each person employed by the terminated contractor at the site or sites covered by the service contract as of the date the terminated contractor receives the notice of termination or nonrenewal.
(2) On the date the service contract terminates, the terminated contractor shall provide the successor contractor with updated information concerning the name, date of hire and employment occupation classification of each person employed by the terminated contractor at the site or sites covered by the service contract, to ensure that such information is current up to the actual date of service contract termination.
(3) If the awarding authority fails to notify the terminated contractor of the identity of the successor contractor, as required by subdivision (1) of this subsection, the terminated contractor shall provide the information described in subdivision (2) of this subsection to the awarding authority not later than three days after receiving notice that the service contract will be terminated. The awarding authority shall be responsible for providing such information to the successor contractor as soon as the successor contractor has been selected.
(4) (A) Except as provided in subparagraph (D) of this subdivision, a successor contractor shall retain, for at least ninety days from the date of first performance of services under the successor service contract, all of the employees who were continuously employed by the terminated contractor at the site or sites covered by the service contract during the six-month period immediately preceding the termination or nonrenewal of such service contract, including any periods of layoff or leave with recall rights.
(B) Except as provided in subparagraph (D) of this subdivision, if the successor service contract is terminated prior to the expiration of such ninety-day period, then any contractor awarded a subsequent successor service contract shall be bound by the requirements set forth in this subsection to retain, for a new ninety-day period commencing with the onset of the subsequent successor service contract, all of the employees who were previously employed by any one or more of the terminated contractors at the site or sites covered by the service contract continuously during the six-month period immediately preceding the date of the most recently terminated service contract, including any periods of layoff or leave with recall rights.
(C) At least five days prior to the termination of a service contract, or at least fifteen days prior to the commencement of the first performance of service under a successor service contract, whichever is later, the successor contractor shall hand-deliver a written offer of employment in substantially the form set forth below to each such employee in such employee's native language or any other language in which such employee is fluent:
“IMPORTANT INFORMATION REGARDING YOUR EMPLOYMENT
To: ....(Name of employee)
We have received information that you are employed by .... (name of predecessor contractor) and are currently performing work at .... (address of worksite) .... (name of predecessor contractor's) contract to perform .... (describe services under contract) at .... (address of worksite) will terminate as of .... (last day of predecessor contract) and it will no longer be providing those services as of that date.
We are .... (name of successor contractor) and have been hired to provide services similar to those of .... (name of predecessor contractor) at .... (address of worksite). We are offering you a job with us for a ninety-day probationary period starting .... (first day of successor contract) to perform the same type of work that you have already been doing for .... (name of predecessor contractor) under the following terms:
Payrate (per hour): $....
Hours per shift: ....
Total hours per week: ....
Benefits: ....
You must respond to this offer within the next ten days. If you want to continue working at .... (address of worksite) you must let us know by .... (no later than ten days after the date of this letter). If we do not receive your response by the end of business that day, we will not hire you and you will lose your job. We can be reached at .... (successor contractor telephone number).
Connecticut state law gives you the following rights:
1. You have the right with certain exceptions, to be hired by our company for the first ninety days that we begin to provide services at .... (address of worksite).
2. During this ninety-day period, you cannot be fired without just cause.
3. If you believe that you have been fired or laid off in violation of this law, you have the right to sue us and be awarded back pay, attorneys' fees and court costs.
From: .... (Name of successor contractor)
.... (Address of successor contractor)
.... (Telephone number of successor contractor)”
Each offer of employment shall state the time within which such employee must accept such offer but in no case shall that time be less than ten days from the date of the offer of employment.
(D) The provisions of subparagraphs (A) and (B) of this subdivision shall not be construed to require a successor contractor to retain any employee whose attendance and performance records, while working under the terminated service contract, would lead a reasonably prudent employer to terminate the employee.
(5) If at any time a successor contractor determines that fewer employees are required to perform the successor service contract than were required by the terminated contractor, the successor contractor shall be required to retain such employees by seniority within each job classification, based upon the employees' total length of service at the affected site or sites.
(6) During such ninety-day period, the successor contractor shall maintain a preferential hiring list of employees eligible for retention pursuant to subdivision (4) of this subsection, who were not initially retained by the successor contractor, from which the successor contractor shall hire additional employees, if necessary.
(7) Except as provided under subdivision (5) of this subsection, during such ninety-day period, the successor contractor shall not discharge without just cause an employee retained pursuant to this section. For purposes of this subdivision, “just cause” shall be determined solely by the performance or conduct of the particular employee.
(8) If the performance of an employee retained pursuant to this section is satisfactory during the ninety-day period, the successor contractor shall offer the employee continued employment under the terms and conditions established by the successor contractor, or as required by law.
(c) (1) An employee displaced or terminated in violation of this section, or such employee's collective bargaining representative, may bring an action in Superior Court against the awarding authority, the terminated contractor or the successor contractor, jointly or severally, to recover damages for any violation of the obligations imposed under this section.
(2) If the employee prevails in such action, the court may award the employee (A) back pay, including the value of benefits, for each day during which the violation continues, that shall be calculated at a rate of compensation not less than the higher of (i) the average regular rate of pay received by the employee during the last year of employment in the same job occupation classification, or, if the employee has been employed for less than one year, the average rate of pay for the employee's entire employment multiplied by the average number of hours worked per day over the last four months of employment preceding the date of the violation, or (ii) the final regular rate of pay received by the employee at the date of termination multiplied by the average number of hours worked per day over the last four months, and (B) reinstatement to the employee's former position at not less than the most recent rate of compensation received by the employee, including the value of any benefits.
(3) If the employee prevails in such action, the court shall award the employee reasonable attorney fees and costs.
(4) Nothing in this subsection shall be construed to limit an employee's right to bring a common law cause of action for wrongful termination against the awarding authority, the terminated contractor or the successor contractor.
(d) Any awarding authority or contractor who knowingly violates the provisions of this section shall pay a penalty not to exceed one hundred dollars per employee for each day the violation continues.
(P.A. 02-134, S. 1; P.A. 03-278, S. 90; P.A. 06-129, S. 8.)
History: P.A. 02-134 effective July 1, 2002; P.A. 03-278 made a technical change in Subsec. (a)(1) and (2), effective July 9, 2003; P.A. 06-129 amended Subsec. (c) to provide right of employee's collective bargaining representative to bring civil action for damages.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57h. Joint enforcement commission on employee misclassification. Members. Duties. Report. (a) There is established a joint enforcement commission on employee misclassification. The commission shall consist of the Labor Commissioner, the Commissioner of Revenue Services, the Insurance Commissioner, the Commissioner of Consumer Protection, the chairperson of the Workers' Compensation Commission, the Attorney General and the Chief State's Attorney, or their designees.
(b) The joint enforcement commission on employee misclassification shall meet not less than four times each year. The task force shall review the problem of employee misclassification by employers for the purposes of avoiding their obligations under state and federal labor, employment and tax laws. The commission shall coordinate the civil prosecution of violations of state and federal laws as a result of employee misclassification and shall report any suspected violation of state criminal statutes to the Chief State's Attorney or the State's Attorney serving the district in which the violation is alleged to have occurred.
(c) On or before February 1, 2010, and biennially thereafter, the commission shall report, in accordance with section 11-4a, to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to labor. The report shall summarize the commission's actions for the preceding calendar year and include any recommendations for administrative or legislative action.
(P.A. 08-105, S. 9; 08-156, S. 1; P.A. 13-140, S. 8.)
History: P.A. 08-105 and 08-156 effective July 1, 2008; P.A. 13-140 amended Subsec. (a) by adding Insurance Commissioner and Commissioner of Consumer Protection as members of joint enforcement commission on employee misclassification and amended Subsec. (c) by replacing “annually” with “biennially”, effective June 18, 2013.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57i. Employee Misclassification Advisory Board. Members. Duties. There is established the Employee Misclassification Advisory Board to advise the joint enforcement commission on employee misclassification established pursuant to section 31-57h on misclassification in the construction industry in this state. The advisory board shall consist of members representing management and labor in the construction industry and shall be appointed as follows: One member representing labor and one member representing management, appointed by the Governor; one member representing labor, appointed by the speaker of the House of Representatives; one member representing management, appointed by the minority leader of the House of Representatives; one member representing management, appointed by the president pro tempore of the Senate and one member representing labor, appointed by the minority leader of the Senate. All appointments shall be made by August 1, 2008. The terms of members shall be coterminous with the terms of the appointing authority for each member and any vacancy shall be filled by the appointing authority. Members of the advisory board shall serve without compensation but shall, within available funds, be reimbursed for expenses necessarily incurred in the performance of their duties.
(P.A. 08-156, S. 2.)
History: P.A. 08-156 effective July 1, 2008.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Secs. 31-57j to 31-57q. Reserved for future use.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57r. Definitions. As used in this section and sections 31-57s to 31-57w, inclusive:
(1) “Child” means a biological, adopted or foster child, stepchild, legal ward of a service worker, or a child of a service worker standing in loco parentis, who is (A) under eighteen years of age; or (B) eighteen years of age or older and incapable of self-care because of a mental or physical disability;
(2) “Day or temporary worker” means an individual who performs work for another on (A) a per diem basis, or (B) an occasional or irregular basis for only the time required to complete such work, whether such individual is paid by the person for whom such work is performed or by an employment agency or temporary help service, as defined in section 31-129;
(3) “Employee” means an individual engaged in service to an employer in the business of the employer;
(4) “Employer” means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity that employs fifty or more individuals in the state, which shall be determined based on such person's, firm's, business', educational institution's, nonprofit agency's, corporation's, limited liability company's or other entity's payroll for the week containing October first, annually. “Employer” does not include: (A) Any business establishment classified in sector 31, 32 or 33 in the North American Industrial Classification System, or (B) any nationally chartered organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, that provides all of the following services: Recreation, child care and education;
(5) “Family violence” has the same meaning as provided in section 46b-38a;
(6) “Retaliatory personnel action” means any termination, suspension, constructive discharge, demotion, unfavorable reassignment, refusal to promote, disciplinary action or other adverse employment action taken by an employer against an employee or a service worker;
(7) “Service worker” means an employee primarily engaged in an occupation with one of the following broad or detailed occupation code numbers and titles, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system: (A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 21-1099 Community and Social Service Specialists, All Other; (G) 25-4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health Practitioner Support Technologists and Technicians; (R) 29-2060 Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; (CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; (EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; (LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; (QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; (WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 Receptionists and Information Clerks; (YY) 43-5020 Couriers and Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; (AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and Information Processing Workers; (CCC) 43-9030 Desktop Publishers; (DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; (FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous Office and Administrative Support Workers; (KKK) 51-3010 Bakers; (LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; (NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, and is (i) paid on an hourly basis, or (ii) not exempt from the minimum wage and overtime compensation requirements of the Fair Labor Standards Act of 1938 and the regulations promulgated thereunder, as amended from time to time. “Service worker” does not include day or temporary workers;
(8) “Sexual assault” means any act that constitutes a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a;
(9) “Spouse” means a husband or wife, as the case may be; and
(10) “Year” means any three-hundred-sixty-five-day period used by an employer to calculate employee benefits.
(P.A. 11-52, S. 1; P.A. 14-128, S. 1; P.A. 19-189, S. 9.)
History: P.A. 11-52 effective January 1, 2012; P.A. 14-128 redefined “employer” in Subdiv. (4) to provide that determination of number of employees is based on payroll for week containing October first, annually, redefined “service worker” in Subdiv. (7) to add Subpara. (QQQ) re radiologic technologists, added Subdiv. (10) defining “year”, and made technical changes, effective January 1, 2015; P.A. 19-189 redefined “sexual assault” in Subdiv. (8).
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57s. Employer requirement to provide sick leave to service workers. Use of leave. Employer compliance. Rate of pay during leave. (a) Each employer shall provide paid sick leave annually to each of such employer's service workers in the state. Such paid sick leave shall accrue (1) beginning January 1, 2012, or for a service worker hired after said date, beginning on the service worker's date of employment, (2) at a rate of one hour of paid sick leave for each forty hours worked by a service worker, and (3) in one-hour increments up to a maximum of forty hours per year. Each service worker shall be entitled to carry over up to forty unused accrued hours of paid sick leave from the current year to the following year, but no service worker shall be entitled to use more than the maximum number of accrued hours, as described in subdivision (3) of this subsection, in any year.
(b) A service worker shall be entitled to the use of accrued paid sick leave upon the completion of the service worker's six-hundred-eightieth hour of employment from January 1, 2012, if the service worker was hired prior to January 1, 2012, or if hired after January 1, 2012, upon the completion of the service worker's six-hundred-eightieth hour of employment from the date of hire, unless the employer agrees to an earlier date. A service worker shall not be entitled to the use of accrued paid sick leave if such service worker did not work an average of ten or more hours per week for the employer in the most recent complete quarter.
(c) An employer shall be deemed to be in compliance with this section if the employer offers any other paid leave, or combination of other paid leave that (1) may be used for the purposes of section 31-57t, and (2) is accrued in total at a rate equal to or greater than the rate described in subsections (a) and (b) of this section. For the purposes of this subsection, “other paid leave” may include, but not be limited to, paid vacation, personal days or paid time off.
(d) Each employer shall pay each service worker for paid sick leave at a pay rate equal to the greater of either (1) the normal hourly wage for that service worker, or (2) the minimum fair wage rate under section 31-58 in effect for the pay period during which the employee used paid sick leave. For any service worker whose hourly wage varies depending on the work performed by the service worker, “normal hourly wage” means the average hourly wage of the service worker in the pay period prior to the one in which the service worker used paid sick leave.
(e) Notwithstanding the provisions of this section and sections 31-57t to 31-57w, inclusive, and upon the mutual consent of the service worker and employer, a service worker who chooses to work additional hours or shifts during the same or following pay period, in lieu of hours or shifts missed, shall not use accrued paid sick leave.
(f) No employer shall (1) terminate any employee, (2) dismiss any employee, or (3) transfer any employee from one worksite to another solely in order to not qualify as an employer, as defined in section 31-57r.
(P.A. 11-52, S. 2; P.A. 14-122, S. 149; 14-128, S. 2.)
History: P.A. 11-52 effective January 1, 2012; P.A. 14-122 made technical changes in Subsec. (d); P.A. 14-128 amended Subsec. (a)(3) to replace “calendar year” with “year”, amended Subsec. (b) to replace “calendar quarter” with “quarter” and make a technical change, and added Subsec. (f) re termination, dismissal or transfer of employee, effective January 1, 2015.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57t. Permitted uses for sick leave. (a) An employer shall permit a service worker to use the paid sick leave accrued pursuant to section 31-57s:
(1) For (A) a service worker's illness, injury or health condition, (B) the medical diagnosis, care or treatment of a service worker's mental illness or physical illness, injury or health condition, or (C) preventative medical care for a service worker;
(2) For (A) a service worker's child's or spouse's illness, injury or health condition, (B) the medical diagnosis, care or treatment of a service worker's child's or spouse's mental or physical illness, injury or health condition, or (C) preventative medical care for a child or spouse of a service worker; and
(3) Where a service worker is a victim of family violence or sexual assault (A) for medical care or psychological or other counseling for physical or psychological injury or disability, (B) to obtain services from a victim services organization, (C) to relocate due to such family violence or sexual assault, or (D) to participate in any civil or criminal proceedings related to or resulting from such family violence or sexual assault.
(b) If a service worker's need to use paid sick leave is foreseeable, an employer may require advance notice, not to exceed seven days prior to the date such leave is to begin, of the intention to use such leave. If a service worker's need for such leave is not foreseeable, an employer may require a service worker to give notice of such intention as soon as practicable. For paid sick leave of three or more consecutive days, an employer may require reasonable documentation that such leave is being taken for one of the purposes permitted under subsection (a) of this section. If such leave is permitted under subdivision (1) or (2) of subsection (a) of this section, documentation signed by a health care provider who is treating the service worker or the service worker's child or spouse indicating the need for the number of days of such leave shall be considered reasonable documentation. If such leave is permitted under subdivision (3) of subsection (a) of this section, a court record or documentation signed by a service worker or volunteer working for a victim services organization, an attorney, a police officer or other counselor involved with the service worker shall be considered reasonable documentation.
(c) Nothing in sections 31-57s to 31-57w, inclusive, shall be deemed to require any employer to provide paid sick leave for a service worker's leave for any purpose other than those described in this section.
(d) Unless an employee policy or collective bargaining agreement provides for the payment of accrued fringe benefits upon termination, no service worker shall be entitled to payment of unused accrued sick leave under this section upon termination of employment.
(e) Nothing in sections 31-57s to 31-57w, inclusive, shall be construed to prohibit an employer from taking disciplinary action against a service worker who uses paid sick leave provided under sections 31-57s to 31-57w, inclusive, for purposes other than those described in this section.
(P.A. 11-52, S. 3; P.A. 14-128, S. 3.)
History: P.A. 11-52 effective January 1, 2012; P.A. 14-128 amended Subsec. (b) to replace “the purpose” with “one of the purposes”, effective January 1, 2015.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57u. Additional leave. Donation of unused leave. Breaks in service. (a) Nothing in sections 31-57s to 31-57w, inclusive, shall be construed to (1) prevent employers from providing more paid sick leave than is required under sections 31-57s to 31-57w, inclusive, (2) diminish any rights provided to any employee or service worker under a collective bargaining agreement, or (3) preempt or override the terms of any collective bargaining agreement effective prior to January 1, 2012.
(b) Nothing in sections 31-57s to 31-57w, inclusive, shall be construed to prohibit an employer (1) from establishing a policy whereby a service worker may donate unused accrued paid sick leave to another service worker, and (2) who provides more paid sick leave than is required under sections 31-57s to 31-57w, inclusive, for the purposes described in subdivision (1) of subsection (a) of section 31-57t from limiting the amount of such leave a service worker may use for other purposes.
(c) Any termination of a service worker's employment by an employer, whether voluntary or involuntary, shall be construed as a break in service. Should any service worker subsequently be rehired by the employer following a break in service, the service worker shall (1) begin to accrue sick leave in accordance with section 31-57s, and (2) shall not be entitled to any unused hours of paid sick leave that had been accrued prior to the service worker's break in service unless agreed to by the employer.
(P.A. 11-52, S. 4.)
History: P.A. 11-52 effective January 1, 2012.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57v. Retaliatory personnel action prohibited. Filing of complaint with Labor Commissioner. Hearing. Penalties. (a) No employer shall take retaliatory personnel action or discriminate against an employee because the employee (1) requests or uses paid sick leave either in accordance with sections 31-57s and 31-57t or in accordance with the employer's own paid sick leave policy, as the case may be, or (2) files a complaint with the Labor Commissioner alleging the employer's violation of sections 31-57s to 31-57w, inclusive.
(b) The Labor Commissioner shall advise any employee who (1) is covered by a collective bargaining agreement that provides for paid sick days, and (2) files a complaint pursuant to subsection (a) of this section of his or her right to pursue a grievance with his or her collective bargaining agent.
(c) Any employee aggrieved by a violation of the provisions of sections 31-57s to 31-57w, inclusive, may file a complaint with the Labor Commissioner. Upon receipt of any such complaint, said commissioner may hold a hearing. After the hearing, any employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of subsection (a) of this section shall be liable to the Labor Department for a civil penalty of five hundred dollars for each violation. Any employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated the provisions of sections 31-57s to 31-57u, inclusive, or section 31-57w shall be liable to the Labor Department for a civil penalty of up to one hundred dollars for each violation. The Labor Commissioner may award the employee all appropriate relief, including the payment for used paid sick leave, 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 the employee had not been subject to such retaliatory personnel action or discriminated against. Any party aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.
(d) The Labor Commissioner shall administer this section within available appropriations.
(P.A. 11-52, S. 5.)
History: P.A. 11-52 effective January 1, 2012.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57w. Notice to service workers of sick leave requirements. Regulations. Each employer subject to the provisions of section 31-57s shall, at the time of hiring, provide notice to each service worker (1) of the entitlement to sick leave for service workers, the amount of sick leave provided to service workers and the terms under which sick leave may be used, (2) that retaliation by the employer against the service worker for requesting or using sick leave for which the service worker is eligible is prohibited, and (3) that the service worker has a right to file a complaint with the Labor Commissioner for any violation of this section and of sections 31-57s to 31-57v, inclusive. Employers may comply with the provisions of this section by displaying a poster in a conspicuous place, accessible to service workers, at the employer's place of business that contains the information required by this section in both English and Spanish. The Labor Commissioner may adopt regulations, in accordance with chapter 54, to establish additional requirements concerning the means by which employers shall provide such notice. The Labor Commissioner shall administer this section within available appropriations.
(P.A. 11-52, S. 6.)
History: P.A. 11-52 effective January 1, 2012.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 31-57x. Paid family and medical leave program. Implementation plan. Report. (a) The Labor Commissioner, in consultation with the State Treasurer, the State Comptroller and the Commissioner of Administrative Services, shall establish the procedures necessary to implement a paid family and medical leave program.
(b) Not later than October 1, 2015, the Labor Commissioner shall contract with a consultant to create an implementation plan for the paid family and medical leave program. The implementation plan shall include, but not be limited to:
(1) A process to evaluate and establish mechanisms, through consultation with the entities described in subsection (a) of this section and the Department of Revenue Services, by which employees shall contribute a portion of their salary or wages to a program of paid family and medical leave that shall include the possibility of utilizing existing technology and payroll deduction systems;
(2) Identify and report on mechanisms for timely acceptance of claims, processing of claims, fraud prevention and any staffing, infrastructure and capital needs associated with administration of the program;
(3) Identify and report on mechanisms for timely distribution of employee compensation and any associated staffing, infrastructure and capital needs; and
(4) Identify and report on funding opportunities to assist with start-up costs and administration of the program, including, but not limited to, the availability of federal funds.
(c) Not later than October 1, 2015, the Labor Commissioner, in consultation with the State Treasurer, shall contract with a consultant to perform an actuarial analysis and report of the level of employee contributions necessary to ensure sustainable funding and administration of a paid family and medical leave compensation program.
(d) Not later than February 1, 2016, the Labor Commissioner shall submit a report, in accordance with section 11-4a, on the implementation plan described in subsection (b) of this section and the actuarial analysis described in subsection (c) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and labor.
(June Sp. Sess. P.A. 15-5, S. 413.)
History: June Sp. Sess. P.A. 15-5 effective June 30, 2015.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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, state representative or judge of probate, 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; P.A. 22-129, S. 2.)
History: June Sp. Sess. P.A. 21-2 effective June 23, 2021; P.A. 22-129 added “judge of probate” to the list of types of elections for which an employee may request unpaid time off for the purpose of voting, effective July 1, 2022.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
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.)
(Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |