Sec. 31-40cc. Reports of occupational diseases and investigations re.
Sec. 31-49e. Paid family and medical leave. Definitions.
Sec. 31-51kk. Family and medical leave: Definitions.
Sec. 31-51rr. Family and medical leave benefits for employees of political subdivisions.
Sec. 31-55a. Annual adjustments to wage rates by contractors doing state work.
Sec. 31-40cc. Reports of occupational diseases and investigations re. (a) Each physician, physician assistant or advanced practice registered nurse having knowledge of any person whom such physician, physician assistant or advanced practice registered nurse suspects is suffering from an illness related to the exposure of lead, phosphorus, arsenic, brass, wood alcohol or mercury or their compounds, anthrax or compressed air, or any other disease contracted as a result of the nature of the occupation of such person, shall, not later than forty-eight hours of discovery of such suspected occupational disease, provide the Labor Department, in a form and manner prescribed by the department, a report stating (1) the name, address and occupation of such person, (2) the name, address and business of such person's employer, (3) the nature of the disease, and (4) any other information required by the department. Any physician, physician assistant or advanced practice registered nurse who fails to provide the report required pursuant to this section or who fails to send such report within the time period prescribed by this section may be assessed a civil penalty of not more than ten dollars by the Labor Commissioner. No report made pursuant to the provisions of this section shall be admissible as evidence in any civil action or for a workers' compensation claim under chapter 568.
(b) The Labor Commissioner may investigate and make recommendations regarding the elimination or prevention of occupational diseases reported by a physician, physician assistant or advanced practice registered nurse pursuant to this section, provided no information obtained by the commissioner upon investigation shall be admissible as evidence in any civil action or for a workers' compensation claim under chapter 568.
(c) The Labor Commissioner may share information contained in any report submitted pursuant to subsection (a) of this section with the Department of Public Health for purposes of any disease surveillance, prevention or control conducted by the department.
(P.A. 25-117, S. 3.)
History: P.A. 25-117 effective July 1, 2025.
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Sec. 31-49e. Paid family and medical leave. Definitions. As used in this section and sections 31-49f to 31-49u, 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 (A) the first four of the five most recently completed quarters, or (B) the alternative method of calculating base period established by the authority pursuant to section 31-49h for a covered employee that is employed by a public school operator or a nonpublic elementary or secondary school in a position that does not require professional certification under chapter 166;
(3) “Base weekly earnings” means (A) 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, or (B) the alternative method of calculating base weekly earnings established by the authority pursuant to section 31-49h for a covered employee that is employed by a public school operator or a nonpublic elementary or secondary school in a position that does not require professional certification under chapter 166;
(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, (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, or (C) employed by a public school operator in a position that does not require a professional certification under chapter 166. If a municipal employer, as defined in section 7-467, or a public school operator 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 public school operator 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 or a federally recognized tribe that has entered into a memorandum of understanding pursuant to section 31-49u, 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 public school operator or a nonpublic elementary or secondary school, except that the state, a municipal employer or public school operator is an employer with respect to each of its covered public employees and a nonpublic elementary or secondary school is an employer with respect to each individual employed by such nonpublic elementary or secondary school in a position that does not require a professional certification under chapter 166;
(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) “Municipality” has the same meaning as provided in section 7-245;
(15) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons;
(16) “Public school operator” means a local or regional board of education, an interdistrict magnet school operator, including an interdistrict magnet school operator described in section 10-264s, a state or local charter school, an endowed or incorporated academy approved by the State Board of Education pursuant to section 10-76d or a cooperative arrangement pursuant to section 10-158a;
(17) “Serious health condition” has the same meaning as provided in section 31-51kk; and
(18) “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; P.A. 24-5, S. 1; P.A. 25-174, S. 234.)
History: P.A. 19-25 effective June 25, 2019; P.A. 19-117 amended Subdivs. (3) and (16) by replacing “or” with “and” and adding provision re self-employment income, and made technical changes, effective June 26, 2019; P.A. 24-5 amended Subdiv. (8) by adding “or a federally recognized tribe that has entered into a memorandum of understanding pursuant to section 31-49u,”, added new Subdiv. (14) defining “municipality”, redesignated existing Subdivs. (14) to (16) as Subdivs. (15) to (17) and made technical changes; P.A. 25-174 amended Subdiv. (2) by adding provisions re alternative method of calculating base period, amended Subdiv. (3) by adding provision re alternative method of calculating base weekly earnings, amended Subdivs. (5) and (8) by adding provisions re public school operator and employees in positions that do not require professional certification under Ch. 166, added new Subdiv. (16) defining “public school operator” and redesignated existing Subdivs. (16) and (17) as Subdivs. (17) and (18).
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Sec. 31-49g. Establishment and administration of Paid Family and Medical Leave Insurance Program. Employee contributions. Authority duties. Payments. Employer duties. 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 such employee's or self-employed individual's or sole proprietor's 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.
(5) Each employer making payment of any wages to an employee shall (A) register with the authority, and (B) submit reports required by the authority in a form and manner prescribed by the authority.
(6) Any employer that fails to comply with the provisions of this subsection shall be subject to penalties established by the authority pursuant to subsection (b) of section 31-49h.
(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 the provisions of 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 employee elects to have income tax deducted and withheld from such covered employee's compensation, the amount specified shall be deducted and withheld in a manner consistent with state law.
(d) Notwithstanding the provisions of 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) (1) Except as otherwise provided in subdivision (2) of this subsection, no covered employee shall receive compensation under this section concurrently with income replacement compensation under chapter 567 or 568 or any other state or federal program that provides wage replacement.
(2) A covered employee may receive compensation under this section concurrently with compensation received from the victim compensation program administered by the Office of Victim Services within the Judicial Department, provided the total compensation received by the covered employee during the covered employee's period of leave shall not exceed such covered employee's regular rate of compensation.
(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; P.A. 24-5, S. 2; P.A. 25-75, S. 1.)
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; P.A. 24-5 amended Subsec. (b) by adding Subdivs. (5) and (6) re employer requirements and penalties, amended Subsec. (g) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re compensation received from victim compensation fund, and made technical changes; P.A. 25-75 made technical changes in Subsecs. (c) and (d), effective June 23, 2025.
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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;
(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; and
(H) Establishing an alternative method of calculating the base period and base weekly earnings for a covered employee that is employed by a public school operator or a nonpublic elementary or secondary school in a position that does not require professional certification under chapter 166;
(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; and
(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; P.A. 25-174, S. 235.)
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; P.A. 25-174 amended Subsec. (b)(11) by adding Subpara. (H) re establishing an alternative method of calculating base period and base weekly earnings and made technical changes.
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Sec. 31-49u. Memorandum of understanding with federally recognized tribe re participation in program. Notwithstanding the provisions of section 3-6c, the Governor, in consultation with the authority, may enter into a memorandum of understanding with any federally recognized tribe located within the state to authorize employees of both the tribe and any tribally owned business to participate in the Paid Family and Medical Leave Insurance Program. Any such participation in the program shall be governed solely by the terms of any memorandum of understanding entered into pursuant to this section.
(P.A. 24-5, S. 6; P.A. 25-75, S. 2.)
History: P.A. 25-75 made a technical change, effective June 23, 2025.
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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, shall be liable to such employee for damages caused by such discipline or discharge, including punitive damages, and for reasonable attorney's fees as part of the costs of any such action for damages; 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 the provisions of section 4a-60, concerning sexual orientation, sections 46a-81b to 46a-81o, inclusive, 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; P.A. 23-46, S. 24; 23-145, S. 3; P.A. 25-168, S. 209.)
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; P.A. 23-46 amended Subsec. (b)(1) by adding that employer shall be liable to employee for damages caused by such discipline or discharge, including punitive damages, and for reasonable attorney's fees as part of the costs of any such action for damages; P.A. 23-145 amended Subsec. (d) by replacing “46a-81a and 46a-81o” with “46a-81b to 46a-81o, inclusive,”, effective July 1, 2023; P.A. 25-168 amended Subsec. (d) by deleting reference to Sec. 4a-60a and adding reference to Sec. 4a-60 and sexual orientation.
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Sec. 31-51kk. Family and medical leave: Definitions. As used in sections 31-51kk to 31-51qq, inclusive:
(1) “Eligible employee” means (A) an employee who has been employed for at least three months immediately preceding such employee's request for leave by the employer with respect to whom leave is requested, or (B) an employee of a public school operator or a nonpublic elementary or secondary school (i) whose position does not require a professional certification under chapter 166, and (ii) who has been employed for at least three months during the previous twelve-month period by such public school operator or nonpublic elementary or secondary school 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 public school operator or a nonpublic elementary or secondary school, except that a public school operator or a nonpublic elementary or secondary school is an employer with respect to its eligible employees;
(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) “Municipality” has the same meaning as provided in section 7-245;
(11) “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;
(12) “Person” means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives or organized groups of persons;
(13) “Public school operator” has the same meaning as provided in section 31-49e;
(14) “Reduced leave schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee;
(15) “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;
(16) “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;
(17) “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
(18) “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; P.A. 24-5, S. 7; P.A. 25-174, S. 236.)
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; P.A. 24-5 added new Subdiv. (10) defining “municipality” and redesignated existing Subdivs. (10) to (16) as Subdivs. (11) to (17); P.A. 25-174 amended Subdiv. (1) by adding provisions re employee of public school operator or nonpublic elementary or secondary school, amended Subdiv. (4) by adding provisions re when a public school operator and nonpublic elementary or secondary school is an employer, added new Subdiv. (13) defining “public school operator” and redesignated existing Subdivs. (13) to (17) as Subdivs. (14) to (18).
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Sec. 31-51rr. Family and medical leave benefits for employees of political subdivisions. (a) Each political subdivision of the state shall provide the same family and medical leave benefits under the federal Family and Medical Leave Act, P.L. 103-3, and 29 CFR 825.112 to any employee of such political subdivision who is 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, which benefits shall be the same 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.
(b) 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 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.
(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; P.A. 24-41, S. 18; P.A. 25-174, S. 237.)
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; P.A. 24-41 amended Subsec. (a) by replacing “grant” with “provide the same family and medical leave benefits under the federal Family and Medical Leave Act, P.L. 103-3, and CFR 825.112 to (1)”, adding “which benefits shall be the same” and making conforming changes in Subdiv. (1), replacing “school paraprofessional in an educational setting” with “paraeducator who has been employed in an educational setting” and deleting provision re same benefits to employees employed for at least 12 months and at least 1,250 hours of service during previous 12-month period in Subdiv. (2) and adding Subdiv. (3) re person employed by board of education and who does not hold professional certification under Ch. 166 and has been employed for at least 12 months and at least 950 hours of service during previous 12-month period, amended Subsec. (b) by replacing “school paraprofessional in an educational setting” with “paraeducator who has been employed in an educational setting” in Subdiv. (2) and adding Subdiv. (3) re person employed by board of education and who does not hold professional certification under Ch. 166 and has been employed for at least 12 months and at least 950 hours of service during previous 12-month period, amended Subsec. (e) by replacing “paraprofessional” with “paraeducator”, amended Subsec. (f) by replacing “school paraprofessionals” with “paraeducators employed”, and made technical and conforming changes throughout, effective July 1, 2024; P.A. 25-174 amended Subsecs. (a) and (b) by deleting provisions re paraeducators and persons employed by a local or regional board of education who do not hold a professional certification under Ch. 166 and deleted Subsecs. (e) and (f).
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Sec. 31-53. Construction, alteration or repair of public works project by state or political subdivision; wage rates; certified payroll. Penalties. Civil action. Exceptions. (a) Each contract for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project by the state or any of its agents, or by any political subdivision of the state or any of its agents, including, on and after July 1, 2025, each contract for off-site custom fabrication for any such public works 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 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.” For purposes of this subsection, “off-site custom fabrication” means the fabrication of mechanical systems that are fabricated at a site located within the state other than the location of a public works project, but are fabricated specifically for such public works project, including plumbing systems, heating systems, cooling systems, pipefitting systems, ventilation systems or exhaust duct systems. “Off-site custom fabrication” does not include components or materials that are stock shelf items or readily available.
(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.
(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 public works project, as defined in section 31-56a, 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 each trade or occupation for which there is no collective bargaining agreement in effect for the town in which the public 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; P.A. 22-17, S. 1; P.A. 23-175, S. 1; P.A. 25-174, S. 212.)
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; P.A. 23-175 amended Subsec. (d) by replacing “building, heavy or highway works project” with “public works project”, deleting reference to residential project rates and making technical changes, effective July 1, 2023; P.A. 25-174 amended Subsec. (a) by adding provisions re off-site custom fabrication of mechanical systems and defining “off-site custom fabrication”, effective July 1, 2025.
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Sec. 31-53a. Distribution of accrued payments. Debarment list. Limitation on awarding contracts. Sworn affidavits required of subcontractors. Civil penalty. Right of action. (a) The State Comptroller or the contracting authority acting pursuant to section 31-53 is hereby authorized and directed to pay to mechanics, laborers and workers from any accrued payments withheld under the terms of a contract terminated pursuant to subsection (b) of section 31-53 any wages found to be due such mechanics, laborers and workers pursuant to section 31-53. The Labor Commissioner is further authorized and directed to distribute a list to all departments of the state and political subdivisions of the state giving the names of persons or firms whom the Labor Commissioner has found to have (1) disregarded their obligations under section 31-53 and section 31-76c to employees and subcontractors on public works projects, (2) been barred from federal government contracts in accordance with the provisions of the Davis-Bacon Act, 49 Stat. 1011 (1931), 40 USC 276a-2, or (3) submitted false, misleading or materially inaccurate information under subsection (d) of section 31-53d.
(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; P.A. 25-117, S. 4.)
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; P.A. 25-117 amended Subsec. (a) to change reference from Sec. 21-53d to Sec. 31-53d, effective July 1, 2025.
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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, municipality, regional council of governments, Connecticut brownfield land bank or economic development agency, as defined in section 32-760, or other legal entity, but excludes any organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 or that is a chamber of commerce under Section 501(c)(6) of said Internal Revenue Code, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and that (A) accepts financial assistance for a project as defined in this section, and (B) such project is valued at not more than ten million dollars and is not for the purposes described in subsection (f) of this section;
(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.
(f) If the Department of Economic and Community Development provides financial assistance to any business organization, including any nonprofit organization that is 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 amended from time to time, for the purpose of remediation, demolition or abatement of pollution in buildings, soil or groundwater located at a project site, only the remediation, demolition or abatement of pollution in buildings, soil or groundwater portion of the project described in the financial assistance contract between the business organization and the department shall be covered by this section. Such financial assistance contract executed by the department shall be limited to the purposes described in this subsection and shall be separate from any contract for redevelopment activities on the site.
(June Sp. Sess. P.A. 17-2, S. 566; P.A. 25-168, S. 146.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017; P.A. 25-168 amended Subsec. (a)(1) by redefining “business organization” to include a municipality, regional council of governments, Connecticut brownfield land bank or economic agency as well as exclude certain nonprofit organizations and chambers of commerce and added Subsec. (f) re financial assistance provided by the Department of Economic and Community Development for the purpose of remediation, demolition or abatement of pollution in buildings, soil or groundwater located at project site, effective July 1, 2025.
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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, any project that falls under the provisions of section 31-53c or any covered project that falls under the provisions of section 31-53d, 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; P.A. 25-168, S. 147.)
History: P.A. 25-168 applied provisions of section to any project that falls under Sec. 31-53c and any covered project that falls under Sec. 31-53d, effective July 1, 2025.
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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 (d) 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 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 (d) 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 (d) of this section.
(d) 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.
(e) 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 (d) of this section.
(P.A. 93-365, S. 1-6; P.A. 11-55, S. 16; P.A. 13-139, S. 31; P.A. 25-174, S. 209.)
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); P.A. 25-174 deleted former Subsec. (c) re opposing application by a tribe to convert any parcel of fee interest land to federal trust status, redesignated existing Subsecs. (d) to (f) as Subsecs. (c) to (e) and made technical changes.
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Sec. 31-57r. Definitions. As used in this section and sections 31-57s to 31-57w, inclusive:
(1) “Child” means (A) a biological, adopted or foster child, stepchild or legal ward of an employee, (B) a child of an employee standing in loco parentis, or (C) an individual to whom the employee stood in loco parentis when the individual was a child;
(2) “Employee” means an individual engaged in service to an employer in the business of the employer. “Employee” does not include (A) an individual who is a member of a construction-related tradesperson employee organization that is a party to a multiemployer health plan in which more than one employer is required to contribute to such plan and such plan is maintained pursuant to one or more collective bargaining agreements between a construction-related tradesperson employee organization or organizations and employers, or (B) a seasonal employee;
(3) “Employer” means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity that (A) on and after January 1, 2025, employs twenty-five or more individuals in the state, (B) on and after January 1, 2026, employs eleven or more individuals in the state, and (C) on and after January 1, 2027, employs one 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 January first, annually. “Employer” does not include (i) an employer that participates in a multiemployer health plan in which more than one employer is required to contribute to such plan and such plan is maintained pursuant to one or more collective bargaining agreements between a construction-related tradesperson employee organization or organizations and employers, or (ii) a self-employed individual;
(4) “Family member” means a spouse, sibling, child, grandparent, grandchild or parent of an employee or an individual related to the employee by blood or affinity whose close association the employee shows to be equivalent to those family relationships;
(5) “Family violence” has the same meaning as provided in section 46b-38a;
(6) “Grandchild” means a grandchild related to a person by blood, marriage, adoption by a child of the grandparent or foster care by a child of the grandparent;
(7) “Parent” means (A) a biological, foster or adoptive parent, stepparent, parent-in-law, legal guardian of an employee or an employee's spouse, (B) an individual standing in loco parentis to an employee, or (C) an individual who stood in loco parentis to the employee when the employee was a child;
(8) “Mental health wellness day” means a day during which an employee attends to such employee's emotional and psychological well-being in lieu of attending a regularly scheduled shift;
(9) “Paid sick leave” means paid time that is provided by an employer to an employee for the purposes described in section 31-57t;
(10) “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;
(11) “Seasonal employee” means an employee who works one hundred twenty days or less in any year;
(12) “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;
(13) “Sibling” means a brother or sister related to an employee by (A) blood, marriage or adoption by a parent of the employee, or (B) foster care placement;
(14) “Spouse” means a person who is (A) legally married to an employee under the laws of any state, or (B) a domestic partner of an employee registered under the laws of any state or political subdivision; and
(15) “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; P.A. 23-101, S. 7; P.A. 24-8, S. 1; P.A. 25-75, S. 3.)
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); P.A. 23-101 added new Subdiv. (6) defining “mental health wellness day” and redesignated existing Subdivs. (6) to (10) as Subdivs. (7) to (11); P.A. 24-8 redefined “child” in Subdiv. (1), deleted existing Subdiv. (2) and redesignated existing Subdivs. (3) and (4) as Subdivs. (2) and (3), redefined “employee” in redesignated Subdiv. (2), redefined “employer” in redesignated Subdiv. (3), added new Subdiv. (4) defining “family member”, added new Subdiv. (6) defining “grandchild”, added new Subdiv. (7) defining “parent”, redesignated existing Subdiv. (6) as Subdiv. (8), added new Subdiv. (9) defining “paid sick leave”, redesignated existing Subdiv. (7) as Subdiv. (10), deleted existing Subdiv. (8), redesignated existing Subdiv. (9) as Subdiv. (12), added new Subdiv. (11) defining “seasonal employee”, added Subdiv. (13) defining “sibling”, redesignated existing Subdivs. (10) and (11) as Subdivs. (14) and (15), and redefined “spouse” in redesignated Subdiv. (14), effective January 1, 2025; P.A. 25-75 made a technical change in Subdiv. (13), effective June 23, 2025.
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Sec. 31-57s. Employer requirement to provide sick leave to employees. 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 employees in the state. Such paid sick leave shall accrue (1) (A) beginning (i) January 1, 2025, for an employee of an employer that employs twenty-five or more individuals in the state, (ii) January 1, 2026, for an employee of an employer that employs eleven or more individuals in the state, or (iii) January 1, 2027, for an employee of an employer that employs one or more individuals in the state, or (B) for an employee hired after said dates, beginning on the employee's first date of employment, (2) at a rate of one hour of paid sick leave for each thirty hours worked by an employee, and (3) in one-hour increments up to a maximum of forty hours per year. An employer may provide its employees with a greater amount of paid sick leave or provide paid sick leave at a faster rate than required by this subsection. Each employee 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 employee shall be entitled to use more than the maximum number of accrued hours, as described in subdivision (3) of this subsection, in any year. In lieu of any carry-over of unused paid sick leave from the current year to the following year, an employer may provide an employee with an amount of paid sick leave that meets or exceeds the requirements of this subsection and is available for the employee's immediate use at the beginning of the following year.
(b) An employee shall be entitled to the use of any accrued paid sick leave on and after the one hundred twentieth calendar day of such employee's employment.
(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, and under the same conditions as provided in, section 31-57t, and (2) is accrued in total at a rate equal to or greater than the rate described in subsection (a) of this section. For the purposes of this subsection, “other paid leave” may include, but need not be limited to, paid vacation, personal days or paid time off, including unlimited paid time off.
(d) Each employer shall pay each employee for paid sick leave at a pay rate equal to (1) the normal hourly wage for that employee, or (2) the minimum fair wage rate under section 31-58 in effect for the pay period during which the employee uses paid sick leave, whichever is greater. For any employee whose hourly wage varies depending on the work performed by such employee, “normal hourly wage” means the average hourly wage of the employee in the pay period prior to the one in which the employee uses 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 employee and employer, an employee 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) An employee who is exempt from overtime requirements under the provisions of 29 USC 213(a)(1), as amended from time to time, shall be presumed to work forty hours each work week for purposes of paid sick leave accrual, except each such employee, whose normal work week is less than forty hours, shall accrue paid sick leave based upon the hours worked in such normal work week.
(g) (1) If an employee is transferred by an employer to another division, entity or worksite but remains employed by such employer, such employee shall retain and may use all paid sick leave accrued or received by the employee while working at such prior division, entity or worksite.
(2) If another employer succeeds or takes the place of an existing employer, each employee of the original employer who remains employed by such other successor employer shall retain and may use all paid sick leave accrued or received while employed by the original employer.
(h) No employer shall require an employee who will use or is using paid sick leave to search for or find another employee to serve as a replacement for such employee to work the hours that such employee is or was scheduled to work.
(i) 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.
(j) (1) A local or regional board of education that provides paid sick leave or any other paid leave, or combination of other paid leave, that is accrued at a greater rate than the rate described in subsection (a) of this section to school employees, as defined in section 53a-65, may require such school employees to use accrued paid sick leave at the increment prescribed in the collective bargaining agreement negotiated by the organization designated or elected as the exclusive bargaining representative for such school employees, provided such local or regional board of education shall not prohibit such employees from using the maximum amount of accrued hours described in subdivision (3) of subsection (a) of this section for the purposes provided in subsection (a) of section 31-57t.
(2) A municipal employer, as defined in section 7-467, that provides paid sick leave or any other paid leave, or combination of other paid leave, that is accrued at a greater rate than the rate described in subsection (a) of this section to police officers, firefighters or employees of a public works department may require such police officers, firefighters or employees of a public works department to use accrued paid sick leave at the increment prescribed in the collective bargaining agreement negotiated by the organization designated or elected as the exclusive bargaining representative for such employees, provided such municipal employer shall not prohibit such police officers, firefighters or employees of a public works department from using the maximum amount of accrued hours described in subdivision (3) of subsection (a) of this section for the purposes provided in subsection (a) of section 31-57t. For purposes of this subsection, “public works department” means a municipal department responsible for the construction, regulation or maintenance of all things in the nature of public works and improvements.
(P.A. 11-52, S. 2; P.A. 14-122, S. 149; 14-128, S. 2; P.A. 24-8, S. 2; P.A. 25-174, S. 233.)
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; P.A. 24-8 replaced references to service worker with references to employee in Subsecs. (a), (b), (d) and (e), amended Subsec. (a)(1) to add Subpara. designator (A), and therein delete “2012” and add accrual beginning dates for employees of employers of 25 or more, 11 or more, or 1 or more individuals in the state, and add Subpara. designator (B) and therein change “date of employment” to “first date of employment” and make a conforming change, amended Subsec. (a)(2) to replace “forty” with “thirty” and added provision re employer may provide greater amount of sick leave or at faster rate than required and provision re in lieu of carry-over of sick leave, amended Subsec. (b) to make a technical change and to change when employee is entitled to use sick leave, amended Subsec. (c) to add “, and under the same conditions as provided in,” and “, including unlimited paid time off” and made technical changes, made technical changes in Subsec. (d), added new Subsec. (f) re overtime, Subsec. (g) re transfer of an employee and re new employer succeeding existing employer, Subsec. (h) prohibiting employers from requiring employee to find replacement to use sick leave, and redesignated existing Subsec. (f) as Subsec. (i), effective January 1, 2025; P.A. 25-174 added Subsec. (j) re use of paid sick leave according to increments prescribed in a collective bargaining agreement, effective June 30, 2025.
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