House Bill No. 5536
Public Act No. 00-58
An Act Concerning Illegal Subcontracting.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 31-69a of the general statutes is repealed and the following is substituted in lieu thereof:
In addition to the penalties provided in part III of chapter 557, [and] this chapter and chapter 568, any employer, officer, agent or other person who violates any provision of part III of chapter 557, [or] this chapter [, or both] or subsection (g) of section 31-288, shall be liable to the Labor Department for a civil penalty of three hundred dollars for each violation of said chapters and for each violation of subsection (g) of section 31-288. 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 part III of chapter 557, [and] this chapter and subsection (g) of section 31-288.
Sec. 2. Section 31-76a of the general statutes is repealed and the following is substituted in lieu thereof:
(a) On receipt of a complaint for nonpayment of wages or a violation of the provisions of subsection (g) of section 31-288, the Labor Commissioner, the director of minimum wage and wage enforcement agents of the Labor Department shall have power to enter, during usual business hours, the place of business or employment of any employer to determine compliance with the wage payment laws or subsection (g) of section 31-288, and for such purpose may examine payroll and other records and interview employees, call hearings, administer oaths, take testimony under oath and take depositions in the manner provided by sections 52-148a to 52-148e, inclusive.
(b) The commissioner or the director, for such purpose, may issue subpoenas for the attendance of witnesses and the production of books and records. Any employer [, his officer or agent, or the] or any officer or agent of any employer, corporation, firm or partnership who wilfully fails to furnish time and wage records as required by law to the commissioner, the director of minimum wage or any wage enforcement agent upon request, or who refuses to admit the commissioner, the director or such agent to [his] the place of employment of such employer, corporation, firm or partnership, or who hinders or delays the commissioner, the director or such agent in the performance of [his] the commissioner's, the director's or such agent's duties in the enforcement of this section shall be fined not less than twenty-five dollars nor more than one hundred dollars. [, and each] Each day of such failure to furnish the time and wage records to the commissioner, the director or such agent shall constitute a separate offense, and each day of refusal to admit, of hindering or of delaying the commissioner, the director or such agent shall constitute a separate offense.
Approved May 16, 2000