Substitute House Bill No. 6630
Substitute House Bill No. 6630
PUBLIC ACT NO. 97-263
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE
CONCERNING STATE SUPPORTED JOB TRAINING PROGRAMS
AND INCREASING PENALTIES FOR VIOLATIONS OF CERTAIN
LABOR LAWS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 31-3h of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There is created, within the Labor
Department, the Connecticut Employment and
Training Commission.
(b) The duties and responsibilities of the
commission shall include: (1) Carrying out the
duties and responsibilities of a state job
training coordinating council pursuant to the
federal Job Training Partnership Act, 29 USC 1532,
as amended, a state human resource investment
council pursuant to 29 USC 1501 et seq., as
amended, and such other related entities as the
Governor may direct; (2) reviewing all employment
and training programs in the state to determine
their success in leading to and obtaining the goal
of economic self-sufficiency and to determine if
they are serving the needs of Connecticut's
workers, employers and economy, [and] (3)
developing a plan for the coordination of all
employment and training programs in the state to
avoid duplication and to promote the delivery of
comprehensive, individualized employment and
training services. The plan shall contain the
commission's recommendations for policies and
procedures to enhance the coordination and
collaboration of all such programs and shall be
submitted to the Governor for his approval not
later than June 1, 1990, and annually thereafter
AND (4) REVIEWING AND COMMENTING ON ALL EMPLOYMENT
AND TRAINING PROGRAMS ENACTED BY THE GENERAL
ASSEMBLY.
(c) On or before January 31, 1990, and
annually thereafter, the Connecticut Employment
and Training Commission shall submit to the
Governor and the joint standing committees of the
General Assembly having cognizance of matters
relating to employment and training a report on
the progress made by the commission in carrying
out its duties and responsibilities during the
preceding year and the commission's goals and
objectives for the current year.
Sec. 2. Section 31-3i of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The members of the Connecticut Employment
and Training Commission shall be appointed by the
Governor. [and shall serve at his pleasure.]
(b) The commission shall consist of [the
following members: Thirty per cent of the]
TWENTY-FOUR members, A MAJORITY OF WHOM shall
represent business and industry. [, including
representatives of business and industry on
private industry councils in the state; thirty per
cent] THE REMAINING MEMBERS shall represent state
and local governments; [thirty per cent shall
represent] organized labor; EDUCATION and
community based organizations, [and ten per cent
shall represent the general public] INCLUDING A
REPRESENTATIVE OF A COMMUNITY ACTION AGENCY, AS
DEFINED IN SECTION 17b-885. THE BOARD SHALL MEET
NO LESS THAN ONCE EVERY CALENDAR QUARTER.
Sec. 3. (NEW) On or before October 1, 1998,
and annually thereafter, the Connecticut
Employment and Training Commission shall submit to
the Office of Policy and Management and the joint
standing committees of the General Assembly having
cognizance of matters relating to employment and
training a report card of each program emphasizing
employment placement included in the commission's
annual inventory. The report card shall, at a
minimum, identify for each program the cost,
number of individuals entering the program, number
of individuals satisfactorily completing the
program and the employment placement rates of
those individuals at thirteen and twenty-six-week
intervals following completion of the program or a
statement as to why such measure is not relevant.
Sec. 4. (NEW) The Connecticut Employment and
Training Commission, in cooperation with the
Permanent Commission on the Status of Women and
the Commission on Human Rights and Opportunities,
shall regularly collect and analyze data on state
supported training programs that measure the
presence of gender or other systematic bias and
work with the relevant boards and agencies to
correct any problems that are found.
Sec. 5. (NEW) The Connecticut Employment and
Training Commission, in consultation with the
Labor Department, the Department of Economic and
Community Development and the regional workforce
development boards, shall recommend to the Office
of Policy and Management and the joint standing
committee of the General Assembly having
cognizance of matters relating to appropriations,
budget targets for assisting state employers with
their training needs.
Sec. 6. Section 20-341 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Any person who engages in or practices the
work or occupation for which a license is required
by this chapter without having first obtained an
apprentice permit or a certificate and license for
such work, or who wilfully employs or supplies for
employment a person who does not have a
certificate and license for such work or who
wilfully and falsely pretends to qualify to engage
in or practice such work or occupation, or who
engages in or practices any of the work or
occupations for which a license is required by
this chapter after the expiration of his license,
or who violates any other provision of this
chapter, unless the penalty is otherwise
specifically prescribed, shall be fined not more
than [one] TWO hundred dollars for each such
violation.
(b) The appropriate examining board may, after
notice and hearing, impose a civil penalty on any
person who engages in or practices the work or
occupation for which a license or apprentice
registration certificate is required by this
chapter without having first obtained such a
certificate or license, or who wilfully employs or
supplies for employment a person who does not have
such a license or certificate or who wilfully and
falsely pretends to qualify to engage in or
practice such work or occupation, or who engages
in or practices any of the work or occupations for
which a license or certificate is required by this
chapter after the expiration of his license or
certificate or who violates any of the provisions
of this chapter or the regulations adopted
pursuant thereto. Such penalty shall be in an
amount not more than [five hundred] ONE THOUSAND
dollars for a first violation of this subsection,
not more than [seven hundred fifty] ONE THOUSAND
FIVE HUNDRED dollars for a second violation and
not more than [one thousand five hundred] THREE
THOUSAND dollars for each violation of this
subsection occurring less than three years after a
second or subsequent violation of this subsection,
except that any individual employed as an
apprentice but improperly registered shall not be
penalized for a first offense.
(c) IF AN EXAMINING BOARD IMPOSES A FINE OR
CIVIL PENALTY UNDER THE PROVISIONS OF THIS SECTION
AS A RESULT OF A VIOLATION INITIALLY REPORTED BY A
MUNICIPAL OFFICIAL, THE COMMISSIONER SHALL, NOT
LESS THAN SIXTY DAYS AFTER COLLECTING SUCH FINE OR
PENALTY, REMIT ONE-HALF OF THE AMOUNT COLLECTED TO
SUCH MUNICIPALITY.
Sec. 7. Section 31-15 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Any person who wilfully employs, or has in his
employment or under his charge, any person in
violation of section 31-14 and who permits any
such person to be so employed shall be fined not
more than [twenty-five] FIFTY dollars for the
first offense and be fined not more than [one] TWO
hundred dollars or imprisoned not more than thirty
days or both for any subsequent offense. Any
parent or guardian who permits any minor to be
employed in violation of section 31-12, 31-13 or
31-14 shall be fined not more than [twenty-five]
FIFTY dollars for each offense. A certificate of
the age of a minor made as provided in section
10-193 shall be conclusive evidence of his age
upon the trial of any person other than the parent
or guardian for violation of any provision of said
section 31-12, 31-13 or 31-14. Nothing in this
chapter shall affect the provisions of section
10-184.
Sec. 8. Section 31-16 of the general statutes
is repealed and the following is substituted in
lieu thereof:
No person under the age of eighteen years
shall be employed by any telegraph or messenger
company, in cities having a population of twenty
thousand or over, to distribute, transmit or
deliver goods or messages between the hours of ten
o'clock at night and five o'clock in the morning.
The manager of the office of any corporation who
violates any provision of this section shall be
fined not more than [twenty] FIFTY dollars for
each day of such employment. The provisions of
this section shall not apply to persons under the
age of eighteen who have graduated from a
secondary educational institution.
Sec. 9. Section 31-18 of the general statutes
is repealed and the following is substituted in
lieu thereof:
No public restaurant, cafe, dining room,
barber shop, hairdressing or manicuring
establishment, amusement or recreational
establishment, bowling alley, shoe-shining
establishment, billiard or pool room or photograph
gallery shall employ or permit to work any minor
under eighteen years of age, except minors who
have graduated from a secondary educational
institution, between the hours of ten o'clock in
the evening and six o'clock in the morning, or any
of the persons described below under conditions
herein set forth more than nine hours in any day:
(1) Persons sixty-six years of age or older,
except with their consent; (2) handicapped
persons, so designated by medical or governmental
authority, except with their consent and after
certification by a physician that the extended
hours of work will not be injurious to their
health; (3) disabled veterans, as defined under
state or federal law, except with their consent
and after certification by a physician that the
extended hours of work will not be injurious to
their health; provided any such person may be
permitted to work in any such establishment one
day in a week for not more than ten hours on such
day, but not more than six days or forty-eight
hours in any one week, and provided further,
minors between sixteen and eighteen years of age
may be employed in any restaurant, cafe or dining
room, or employed as ushers in any nonprofit
theater until twelve o'clock midnight unless such
minors are regularly attending school in which
case such minors may be employed until eleven
o'clock in the evening on days which precede a
regularly scheduled school day and until twelve
o'clock midnight during any regular school
vacation season and on days which do not precede a
regularly scheduled school day. The hours of labor
of such persons shall be conspicuously posted in
such establishment in such form and manner as the
Labor Commissioner determines. The provisions of
this section shall not affect hotels. Any person
who violates any provision of this section shall
be fined not more than [one] TWO hundred dollars
for each offense.
Sec. 10. Subsection (e) of section 31-23 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) Any person, whether acting for himself or
as an agent for another, who employs or authorizes
or permits to be employed any minor in violation
of this section shall be fined not more than [one]
TWO hundred dollars.
Sec. 11. Section 31-24 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Except in state vocational schools or in
public schools teaching manual training, no child
under sixteen years of age shall be employed or
permitted to work in adjusting or assisting in
adjusting any belt upon any machine, or in oiling
or assisting in oiling, wiping or cleaning
machinery, while power is attached, or in
preparing any composition in which dangerous acids
are used, or in soldering, or in the manufacture
or packing of paints, dry colors or red or white
lead, or in the manufacture, packing or storing of
gun or blasting powder, dynamite, nitroglycerine
compounds, safety fuses in the raw or unvarnished
state, electric fuses for blasting purposes or any
other explosive, or in the manufacture or use of
any dangerous or poisonous gas or dye, or
composition of lye in which the quantity thereof
is injurious to health, or upon any scaffolding,
or in any heavy work in any building trade or in
any tunnel, mine or quarry, or in operating or
assisting to operate any emery, stone or buffing
wheel; and, except as otherwise provided in
subsection (b) of section 31-23, no child under
sixteen years of age shall be employed or
permitted to work in any capacity requiring such
child to stand continuously. Any person, whether
acting for himself or as agent for another, who
employs or authorizes or permits to be employed
any child in violation of any of the provisions of
this section shall be fined not more than [one]
TWO hundred dollars.
Sec. 12. Section 31-25 of the general statutes
is repealed and the following is substituted in
lieu thereof:
No person under sixteen years of age shall be
employed or permitted to have the care, custody,
operation or management of an elevator; any
person, partnership or corporation violating this
provision shall be fined not more than
[twenty-five] FIFTY dollars for each offense. No
person under eighteen years of age shall be
employed or permitted to have the care, custody,
management or operation of an elevator, either for
freight or passengers, running at a speed of over
two hundred feet per minute; any person, whether
acting for himself or as agent for another, who
authorizes or permits the employment of any person
in violation of this provision shall be fined not
more than [one] TWO hundred dollars.
Sec. 13. Subsection (a) of section 31-52 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) In the employment of mechanics, laborers
and workmen in the construction, remodeling or
repairing of any public building, by the state or
any of its agents or by persons contracting
therewith, preference shall be given to citizens
of the state, and, if they cannot be obtained in
sufficient numbers, then to citizens of the United
States. Any contractor who knowingly and wilfully
employs any person in violation of any provision
of this subsection shall be fined [one] TWO
hundred dollars for each week or fraction of a
week each such person is so employed.
Sec. 14. Section 31-53 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Each contract for the construction,
remodeling, refinishing, refurbishing,
rehabilitation, alteration or repair of any public
works project by the state or any of its agents,
or by any political subdivision of the state or
any of its agents, shall contain the following
provision: "The wages paid on an hourly basis to
any mechanic, laborer or workman employed upon the
work herein contracted to be done and the amount
of payment or contribution paid or payable on
behalf of each such employee to any employee
welfare fund, as defined in subsection (h) 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
employees to any such employee welfare fund shall
pay to each employee as part of his wages the
amount of payment or contribution for his
classification on each pay day."
(b) Any person who knowingly or wilfully
employs any mechanic, laborer or workman 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 which is less
than the rate customary or prevailing for the same
work in the same trade or occupation in the town
in which such public works project is being
constructed, remodeled, refinished, refurbished,
rehabilitated, altered or repaired, or who fails
to pay the amount of payment or contributions paid
or payable on behalf of each such employee to any
employee welfare fund, or in lieu thereof to the
employee, as provided by subsection (a), shall be
fined not less than two thousand five hundred
dollars but not more than five thousand dollars
for each offense AND (1) FOR THE FIRST VIOLATION,
SHALL BE DISQUALIFIED FROM BIDDING ON CONTRACTS
WITH THE STATE OR ANY POLITICAL SUBDIVISION UNTIL
THE CONTRACTOR OR SUBCONTRACTOR HAS MADE FULL
RESTITUTION OF THE BACK WAGES OWED TO SUCH PERSONS
AND FOR AN ADDITIONAL SIX MONTHS THEREAFTER AND
(2) FOR SUBSEQUENT VIOLATIONS, SHALL BE
DISQUALIFIED FROM BIDDING ON CONTRACTS WITH THE
STATE OR ANY POLITICAL SUBDIVISION UNTIL THE
CONTRACTOR OR SUBCONTRACTOR HAS MADE FULL
RESTITUTION OF THE BACK WAGES OWED TO SUCH PERSONS
AND FOR NOT LESS THAN AN ADDITIONAL TWO YEARS
THEREAFTER. In addition, if it is found by the
contracting officer representing the state or
political subdivision thereof that any mechanic,
laborer or workman 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 thereof may [,] (A) by written 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 his 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 thereof shall
within two days after taking such action notify
the Labor Commissioner in writing 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).
(d) For the purpose of predetermining the
prevailing rate of wage on an hourly basis and the
amount of payment or contributions paid or payable
on behalf of each employee to any employee welfare
fund, as defined in subsection (h), in each town
where such contract is to be performed, the Labor
Commissioner shall (1) hold a hearing at any
required time to determine the prevailing rate of
wages on an hourly basis and the amount of payment
or contributions paid or payable on behalf of each
[employee] PERSON to any employee welfare fund, as
defined in subsection (h), upon any public work
within any specified area, and shall establish
classifications of skilled, semiskilled and
ordinary labor, or (2) 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 employee to any employee
welfare fund, as defined in subsection (h), 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
employee to any employee welfare fund, as defined
in subsection (h), or in lieu thereof the amount
to be paid directly to each employee for such
payment or contributions as provided in subsection
(a) 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 (h), or cash in lieu
thereof, as provided in subsection (a), 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 subject to the
provisions of this section, such agent shall
certify in writing to the Labor Commissioner 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
his subcontractors for work to be performed under
such contract.
(f) Each employer subject to the provisions of
this section or section 31-54, AS AMENDED BY
SECTION 17 OF THIS ACT, shall (1) keep, maintain
and preserve such records relating to the wages
and hours worked by each employee and a schedule
of the occupation or work classification at which
each mechanic, laborer or workman 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 employees or employee welfare funds under
this section or section 31-54, AS AMENDED BY
SECTION 17 OF THIS ACT, and (2) submit [weekly]
MONTHLY to the contracting agency a certified
payroll which shall consist of a complete copy of
such records accompanied by a statement signed by
the employer which indicates that (A) such records
are correct; (B) the rate of wages paid to each
mechanic, laborer or workman and the amount of
payment or contributions paid or payable on behalf
of each such employee to any employee welfare
fund, as defined in subsection (h) 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 employee 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 provisions of this section and
section 31-54, AS AMENDED BY SECTION 17 OF THIS
ACT; (D) each such employee is covered by a
workers' compensation insurance policy for the
duration of his employment, which shall be
demonstrated by submitting to the contracting
agency the name of the workers' compensation
insurance carrier covering each such employee, 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 he 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 he knowingly relies upon a
subcontractor's false certification.
Notwithstanding the provisions of section 1-19,
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 1-15. The provisions of
sections 31-59(a), 31-59(b), 31-66 and 31-69, AS
AMENDED BY SECTION 18 OF THIS ACT, which are not
inconsistent with the provisions of this section
or section 31-54, AS AMENDED BY SECTION 17 OF THIS
ACT, shall 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) The provisions of this section shall not
apply where the total cost of all work to be
performed by all contractors and subcontractors in
connection with new construction of any public
works project is less than four hundred thousand
dollars or where the 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.
(h) As used in this section, section 31-54, AS
AMENDED BY SECTION 17 OF THIS ACT, and section
31-89a, "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
Commissioner of Banking 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 employees or their families or
dependents, or for both, including, but not
limited to, medical, surgical or hospital care
benefits; benefits in the event of sickness,
accident, disability or death; benefits in the
event of unemployment, or retirement benefits.
Sec. 15. Section 31-53a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The State Comptroller or the contracting
authority acting pursuant to section 31-53, AS
AMENDED BY SECTION 14 OF THIS ACT, is hereby
authorized and directed to pay to mechanics,
laborers and workmen from any accrued payments
withheld under the terms of a contract terminated
pursuant to subsection (b) of said section 31-53,
AS AMENDED, any wages found to be due such
mechanics, laborers and workmen pursuant to said
section 31-53, AS AMENDED. The Labor Commissioner
is further authorized and directed to distribute a
list to all departments of the state and political
subdivisions thereof giving the names of persons
or firms whom he has found to have disregarded
their obligations under said section 31-53, AS
AMENDED, and section 31-76c to employees and
subcontractors on public works projects or to have
been barred from federal government contracts in
accordance with the provisions of the Davis-Bacon
Act, 49 Stat. 1011 (1931), 40 USC 276a-2. No
contract shall be awarded by the state or any of
its political subdivisions to the persons or firms
appearing on this list 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.
(b) If the accrued payments withheld under the
terms of a contract terminated pursuant to
subsection (b) of section 31-53, AS AMENDED BY
SECTION 14 OF THIS ACT, are insufficient to
reimburse all the mechanics, laborers and workmen
with respect to whom there has been a failure to
pay the wages required pursuant to said section
31-53, AS AMENDED, such mechanics, laborers and
workmen shall have the right of action and of
intervention against the contractor and his
sureties conferred by law upon persons furnishing
labor or materials, and in such proceedings it
shall be no defense that such mechanics, laborers
and workmen accepted or agreed to accept less than
the required wages or that such persons
voluntarily made refunds.
Sec. 16. Section 31-55 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Every contractor or subcontractor performing
work for the state subject to the provisions of
section 31-53, AS AMENDED BY SECTION 14 OF THIS
ACT, or 31-54, AS AMENDED BY SECTION 17 OF THIS
ACT, shall post the prevailing wages as determined
by the Labor Commissioner in prominent and easily
accessible places at the site of work or at such
place or places as are used to pay its employees
their wages.
Sec. 17. Section 31-54 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The Labor Commissioner shall hold a hearing at
any required time to determine the prevailing rate
of wages upon any highway contract within any
specified area on an hourly basis and the amount
of payment or contributions paid or payable on
behalf of each employee to any employee welfare
fund, as defined in section 31-53, AS AMENDED BY
SECTION 14 OF THIS ACT, upon any classifications
of skilled, semiskilled and ordinary labor. Said
commissioner shall determine the prevailing rate
of wages on an hourly basis and the amount of
payment or contributions paid or payable on behalf
of each employee to any employee welfare fund, as
defined in section 31-53, AS AMENDED BY SECTION 14
OF THIS ACT, in each locality where any highway or
bridge is to be constructed, and the Commissioner
of Transportation shall include such rate of wage
on an hourly basis and the amount of payment or
contributions paid or payable on behalf of each
employee to any employee welfare fund, as defined
in section 31-53, AS AMENDED BY SECTION 14 OF THIS
ACT, or in lieu thereof, in cash as part of wages
each pay day, for each classification of labor in
the proposal for the contract and in the contract.
The rate and the amount so established shall, at
all times, be considered as the minimum rate of
wage on an hourly basis and the amount of payment
or contributions to an employee welfare fund, or
cash in lieu thereof, for the classification for
which it was established. Any contractor who pays
any person at a lower rate of wage on an hourly
basis or the amount of payment or contributions
paid or payable on behalf of each employee to any
employee welfare fund, as defined in section
31-53, AS AMENDED BY SECTION 14 OF THIS ACT, or
where he is not obligated by any agreement to make
payment or contributions to the employee welfare
funds, as defined in section 31-53, AS AMENDED BY
SECTION 14 OF THIS ACT, and fails to pay the
amount of such payment or contributions directly
to the employee as a part of his wages each pay
day, than that so established for the
classifications of work specified in any such
contract shall be fined not more than [one] TWO
hundred dollars for each offense. The provisions
of this section shall apply only to state highways
and bridges on state highways.
Sec. 18. Section 31-69 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Any employer or his agent, or the officer
or agent of any corporation, who discharges or in
any other manner discriminates against any
employee because such employee has served or is
about to serve on a wage board or has testified or
is about to testify before any wage board or in
any other investigation or proceeding under or
related to this part, or because such employer
believes that such employee may serve on any wage
board or may testify before any wage board or in
any investigation or proceeding under this part,
shall be fined not less than [fifty] ONE HUNDRED
dollars nor more than [two] FOUR hundred dollars.
(b) Any employer or the officer or agent of
any corporation who pays or agrees to pay to any
employee less than the rates applicable to such
employee under the provisions of this part or a
minimum fair wage order shall be: (1) Fined not
less than [two] FOUR thousand nor more than [five]
TEN thousand dollars or imprisoned not more than
five years or both for each offense if the total
amount of all unpaid wages owed to an employee is
more than two thousand dollars; (2) fined not less
than [one] TWO thousand nor more than [two] FOUR
thousand dollars or imprisoned not more than one
year or both for each offense if the total amount
of all unpaid wages owed to an employee is more
than one thousand dollars but not more than two
thousand dollars; (3) fined not less than [five
hundred] ONE THOUSAND nor more than [one] TWO
thousand dollars or imprisoned not more than six
months or both for each offense if the total
amount of all unpaid wages owed to an employee is
more than five hundred but not more than one
thousand dollars; or (4) fined not less than [two]
FOUR hundred nor more than [five hundred] ONE
THOUSAND dollars or imprisoned not more than three
months or both for each offense if the total
amount of all unpaid wages owed to an employee is
five hundred dollars or less.
(c) Any employer, his officer or agent, or the
officer or agent of any corporation, firm or
partnership, who fails to keep the records
required under this part or by regulation made in
accordance with this part or to furnish such
records to the commissioner or any authorized
representative of the commissioner, upon request,
or who refuses to admit the commissioner or his
authorized representative to his place of
employment or who hinders or delays the
commissioner or his authorized representative in
the performance of his duties in the enforcement
of this part shall be fined not less than
[twenty-five] FIFTY dollars nor more than [one]
TWO hundred dollars, and each day of such failure
to keep the records required under this part or to
furnish the same to the commissioner or any
authorized representative of the commissioner
shall constitute a separate offense, and each day
of refusal to admit or of hindering or delaying
the commissioner or his authorized representative
shall constitute a separate offense.
(d) Nothing in this part shall be deemed to
interfere with, impede or in any way diminish the
right of employees to bargain collectively with
their employers through representatives of their
own choosing in order to establish wages or
conditions of work in excess of the applicable
minimum under this part.
Sec. 19. 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, any employer,
officer, agent or other person who violates any
provision of part III of chapter 557 or this
chapter, or both, shall be liable to the Labor
Department for a civil penalty of [one hundred
fifty] THREE HUNDRED dollars for each violation of
said chapters. 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.
Sec. 20. Section 31-76 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The Labor Commissioner shall carry out the
provisions of section 31-75 either upon complaint
or upon his own motion. For this purpose, the
commissioner, or his authorized representative,
may enter places of employment, inspect payrolls,
investigate work and operations on which employees
are engaged, question employees and take such
action as is reasonably necessary to determine
compliance with section 31-75. Any employer who
violates the provisions of section 31-75 shall be
liable to the employee or the employees affected
for the difference between the amount of wages
paid and the maximum wage paid any other employee
for equal work. Action to recover such difference
may be maintained in any court of competent
jurisdiction by any one or more employees. Any
agreement to work for less than the wage to which
such employee is entitled under section 31-75
shall not be a defense to such action. At the
request of any employee who has received less than
the wage to which he is entitled under section
31-75, the commissioner may take an assignment of
such wage claim in trust and may bring any legal
action necessary to collect such claim. If
judgment is rendered against an employer in any
civil action brought to collect wages under the
provisions of this section, the employer shall be
required to pay the taxable costs and such
reasonable attorney's fees as may be allowed by
the court. No action shall be brought or any
prosecution instituted for any violation of
section 31-75 unless within one year after the
commission of the act complained of. Any person
who violates section 31-75 or any employer who
discriminates in any manner against any employee
because such employee has filed a complaint or
taken any other action as herein provided shall,
upon conviction, be fined for each violation not
more than [one] TWO hundred dollars.
Sec. 21. (NEW) Notwithstanding any other
provision of the general statutes, if the Labor
Commissioner imposes a fine or civil penalty under
the provisions of section 31-15, as amended by
section 7 of this act, 31-16, as amended by
section 8 of this act, 31-18, as amended by
section 9 of this act, 31-23, as amended by
section 10 of this act, 31-24, as amended by
section 11 of this act, 31-25, as amended by
section 12 of this act, 31-52, as amended by
section 13 of this act, 31-53, as amended by
section 14 of this act, 31-54, as amended by
section 17 of this act, 31-69, as amended by
section 18 of this act, 31-69a, as amended by
section 19 of this act, 31-76, as amended by
section 20 of this act, or 31-76a of the general
statutes, as a result of a violation initially
reported by a municipal official, the commissioner
shall, within thirty days after collecting such
fine or penalty, remit one-half of the amount
collected to such municipality.
Approved June 26, 1997