PA 08-75—sSB 366

Labor and Public Employees Committee

Judiciary Committee

AN ACT CONCERNING TECHNICAL CORRECTIONS TO CHILD LABOR LAWS

SUMMARY: This act subjects violators of the employment regulation statutes (Chapter 557) to the same $300 civil penalty, for each violation, to which violators of the state's wage laws (Chapter 558) and workers' compensation laws (Chapter 568) are subject. The civil penalty is in addition to any specific penalty that applies to a violation of a specific employment regulation law. The act does not change the $600 civil penalty for violations of child labor laws (Chapters 557 and 558).

EFFECTIVE DATE: October 1, 2008

EMPLOYMENT REGULATION, CHAPTER 557

Under the employment regulation statutes and unchanged by the act, an employer can be penalized for violating a number of specific statutes. The act makes violators liable to the Labor Department for a civil penalty of $300 per violation in addition to the specific penalties in the specific statutes.

Some of the existing penalties for specific employment regulation statutes are shown in the table below.

Table 1: Employment Regulation Statute Violations

Statute

Violation

Penalty

Notice requirements for employers using carcinogens (CGS 31-40c, 31-40f)

Failure to provide notification of, or training related to, carcinogens in the workplace

Up to $1,000 per violation

Recruitment or referral of professional strikebreaker restricted (CGS 31-48a)

Recruiting or using professional strikebreakers

$100 to $1,000 fine, prison for up to three years, or both

Use of polygraph prohibited, with exceptions (CGS 31-51g)

Improper use of polygraph in hiring and other employment decisions

$250 to $1,000 per violation

Protection of employees who disclose employers' illegal activities (CGS 31-51m)

Employer retribution (discharge or discipline) against an employee who reports a violation or suspected violation of state or federal law

Job reinstatement, back pay, back benefits, and reasonable attorney's fees

Employee drug testing permitted if specific requirements are met (CGS 31-51u to 31-51aa)

Unauthorized drug testing, improper use of testing results

Civil action with potential liability for special and general damages and attorney's fees

Family and Medical Leave Act (CGS 31-51kk to 31-51qq)

Employer who discharges or disciplines an employee who uses or seeks to use family and medical leave

Job reinstatement, back pay, back benefits, and reasonable attorney's fees

OLR Tracking: JM: KM: CR: ts