Conn. Gen. Stat. § 31-298 — Connecticut Code / Title 31 / Chapter 568 / Section 31-298
Sec. 31-298. Conduct of hearings.
Status: in_force

See Sec. 52-260 re witness fees.

Admissions by insurance adjuster may be accepted by commissioner. 93 C. 295. Conduct of hearing. 94 C. 9. Burden of proof is on claimant; but may be sustained by reasonable inferences as well as by direct testimony. 95 C. 43. Declarations by decedent. 98 C. 649. Procedure simple and without pleadings. 106 C. 9. Conclusions reached by superintendent at an immediate investigation. Id., 252. Claimant held not to have had an adequate hearing. 107 C. 457. Evidence which commissioner may accept; findings, to be open to attack, must be unreasonable to justify judicial interference. 109 C. 62. Cited. 114 C. 29. Commissioner not bound by rules of evidence. 116 C. 297; 122 C. 360; 133 C. 667. Evidence that workers in other factories under substantially same conditions do not contract disease is admissible. 118 C. 29. Commissioner judge when conflicting medical testimony presented. 123 C. 405; 130 C. 455; 131 C. 484. Evidence as to extent of incapacity from susceptibility to dermatitis necessary to finding of commissioner. 125 C. 140. Commissioner judge of fact. 128 C. 621. Burden of proof rests on claimant. 130 C. 1. Cited. 132 C. 172; 135 C. 504; 136 C. 345. Commissioner not bound by rules of evidence. 138 C. 53. While finding or conclusion of commissioner based on conflicting medical opinions cannot be disturbed, such finding cannot be based on incompetent medical testimony to which objection was seasonably made. 149 C. 118. Opinion of physician based wholly or partly on statements and symptoms related to him by patient on personal examination is inadmissible where examination was made for purpose of qualifying physician to testify as medical expert. Id., 119. Cited. 159 C. 302; 165 C. 338; 199 C. 667; 213 C. 54; 226 C. 508; 237 C. 1. Section addresses the conduct of hearings; does not provide commissioner with any specific jurisdiction over particular types of claims or questions. 248 C. 754. Commissioner has authority to dismiss claim without a hearing on the merits in an appropriate case. 254 C. 60. A commissioner, in managing complex multiparty cases, has the authority under section to dismiss a claim provisionally, and then if necessary, reinstate the dismissed party into the proceedings prior to a final determination of the compensability of the claim and the apportionment of any liability under Sec. 31-299b. 323 C. 720.

Cited. 29 CA 249; 40 CA 278. Commissioners not bound by Daubert standard in determining whether to admit scientific testimony; establishing formal requirements for admissibility of scientific testimony in workers' compensation cases is contrary to spirit of statute. 48 CA 774. Equitable requirements of section do not apply to scheduling of hearings and notice to parties, matters that are specifically addressed in Sec. 31-297. 66 CA 332.

Cited. 38 CS 331.
Conn. Gen. Stat. § 31-73 — Connecticut Code / Title 31 / Chapter 558 / Section 31-73
Sec. 31-73. Refund of wages for furnishing employment.
Status: in_force

(b) No employer, contractor, subcontractor, foreman, superintendent or supervisor of labor, acting by himself or by his agent, shall, directly or indirectly, demand, request, receive or exact any refund of wages, fee, sum of money or contribution from any person, or deduct any part of the wages agreed to be paid, upon the representation or the understanding that such refund of wages, fee, sum of money, contribution or deduction is necessary to secure employment or continue in employment. No such person shall require, request or demand that any person agree to make payment of any refund of wages, fee, contribution or deduction from wages in order to obtain employment or continue in employment. A payment to any person of a smaller amount of wages than the wage set forth in any written wage agreement or the repayment of any part of any wages received, if such repayment is not made in the payment of a debt evidenced by an instrument in writing, shall be prima facie evidence of a violation of this section.

(c) The provisions of this section shall not apply to any deductions from wages made in accordance with the provisions of any law, or of any rule or regulation made by any governmental agency.

(d) Any person who violates any provision of this section shall be fined not more than one hundred dollars or imprisoned not more than thirty days for the first offense, and, for each subsequent offense, shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

Cited. 37 CA 85.

Subsec. (b):

Formula for calculating salesperson's commissions did not violate prohibition against employer deducting money from employees' wages. 260 C. 152. “Sum of money” may include earnings other than money, whether source is related or unrelated to employment relationship at issue; “representation or . . . understanding” encompasses expressed representations and mutual understandings as well as implicit representations by, and unilateral understandings of, employer and need not be explicitly communicated to employee; employer may have unilateral understanding that employee's acquiescence to demand or request for sum of money is necessary to continue employment. 346 C. 360.

Any request or demand of money made by an employer concerning funds that cannot reasonably be attributed to the existing employment relationship but, rather, involving negotiations related to a separate, albeit related, future business venture between the parties, occurring in the context of an existing employer-employee relationship is not enough to bring an action within the ambit of those that are prohibited under section. 206 CA 412; judgment reversed, see 346 C. 360.
Conn. Gen. Stat. § 31-306 — Connecticut Code / Title 31 / Chapter 568 / Section 31-306
Sec. 31-306. Death resulting from accident or occupational disease. Dependents. Compensation.
Status: in_force

(1) Four thousand dollars shall be paid for burial expenses in any case in which the employee died on or after October 1, 1988, and before June 23, 2021, and twelve thousand dollars shall be paid for burial expenses in any case in which the employee died on or after June 23, 2021. On January 1, 2022, and not later than each January first thereafter, the compensation for burial benefits shall be adjusted by the percentage increase between the last complete calendar year and the previous calendar year in the consumer price index for urban wage earners and clerical workers in the northeast, with no seasonal adjustment, as calculated by the United States Department of Labor's Bureau of Labor Statistics. If there is no one wholly or partially dependent upon the deceased employee, the burial expenses shall be paid to the person who assumes the responsibility of paying the funeral expenses.

(2) To those wholly dependent upon the deceased employee at the date of the deceased employee's injury, a weekly compensation equal to seventy-five per cent of the average weekly earnings of the deceased calculated pursuant to section 31-310 , after such earnings have been reduced by any deduction for federal or state taxes, or both, and for the federal Insurance Contributions Act made from such employee's total wages received during the period of calculation of the employee's average weekly wage pursuant to said section 31-310 , as of the date of the injury but not more than the maximum weekly compensation rate set forth in section 31-309 for the year in which the injury occurred or less than twenty dollars weekly. (A) The weekly compensation rate of each dependent entitled to receive compensation under this section as a result of death arising from a compensable injury occurring on or after October 1, 1977, shall be adjusted annually as provided in this subdivision as of the following October first, and each subsequent October first, to provide the dependent with a cost-of-living adjustment in the dependent's weekly compensation rate as determined as of the date of the injury under section 31-309 . If the maximum weekly compensation rate, as determined under the provisions of said section 31-309 , to be effective as of any October first following the date of the injury, is greater than the maximum weekly compensation rate prevailing at the date of the injury, the weekly compensation rate which the injured employee was entitled to receive at the date of the injury or October 1, 1990, whichever is later, shall be increased by the percentage of the increase in the maximum weekly compensation rate required by the provisions of said section 31-309 from the date of the injury or October 1, 1990, whichever is later, to such October first. The cost-of-living increases provided under this subdivision shall be paid by the employer without any order or award from the administrative law judge. The adjustments shall apply to each payment made in the next succeeding twelve-month period commencing with the October first next succeeding the date of the injury. With respect to any dependent receiving benefits on October 1, 1997, with respect to any injury occurring on or after July 1, 1993, and before October 1, 1997, such benefit shall be recalculated to October 1, 1997, as if such benefits had been subject to recalculation annually under this subparagraph. The difference between the amount of any benefits that would have been paid to such dependent if such benefits had been subject to such recalculation and the actual amount of benefits paid during the period between such injury and such recalculation shall be paid to the dependent not later than December 1, 1997, in a lump-sum payment. The employer or its insurer shall be reimbursed by the Second Injury Fund, as provided in section 31-354 , for adjustments, including lump-sum payments, payable under this subparagraph for deaths from compensable injuries occurring on or after July 1, 1993, and before October 1, 1997, upon presentation of any vouchers and information that the Treasurer shall require. No claim for payment of retroactive benefits may be made to the Second Injury Fund more than two years after the date on which the employer or its insurer paid such benefits in accordance with this subparagraph. (B) The weekly compensation rate of each dependent entitled to receive compensation under this section as a result of death arising from a compensable injury occurring on or before September 30, 1977, shall be adjusted as of October 1, 1977, and October 1, 1980, and thereafter, as provided in this subdivision to provide the dependent with partial cost-of-living adjustments in the dependent's weekly compensation rate. As of October 1, 1977, the weekly compensation rate paid prior to October 1, 1977, to the dependent shall be increased by twenty-five per cent. The partial cost-of-living adjustment provided under this subdivision shall be paid by the employer without any order or award from the administrative law judge. In addition, on each October first, the weekly compensation rate of each dependent as of October 1, 1990, shall be increased by the percentage of the increase in the maximum compensation rate over the maximum compensation rate of October 1, 1990, as determined under the provisions of section 31-309 existing on October 1, 1977. The cost of the adjustments shall be paid by the employer or its insurance carrier who shall be reimbursed for such cost from the Second Injury Fund as provided in section 31-354 upon presentation of any vouchers and information that the Treasurer shall require. No claim for payment of retroactive benefits may be made to the Second Injury Fund more than two years after the date on which the employer or its insurance carrier paid such benefits in accordance with this subparagraph.

(3) If the surviving spouse is the sole presumptive dependent, compensation shall be paid until death or remarriage.

(4) If there is a presumptive dependent spouse surviving and also one or more presumptive dependent children, all of which children are either children of the surviving spouse or are living with the surviving spouse, the entire compensation shall be paid to the surviving spouse in the same manner and for the same period as if the surviving spouse were the sole dependent. If, however, any of the presumptive dependent children are neither children of the surviving spouse nor living with the surviving spouse, the compensation shall be divided into as many parts as there are presumptive dependents. The shares of any children having a presumptive dependent parent shall be added to the share of the parent and shall be paid to the parent. The share of any dependent child not having a surviving dependent parent shall be paid to the father or mother of the child with whom the child may be living, or to the legal guardian of the child, or to any other person, for the benefit of the child, as the administrative law judge may direct.

(5) If the compensation being paid to the surviving presumptive dependent spouse terminates for any reason, or if there is no surviving presumptive dependent spouse at the time of the death of the employee, but there is at either time one or more presumptive dependent children, the compensation shall be paid to the children as a class, each child sharing equally with the others. Each child shall receive compensation until the child reaches the age of eighteen or dies before reaching age eighteen, provided the child shall continue to receive compensation up to the attainment of the age of twenty-two if unmarried and a full-time student, except any child who has attained the age of twenty-two while a full-time student but has not completed the requirements for, or received, a degree from a postsecondary educational institution shall be deemed not to have attained age twenty-two until the first day of the first month following the end of the quarter or semester in which the child is enrolled at the time, or if the child is not enrolled in a quarter or semester system, until the first day of the first month following the completion of the course in which the child is enrolled or until the first day of the third month beginning after such time, whichever occurs first. When a child's participation ceases, such child's share shall be divided among the remaining eligible dependent children, provided if any child, when the child reaches the age of eighteen years, is physically or mentally incapacitated from earning, the child's right to compensation shall not terminate but shall continue for the full period of incapacity.

(6) In all cases where there are no presumptive dependents, but where there are one or more persons wholly dependent in fact, the compensation in case of death shall be divided according to the relative degree of their dependence. Compensation payable under this subdivision shall be paid for not more than three hundred and twelve weeks from the date of the death of the employee. The compensation, if paid to those wholly dependent in fact, shall be paid at the full compensation rate. The compensation, if paid to those partially dependent in fact upon the deceased employee as of the date of the injury, shall not, in total, be more than the full compensation rate nor less than twenty dollars weekly, nor, if the average weekly sum contributed by the deceased at the date of the injury to those partially dependent in fact is more than twenty dollars weekly, not more than the sum so contributed.

(7) When the sole presumptive dependents are, at the time of the injury, nonresident aliens and the deceased has in this state some person or persons who are dependent in fact, the administrative law judge may in the administrative law judge's discretion equitably apportion the sums payable as compensation to the dependents.

(b) The dependents of any deceased employee who was injured on or after January 1, 1974, and who subsequently dies shall be paid compensation on account of the death retroactively to the date of the employee's death. The cost of the payment or adjustment shall be paid by the employer or its insurance carrier who shall be reimbursed for such cost from the Second Injury Fund as provided in section 31-354 upon presentation of any vouchers and information that the Treasurer shall require.

(c) (1) The dependents of any deceased employee who was injured between January 1, 1952, and December 31, 1973, and who subsequently dies, shall be paid compensation on account of the death retroactively to the date of the employee's death. The cost of the payment or adjustment shall be paid by the employer or its insurance carrier who shall be reimbursed for such cost from the Second Injury Fund as provided in section 31-354 upon presentation of any vouchers and information that the Treasurer shall require. No claim for payment of retroactive benefits may be made to the Second Injury Fund more than two years after the date on which the employer or its insurance carrier paid such benefits in accordance with this subdivision.

(2) The dependents of any deceased employee who was injured before January 1, 1952, and who died on or before October 1, 1991, shall be paid compensation on account of the death retroactively to the date of the employee's death. The cost of the payment or adjustment shall be paid by the employer or its insurance carrier who shall be reimbursed for such cost from the Second Injury Fund as provided in section 31-354 upon presentation of any vouchers and information that the Treasurer shall require. No claim for payment of retroactive benefits may be made to the Second Injury Fund more than two years after the date on which the employer or its insurance carrier paid such benefits in accordance with this subdivision.

(d) The dependents of any deceased employee who was injured in an accident arising out of and in the course of employment before January 1, 1952, and who died, as a result of those injuries, after October 1, 1991, shall be paid compensation, under the provisions of this section, effective as of the date of death of any such employee. Notwithstanding the provisions of subsection (a) of this section, the weekly compensation rate for such dependents shall equal the amount of compensation the injured employee was receiving prior to death pursuant to section 31-307 . Such weekly compensation rate shall hereafter be adjusted in accordance with the provisions of subsection (a) of this section. The cost of such payment or adjustment shall be paid by the employer or the insurance carrier of such employer who shall be reimbursed for such cost from the Second Injury Fund provided for in section 31-354 . No claim for payment of retroactive benefits may be made to the Second Injury Fund more than two years after the date on which the employer or its insurance carrier paid such benefits in accordance with this subsection.

Status of dependent in fact involves three factual elements: (1) Reliance on contributions of decedent for necessary living expenses, (2) a reasonable expectation that the contributions will continue, (3) an absence of sufficient means at hand for meeting these expenses; the first two are fixed at the time of injury and consequently the measure of dependence in Sec. 31-315 can change from that existing at the time of the injury only if there is a subsequent change in the financial resources of the claimant. 152 C. 481. Where commissioner found claimant was partial dependent at time of injury but subsequently received sufficient funds from other sources to supply her present necessities, commissioner correctly concluded that, although claimant was dependent in fact at time of injury, her “measure of dependence” had changed before the time of the hearing and consequently defendants were relieved from paying compensation to her unless and until she showed a further change in circumstances; an award to a dependent in fact as well as to a presumptive dependent is an award of compensation and subject to modification under Sec. 31-315. Id., 481, 482. Question of dependency is one of fact not subject to review unless ascertained through an illegal standard or based on no evidence. 156 C. 245. Cited. 187 C. 53; 206 C. 242; 207 C. 665; 208 C. 576. Elimination of waiting period not accorded retroactive application. 209 C. 219. Cited. 213 C. 54. Concurrent payment of benefits for death caused by heart disease under this section and benefits for permanent partial impairment of one's heart under Sec. 31-308(d) is prohibited. 217 C. 50. Cited. 219 C. 28; 223 C. 336; 224 C. 382; 229 C. 587; 232 C. 311. Employee, in settling claim, has the authority to compromise the compensation rights of dependents and a clear and unequivocal expression of intent to do so by the employee will bar a claim under section. 239 C. 19. Health insurance coverage is not considered “compensation”, and employer is not required to provide health insurance coverage to surviving dependent of deceased employee. 285 C. 778.

Cited. 3 CA 162; 21 CA 63; 32 CA 595; 34 CA 307; 37 CA 835; 38 CA 73; Id., 754; 43 CA 737; 44 CA 112. Testimony of even the most persuasive expert witness cannot be credited if it is not based on facts, and therefore decision of board affirming commissioner's award of benefits to widow reversed because there were insufficient subordinate facts to support medical witness's opinion that decedent's death was causally related to the compensable injury or to remove the cause of death from the realm of conjecture. 99 CA 336.

Subsec. (a):

Cited. 206 C. 242. Subdiv. (2)(A) does not require Second Injury Fund to reimburse municipal employer for cost-of-living adjustments paid in connection with a claim for benefits under Heart and Hypertension Act in Sec. 7-433c, which benefits are special compensation and are not workers compensation benefits for purposes of reimbursement, and such a result does not deny employers a protected property interest without due process of law. 269 C. 763. Subdiv. (4): Superseding cause doctrine applies under Workers' Compensation Act, and board properly found that superseding events broke chain of proximate causation between decedent's compensable work injuries and his death. 305 C. 360.

Subdiv. (2)(A): Formula devised in 239 C. 676 for calculating cost of living increases to total disability benefits also applies to calculation of cost of living increases to survivors' benefits under Subdiv. from October 1, 1995, through June 30, 1998. 63 CA 370. Subdiv. (4): Decedent's death, which resulted from an accidental overdose of medication, is not compensable under section because there was no evidence to establish that decedent's depression and subsequent prescription for the medication which caused the overdose were related to his compensable injuries. 123 CA 18; judgment affirmed on alternate grounds, see 305 C. 360. Where decedent was a truck driver who was paid for his work, in material part, on the basis of the miles he drove for his employer, commissioner could not reasonably determine the significance of the state's relationship to or interest in that employment relationship as it relates to dependent benefits under Subsec. without making findings as to and considering the miles decedent drove to, through and back from the state in performing his assigned work; decision re dependent benefits under Subsec. may not be based on facts that are demonstrably irrelevant to the issue of whether the state had a sufficiently significant relationship with decedent's employment relationship with defendant. 145 CA 805.
Conn. Gen. Stat. § 31-76c — Connecticut Code / Title 31 / Chapter 558 / Section 31-76c
Sec. 31-76c. Length of workweek.
Status: in_force

Scope of federal preemption discussed and determined. 164 C. 233. Cited. 219 C. 520; 223 C. 573. Section does not prohibit use of the fluctuating method to derive an employee's regular rate, with the sole exception of certain delivery drivers and sales merchandisers. 326 C. 651.

Cited. 16 CA 437.
Conn. Gen. Stat. § 31-57r — Connecticut Code / Title 31 / Chapter 557 / Section 31-57r
Sec. 31-57r. Definitions.
Status: in_force

(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) by 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.
Conn. Gen. Stat. § 31-3uu — Connecticut Code / Title 31 / Chapter 556 / Section 31-3uu
Sec. 31-3uu. Unemployed Armed Forces Member Subsidized Training and Employment program.
Status: in_force

(1) “Department” means the Labor Department;

(2) “Eligible business” means a business that (A) has operations in Connecticut, (B) has been registered to conduct business for not less than twelve months, and (C) is in good standing with the payment of all state and local taxes. “Eligible business” does not include the state or any political subdivision thereof;

(3) “Control”, with respect to a corporation, means ownership, directly or indirectly, of stock possessing fifty per cent or more of the total combined voting power of all classes of the stock of such corporation entitled to vote. “Control”, with respect to a trust, means ownership, directly or indirectly, of fifty per cent or more of the beneficial interest in the principal or income of such trust. The ownership of stock in a corporation, of a capital or profits interest in a partnership, limited liability company or association or of a beneficial interest in a trust shall be determined in accordance with the rules for constructive ownership of stock provided in Section 267(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, other than paragraph (3) of said Section 267(c);

(4) “Related person” means (A) a corporation, limited liability company, partnership, association or trust controlled by an eligible business, (B) an individual, corporation, limited liability company, partnership, association or trust that is in control of an eligible business, (C) a corporation, limited liability company, partnership, association or trust controlled by an individual, corporation, limited liability company, partnership, association or trust that is in control of an eligible business, or (D) a member of the same controlled group as an eligible business;

(5) “New employee” means a person who (A) was unemployed prior to employment with an eligible business, regardless of whether such person collected unemployment compensation benefits as a result of such unemployment, and (B) was a member of the armed forces and was honorably discharged after not less than ninety days of service, unless such person was separated from service earlier because of a service-connected disability rated by the United States Department of Veterans Affairs. “New employee” does not include a person who was employed in this state by a related person of such eligible business during any of the twelve months prior to employment with the eligible business;

(6) “On-the-job training” means training provided by an eligible business on such business' premise; and

(7) “Armed forces” means the United States Army, Navy, Marine Corps, Coast Guard, Air Force and Space Force and any reserve component thereof, including a state National Guard performing duty as provided in Title 32 of the United States Code.

(b) (1) There is established within the Labor Department an Unemployed Armed Forces Member Subsidized Training and Employment program for eligible businesses. Said program shall provide grants to eligible businesses to subsidize, for the first one hundred eighty calendar days after a new employee is hired, part of the cost of on-the-job training and compensation for such new employee, in accordance with subsection (c) of this section. No business receiving a grant under this section with respect to a new employee may receive a second grant under this section or a grant under section 31-3pp with respect to the same new employee.

(2) At the discretion of the Labor Commissioner, the department may use up to four per cent of any funds allocated pursuant to section 31-3vv for the purpose of retaining outside consultants or the Workforce Investment Boards to operate the Unemployed Armed Forces Member Subsidized Training and Employment program, and to provide transportation to and from the workplace, if needed, for an employee for whom a grant was awarded under subsection (c) of this section.

(3) The department shall monitor, in a manner prescribed by the commissioner, such outside consultants or Workforce Investment Boards that operate the Unemployed Armed Forces Member Subsidized Training and Employment program. At the discretion of the Labor Commissioner, the department may use up to one per cent of any funds allocated pursuant to section 31-3vv in any fiscal year for the purpose of the marketing and operation of the Unemployed Armed Forces Member Subsidized Training and Employment program, and the monitoring of the outside consultants or Workforce Investment Boards retained pursuant to subdivision (2) of this subsection.

(c) (1) An eligible business may apply to the department for a grant to subsidize on-the-job training and compensation for a new employee hired by such business. The Labor Commissioner, or said commissioner's designee, shall review and approve such business' description of the proposed on-the-job training as part of the grant application. No eligible business shall be eligible for a grant under this section for a new employee if such new employee is hired to replace a worker who (A) is currently employed by such eligible business, or (B) was terminated by such eligible business, unless such eligible business demonstrates just cause for such replacement or termination, if applicable.

(2) A grant awarded to an eligible business pursuant to this subsection shall be in the following amount: (A) For the first thirty calendar days a new employee is employed, one hundred per cent of the wage of such new employee, exclusive of any benefits, not to exceed twenty dollars per hour; (B) for the thirty-first to ninetieth, inclusive, calendar days, seventy-five per cent of such amount; (C) for the ninety-first to one hundred fiftieth, inclusive, calendar days, fifty per cent of such amount; and (D) for the one hundred fifty-first to one hundred eightieth, inclusive, calendar days, twenty-five per cent of such amount. A grant shall be cancelled as of the date the new employee leaves employment with the eligible business.

(d) In every fiscal year that eligible businesses are awarded unemployed armed forces member subsidized training and employment program grants pursuant to this section, the Labor Commissioner shall provide a report not later than October first of such fiscal year, in accordance with the provisions of section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, appropriations, commerce, veterans and labor. Said report shall include available data, for the fiscal year preceding such report, on (1) the number of businesses that participated in the Unemployed Armed Forces Member Subsidized Training and Employment program established pursuant to subsection (b) of this section, and the general categories of such businesses, and (2) the number of individuals that received employment under said program.

(e) The Labor Commissioner may adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of this section.
Conn. Gen. Stat. § 31-308a — Connecticut Code / Title 31 / Chapter 568 / Section 31-308a
Sec. 31-308a. Additional benefits for partial permanent disability.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, additional benefits provided under this section shall be available only when the nature of the injury and its effect on the earning capacity of an employee warrant additional compensation.

Cited. 223 C. 376; 231 C. 287; 237 C. 71. It appears that in calculating benefits, legislature was not concerned with a broad all-inclusive definition of “earnings”, but intended the formula to reflect the difference between actual wages claimant had earned from his employer before his injury and wages claimant would be able to earn after his injury. 270 C. 1. Because legislature has explicitly provided for an offset mechanism under either Sec. 5-169(g), which governs Tier I retirees, or Sec. 5-192p(d), which governs Tier II retirees, benefits awarded under this section need not be offset by claimant's receipt of state disability retirement benefits. Id., 32. When a prior disability is a substantial cause of the loss of earning capacity after a second disability, commissioner may consider both disability awards in determining entitlement to and duration of awards pursuant to section. 283 C. 257.

Cited. 40 CA 562; 42 CA 147. Statute does not specifically require claimant to seek employment to qualify for a discretionary award of benefits. 54 CA 289. Court accepts established policy of board and declines to adopt the “whole man” theory. Id., 296. Exclusion of regular retirement pension and Social Security benefits from calculation of award of additional benefits under statute proper and not violative of public policy by allowing double recovery. 82 CA 505.

Subsec. (a):

Use of word “are” evinces legislature's intent that claimant must presently fulfill “willing and able” requirement to receive benefits. 72 CA 611.

Subsec. (b):

Expressly restricts commissioner's authority to compensate even those employees who meet criteria in Subsec. (a). 72 CA 611. A specific medical assessment is not necessary under Subsec. to demonstrate reduced earning capacity and, in present case, there was sufficient evidence to support claim of diminution of earning capacity. 108 CA 370.
Conn. Gen. Stat. § 31-49 — Connecticut Code / Title 31 / Chapter 557 / Section 31-49
Sec. 31-49. Care required of a master for his servant's safety.
Status: in_force

Cited. 80 C. 205; 143 C. 197. No basis for action under statute where case is clearly within scope of Workers' Compensation Act. 196 C. 529. Cited. 243 C. 66. Employer's refusal to accommodate employee's work-at-home request did not create an unlawful working condition under section. 249 C. 766.
Conn. Gen. Stat. § 31-40l — Connecticut Code / Title 31 / Chapter 557 / Section 31-40l
Sec. 31-40l. Information requirements for employer using or producing toxic substances.
Status: in_force

(b) Upon distribution of information to an employee under the provisions of subsection (a) of this section or subsection (c) of section 31-40k , the employer may require the employee to sign a statement acknowledging receipt of such information.
Conn. Gen. Stat. § 31-49h — Connecticut Code / Title 31 / Chapter 557 / Section 31-49h
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.
Status: in_force

(1) Adopting an annual budget and plan of operations, including a requirement of board approval before such budget or plan may take effect;

(2) Adopting bylaws for the regulation of the affairs of the board and the conduct of its business;

(3) Hiring, dismissing, promoting and compensating employees of the authority and instituting an affirmative action policy;

(4) Acquiring real and personal property and personal services, including requiring board approval for any nonbudgeted expenditure in excess of five thousand dollars;

(5) Contracting for financial, legal and other professional services, and requiring that the authority solicit proposals not less than every three years for each such service used by the board;

(6) Using surplus funds to the extent authorized under sections 31-49f to 31-49t , inclusive, or any other provisions of the general statutes;

(7) Establishing an administrative process by which grievances, complaints and appeals regarding employment at the authority are reviewed and addressed by the board; and

(8) Implementing the provisions of sections 31-49e to 31-49t , inclusive, or other provisions of the general statutes, as appropriate.

(b) The Paid Family and Medical Leave Authority may:

(1) Adopt an official seal and alter the same at the pleasure of the board;

(2) Maintain an office at such place or places in the state as the board may designate;

(3) Sue and be sued, and plea and be impleaded, in its own name;

(4) Establish criteria and guidelines for the Paid Family and Medical Leave Insurance Program to be offered pursuant to this section, sections 31-49f and 31-49g and sections 31-49i to 31-49t , inclusive;

(5) Employ staff, agents and contractors as may be necessary or desirable and fix the compensation of such persons;

(6) Design, establish and operate the program to ensure transparency in the management of the program through oversight and ethics review of plan fiduciaries;

(7) Design and establish a process by which employees and self-employed individuals or sole proprietors who have enrolled in the program pursuant to section 31-49m shall contribute a portion of their subject earnings to the trust;

(8) Evaluate and establish a process by which employers may credit employee contributions to the trust through payroll deposit;

(9) Ensure that contributions to the trust collected from employees and self-employed individuals or sole proprietors who have enrolled in the program pursuant to section 31-49m shall not be used for any purpose other than providing compensation to covered employees, educating and informing persons about the program and paying the operational, administrative and investment costs of the program;

(10) Establish and maintain a secure Internet web site that displays all public notices issued by the authority and such other information as the authority deems relevant and necessary for the implementation of the program and for the education of the public regarding the program;

(11) Establish policies, or written procedures in accordance with the provisions of section 1-121 , as appropriate, including, but not limited to, policies or procedures:

(A) Establishing a process to determine whether an individual meets the requirements for compensation under this section, including the certification required for establishing eligibility for such compensation;

(B) Establishing methods by which any books, records, documents, contracts or other papers relevant to the eligibility of a covered employee shall be examined, or caused to be produced or examined;

(C) Establishing methods by which witnesses who provide information relevant to a covered employee's claim for family and medical leave compensation may be summoned and examined under oath;

(D) Ensuring the confidentiality of records and documents relating to medical certifications, recertifications and medical histories of covered employees and covered employees' family members pursuant to section 31-51oo ;

(E) Establishing the percentage of subject earnings each employee and self-employed individuals or sole proprietors who have enrolled in the program pursuant to section 31-49m shall contribute to the Family and Medical Leave Insurance Trust Fund, provided such percentage shall not exceed one-half of one per cent;

(F) Certifying the ongoing solvency of the Family and Medical Leave Insurance Trust Fund and adjusting the compensation offered to covered employees as necessary to ensure the solvency of the fund as provided in subdivision (3) of subsection (c) of section 31-49g , provided the contribution percentage established by the Authority pursuant to subdivision (5) of this section has reached the statutory maximum; and

(G) Determining whether an employer meets the requirements for the administration of a private plan, including the approval, oversight and termination of such private plan, and developing any potential alternate measure of subject earnings for the purposes of calculating compensation under such plans;

(12) Notwithstanding any provision of the general statutes, and to the extent consistent with federal law, (A) use state administrative data collected by any agency for the purposes of carrying out and implementing such program, including, but not limited to, eligibility determination, benefit calculation, program planning, recipient outreach and continuous improvement and program evaluation, including assessment of longitudinal impact; and (B) share user data and other data collected through program administration with other state agencies for purposes, including, but not limited to, improving delivery of benefits and services to program participants and other persons, streamlining eligibility determination for programs administered by other agencies, recipient outreach and continuous improvement and program evaluation, including assessment of longitudinal impact. Expenses incurred for activities undertaken pursuant to this subdivision, as well as compensation paid to other state agencies for any associated costs, shall be considered appropriate administrative expenses of the program.

(13) Enter into agreements with any department, agency, office or instrumentality of the United States or this state to carry out the purposes of the program, including, but not limited to:

(A) Memoranda of understanding with the Labor Department and other state agencies regarding (i) the gathering or dissemination of information necessary for the operations of the program, subject to such obligations of confidentiality as may be agreed or required by law, (ii) the sharing of costs incurred pursuant to the gathering and dissemination of such information, and (iii) the reimbursement of costs for any enforcement activities conducted pursuant to section 31-49r . Each state agency may also enter into such memoranda of understanding;

(B) Memoranda of understanding with the Department of Revenue Services and the Labor Department for (i) the collection of employee contributions, and (ii) the reimbursement of costs by the authority for any costs incurred related to the collection of employee contributions. The Department of Revenue Services and the Labor Department shall also enter into such memoranda of understanding; and

(C) Memoranda of understanding with the Labor Department for (i) the adjudication of claims by covered employees aggrieved by a denial of compensation under the Family and Medical Leave Insurance Program, and (ii) the reimbursement of costs by the authority for any costs incurred by the Labor Department related to the adjudication of contested claims or penalties imposed pursuant to section 31-49r . The Labor Department shall also enter into such memoranda of understanding.

(14) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers. The contracts and agreements entered into by the authority shall not be subject to the approval of any other state department, office or agency, provided copies of all such contracts shall be maintained by the authority as public records, subject to the proprietary rights of any party to such contracts. No contract shall contain any provision in which any contractor derives any direct or indirect economic benefit from denying or otherwise influencing the outcome of any claim for benefits. The standard criteria for the evaluation of proposals relating to claims processing, web site development, database development, marketing and advertising, in the event the authority seeks the services of an outside contractor for such tasks, and for the evaluation of proposals relating to all other contracts in amounts equal to or exceeding two hundred fifty thousand dollars shall include, but need not be limited to: (A) Transparency, (B) cost, (C) efficiency of operations, (D) quality of work related to the contracts issued, (E) user experience, (F) accountability, and (G) a cost-benefit analysis documenting the direct and indirect costs of such contracts, including qualitative and quantitative benefits that will result from the implementation of such contracts. The establishment of additional standard criteria shall be approved by a two-thirds vote of the board after such criteria have been posted on a public Internet web site maintained by the authority for notice and comment for at least one week prior to such vote.

(15) Do all things necessary or convenient to carry out the provisions of sections 31-49e to 31-49t , inclusive.
Conn. Gen. Stat. § 31-249g — Connecticut Code / Title 31 / Chapter 567 / Section 31-249g
Sec. 31-249g. Use of arbitration decisions by board or referees. Preclusive effect of unemployment compensation proceedings.
Status: in_force

(b) No finding of fact or conclusion of law contained in a decision of an employment security appeals referee, the board of review or a court, obtained under this chapter, shall have preclusive effect in any other action or proceeding, except proceedings under this chapter.
Conn. Gen. Stat. § 31-3i — Connecticut Code / Title 31 / Chapter 556 / Section 31-3i
Sec. 31-3i. Governor's Workforce Council: Members.
Status: in_force

(1) The Governor;

(2) A member of the House of Representatives, appointed by the speaker of the House of Representatives, and a member of the Senate, appointed by the president pro tempore of the Senate;

(3) Twenty-four members, appointed by the Governor, who (A) are owners of a business, chief executives or operating officers of a business, or other business executives or employers with optimum policy-making or hiring authority; (B) represent businesses or organizations representing businesses that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupation in the state; or (C) have been nominated by state business organizations or business trade associations. At a minimum, at least one such member shall represent small businesses, as defined by the United States Small Business Administration;

(4) The Labor Commissioner, Commissioner of Aging and Disability Services, Commissioner of Education, Commissioner of Economic and Community Development and the Chief Workforce Officer, or their respective designees;

(5) Four representatives of labor organizations, who have been nominated by state labor federations and appointed by the Governor;

(6) An individual, appointed by the Governor, who is a member of a labor organization or a training director from a joint labor-management apprenticeship program, or, if no such joint program exists in the state, such a representative of an apprenticeship program in the state;

(7) An individual, appointed by the Governor, who is an expert in residential construction;

(8) Five members, appointed by the Governor, who represent community-based organizations that have demonstrated experience and expertise in addressing employment, training, or education, including one representative of a community action agency, as defined in section 17b-885 , and one representative of a philanthropic organization;

(9) A representative from the Connecticut State Colleges and Universities, a representative from The University of Connecticut and a representative from a nonprofit institution of higher education in the state, each appointed by the Governor;

(10) A representative from a regional vocational-technical school and a representative from a regional agricultural science and technology school, each appointed by the Governor;

(11) Two superintendents of a local or regional board of education, appointed by the Governor;

(12) A certified teacher employed by a local or regional board of education, appointed by the Governor;

(13) Two chief elected officials of municipalities, appointed by the Governor; and

(14) Two members of the public, who are enrolled in or who have recently completed a nondegree workforce training program, appointed by the Governor.

(b) All appointments shall be made in a manner that reflects the diversity of the state, including, but not limited to, geographic, gender identity, racial and ethnic diversity.

(c) The Governor shall appoint the chairperson of the Governor's Workforce Council from among the members appointed pursuant to subdivision (3) of subsection (a) of this section. The Chief Workforce Officer shall serve as the vice-chairperson of the council.

(d) The Governor's Workforce Council may establish an executive committee composed of members appointed by the chairperson. The vice-chairperson of the council shall be a member of any such executive committee. The council may delegate to the executive committee any powers of the council except those powers that are required by law to be exercised by the council. The chairperson may also appoint ad hoc committees, workgroups or task forces to assist the council as appropriate, and shall consult with the vice-chairperson and the legislative members of the council in making appointments to such ad hoc committees, workgroups or task forces.

(e) Any appointments made to the council prior to October 1, 2021, shall expire on that date.

(f) The council shall meet not less than once every calendar quarter.

(g) The Governor shall establish bylaws for the council pursuant to 20 CFR 679.110(d), which shall include, but need not be limited to, term limitations for members and how appointments will be made.
Conn. Gen. Stat. § 31-221a — Connecticut Code / Title 31 / Chapter 566a / Section 31-221a
Sec. 31-221a. Definitions.
Status: in_force

(1) “Client” means any person who, as an employer, enters into a professional employer agreement with a professional employer organization;

(2) “Coemployment relationship” means an ongoing relationship, rather than a temporary or project-specific relationship, in which the rights, duties and obligations of an employer are allocated between a professional employer organization and a client pursuant to a professional employer agreement as provided in sections 31-221b to 31-221f , inclusive;

(3) “Covered employee” means an individual who (A) is an employee of a client that has a coemployment relationship with a professional employer organization, (B) has received written notice of the coemployment, and (C) has received a written summary of the obligations and responsibilities of the client and the professional employer organization pursuant to the professional employer agreement;

(4) “Department” means the Labor Department;

(5) “Commissioner” means the Labor Commissioner;

(6) “Professional employer organization group” means two or more professional employer organizations that are majority-owned or commonly controlled by the same entity, parent entity or controlling persons;

(7) “Professional employer agreement” means a written contract by and between a client and a professional employer organization;

(8) “Person” means any individual, partnership, corporation, limited liability company, association or other legal entity;

(9) “Temporary help service” has the same meaning as provided in section 31-129 ;

(10) “Professional employer organization” means any person engaged in the business of providing professional employer services, regardless of whether such person uses the term or conducts business as a professional employer organization, staff leasing company, registered staff leasing company, employee leasing company, administrative employer or any other name. Professional employer organization does not include:

(A) Arrangements in which a person, other than a person whose principal business activity is entering into professional employer arrangements, shares employees with a commonly owned company within the meaning of Sections 414(b) and (c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended;

(B) Independent contractor arrangements in which a person assumes responsibility for the product produced or service performed by such person or such person's agents and retains and exercises primary direction and control over the work performed by the individuals whose services are supplied under such arrangements; or

(C) Temporary help services;

(11) “Professional employer services” means entering into coemployment relationships in which all or a majority of the employees providing services to a client or to a division or work unit of a client are covered employees; and

(12) “Registrant” means a professional employer organization registered under section 31-221c .
Conn. Gen. Stat. § 31-424 — Connecticut Code / Title 31 / Chapter 574 / Section 31-424
Sec. 31-424. Establishment of rules and procedures. Design features.
Status: in_force

(b) The program shall include the following design features prescribed by the Comptroller, provided the Comptroller determines such features to be feasible and cost effective:

(1) A lifetime income investment option intended to provide participants with a source of retirement income for life. Any lifetime income investment for the program shall include spousal rights;

(2) Provide to each participant, one year in advance of the participant's normal retirement age, a disclosure explaining (A) the rights and features of the lifetime income investment; (B) that once the participant reaches normal retirement age, fifty per cent of the participant's account will be invested in the lifetime income investment; and (C) that the participant may elect to invest a higher percentage of his or her account balance in the lifetime income option;

(3) On the date a participant reaches his or her normal retirement age, invest fifty per cent of the participant's account balance, or such higher amount as specified by the participant, in the lifetime income investment;

(4) Permit each participant to elect a date not earlier than his or her normal retirement age on which to begin receiving distributions, provided, in the absence of an election, such distributions shall commence not later than ninety days after the participant reaches his or her normal retirement age; and

(5) Adopt regulations, in accordance with the provisions of chapter 54 whereby each participant may elect to invest a higher percentage of his or her account balance in the lifetime income investment.

(c) The Comptroller shall inform participants about their rights to withdraw funds from the program in accordance with the provisions 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 participants who elect to withdraw their assets prior to their normal retirement age, the Comptroller shall notify such participants of the potential for tax penalties associated with such withdrawal and the effect of such withdrawal on such participant's expected retirement income.
Conn. Gen. Stat. § 31-57h — Connecticut Code / Title 31 / Chapter 557 / Section 31-57h
Sec. 31-57h. Joint enforcement commission on employee misclassification. Members. Duties. Report.
Status: in_force

(b) The joint enforcement commission on employee misclassification shall meet not less than four times each year. The task force shall review the problem of employee misclassification by employers for the purposes of avoiding their obligations under state and federal labor, employment and tax laws. The commission shall coordinate the civil prosecution of violations of state and federal laws as a result of employee misclassification and shall report any suspected violation of state criminal statutes to the Chief State's Attorney or the State's Attorney serving the district in which the violation is alleged to have occurred.

(c) On or before February 1, 2010, and biennially thereafter, the commission shall report, in accordance with section 11-4a , to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to labor. The report shall summarize the commission's actions for the preceding calendar year and include any recommendations for administrative or legislative action.
Conn. Gen. Stat. § 31-348 — Connecticut Code / Title 31 / Chapter 568 / Section 31-348
Sec. 31-348. Compensation insurance companies to report their risks.
Status: in_force

Former statute cited. 113 C. 128; 127 C. 706.

Insurer's initial letter to insured indicating that failure to pay premiums due would result in policy cancellation was not sufficiently unequivocal to constitute notice of cancellation under section. 62 CA 440. Section not applicable to nonrenewals of policies. 67 CA 361. Workers' Compensation Commission's longstanding policy of utilizing National Council on Compensation Insurance to collect notices electronically of compensation policy coverage and cancellations is authorized by section. 206 CA 702.

Cited. 28 CS 5.
Conn. Gen. Stat. § 31-316 — Connecticut Code / Title 31 / Chapter 568 / Section 31-316
Sec. 31-316. Employer to record and report employees' injuries and report insurance coverage or welfare plan payments provided to employees. Increased award due to employer's failure to file.
Status: in_force

(b) Upon determining that the employer or the employer's representative failed to report injuries as required by subsection (a) of this section, the administrative law judge may increase the award for compensation for the employee's injuries proportionate to the prejudice that the employee sustained due to the employer's failure to file.

See Sec. 31-40 re required reporting of serious accidents in establishments or work places.

Cited. 109 C. 469; 122 C. 192.
Conn. Gen. Stat. § 31-284b — Connecticut Code / Title 31 / Chapter 568 / Section 31-284b
Sec. 31-284b. Employer to continue insurance coverage or welfare plan payments for employees eligible to receive workers' compensation. Use of Second Injury Fund.
Status: in_force

(b) An employer may provide such equivalent accident and health or life insurance coverage or welfare plan payments or contributions by: (1) Insuring his full liability under this section in any stock or mutual companies or associations that are or may be authorized to take such risks in this state; (2) creating an injured employee's plan as an extension of any existing plan for working employees; (3) self-insurance; or (4) by any combination of the methods provided in subdivisions (1) to (3), inclusive, of this subsection that he may choose.

(c) In the case of an employee welfare plan, an employer may provide equivalent protection by making payments or contributions for such hours of contributions established by the trustees of the employee welfare plan as necessary to maintain continuation of such insurance coverage when the amount is less than the amount of regular hourly or weekly contributions for full-time employees.

(d) In any case where compensation payments to an individual for total incapacity under the provisions of section 31-307 continue for more than one hundred four weeks, the cost of accident and health insurance or life insurance coverage after the one-hundred-fourth week shall be paid out of the Second Injury Fund in accordance with the provisions of section 31-349 .

(e) Accident and health insurance coverage may include, but shall not be limited to, coverage provided by insurance or directly by the employer for the following health care services: Medical, surgical, dental, nursing and hospital care and treatment, drugs, diagnosis or treatment of mental conditions or alcoholism, and pregnancy and child care.

Cited. 214 C. 552; 219 C. 439; 223 C. 376. Court found no legislative intent to mandate transfer of liability for section's benefits to the fund as “compensation” under Sec. 31-349 in case of employee with preexisting impairment. 231 C. 287.

Cited. 16 CA 660. Dependents' benefits are part of workers' income to be maintained by employer. 24 CA 234. Cited. 40 CA 409; 44 CA 397. Board incorrectly interpreted section as requiring city to continue insurance coverage for plaintiff and his family once plaintiff's compensation payments under Sec. 7-433c ended; definition of “compensation” in Sec. 31-293 inapplicable to section as it existed on date of plaintiff's injury; payments by city for plaintiff's medical care did not constitute compensation payment required by statute or regulation and did not trigger benefits under section. 61 CA 9.

Subsec. (a):

Cited. 214 C. 394.

Term “compensation payments” as used in Subsec. as it existed on date of plaintiff's injury does not include payments for medical care after the indemnity compensation period has ceased. 61 CA 9. Term “compensation payments” as used in Subsec. does not include payments for medical care after the indemnity compensation period has ceased; plaintiff accordingly was not entitled to benefits pursuant to section. 81 CA 339.

Subsec. (b):

Authorizes employer to meet its workers' compensation obligations under chapter by enumerated methods, including self-insurance. 247 C. 442.
Conn. Gen. Stat. § 31-237a — Connecticut Code / Title 31 / Chapter 567 / Section 31-237a
Sec. 31-237a. Definitions.
Status: in_force

(a) “Board” means the Employment Security Board of Review;

(b) “Appeals division” means the Employment Security Appeals Division consisting of the board members, the referees employed in the referee section and all other supporting staff members employed in that division for discharge of its responsibilities as set forth in this chapter;

(c) “Referee” means an employment security appeals referee;

(d) “Chief referee” means the chief referee of the referee section;

(e) “Referee section” means the organizational unit consisting of the employment security appeals referees employed in the appeals division and all other supporting staff members employed in that division for discharge of the responsibilities assigned to referees in accordance with this chapter;

(f) “Staff assistant” means the staff assistant to the Employment Security Board of Review; and

(g) “Records” means the official records, files and data maintained by the Employment Security Division.

Secs. 31-237a to 31-238 cited re their effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 104.
Conn. Gen. Stat. § 31-397 — Connecticut Code / Title 31 / Chapter 573 / Section 31-397
Sec. 31-397. Grants-in-aid to occupational health clinics.
Status: in_force

(b) For an organization to qualify for a grant-in-aid under sections 31-396 to 31-403 , inclusive, the occupational health clinic to be operated shall meet all of the following criteria: (1) Clinical directorship by a board certified or board eligible occupational health physician; (2) membership in, application to or plans for application to the Association of Occupational and Environmental Clinics; (3) availability of industrial hygiene or related services; (4) current involvement in or willingness to assist in the training of occupational health professionals; (5) capability to comply with the surveillance requirements and recommendations outlined in the report on Occupational Disease in Connecticut of 1989; (6) agreement to work with the Department of Public Health and the Labor Department to reduce the burden of occupational disease; (7) provision of assistance and medical consultative services to Connecticut OSHA; (8) cooperation with the Department of Public Health, Labor Department, Workers' Compensation Commission and state Insurance Commissioner to transfer granted occupational medicine costs to appropriate insurance and other private funding mechanisms; (9) agreement to attempt to educate medical professionals on use of the surveillance system; (10) agreement to compile and report surveillance data; and (11) cooperation with the Department of Public Health, Labor Department, Workers' Compensation Commission and state Insurance Commissioner to carry out the purposes of sections 31-396 to 31-403 , inclusive.
Conn. Gen. Stat. § 31-900 — Connecticut Code / Title 31 / Chapter 577 / Section 31-900
Sec. 31-900. Connecticut Essential Workers COVID-19 Assistance Program. Account. Claims. Calculation of payment. Reconsideration. Penalty. Report.
Status: in_force

(1) “Affected person” means an essential employee who died or was unable to work as a result of contracting COVID-19, or due to symptoms that were later diagnosed as COVID-19, at any time between March 10, 2020, and July 20, 2021, provided: (A) The contraction of COVID-19 by such employee is confirmed by a positive laboratory test or, if a laboratory test was not available for the employee, as diagnosed and documented by the employee's licensed physician, licensed physician assistant or licensed advanced practice registered nurse, based on the employee's symptoms; (B) a copy of the positive laboratory test or the written documentation of the physician's, physician assistant's or advanced practice registered nurse's diagnosis is provided to the administrator; and (C) such employee, during the fourteen consecutive days immediately preceding the date the employee died or was unable to work due to contracting COVID-19, (i) was not employed in a capacity where the employee worked solely from home and did not have physical interaction with other employees, or (ii) was the recipient of a written offer or directive from such employee's employer to work solely from home but otherwise chose to work at a work site of the employer. “Affected person” does not include a federal employee who qualifies for benefits under the COVID-19 workers' compensation presumption included in the American Rescue Plan Act of 2021;

(2) “Essential employee” means any person employed in a category recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices as of February 20, 2021, to receive a COVID-19 vaccination in phase 1a, 1b or 1c of the COVID-19 vaccination program;

(3) “Administrator” means an employee of the Office of the Comptroller, or a third-party administrator;

(4) “Assistance” means moneys payable by the Comptroller from the Connecticut Essential Workers COVID-19 Assistance Fund, established pursuant to subsection (c) of this section, to assist affected persons pursuant to this section;

(5) “Uncompensated leave” means the wages or salary lost by (A) an affected person unable to work as a result of contracting COVID-19, or due to symptoms that were later diagnosed as COVID-19, at any time during the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, or any extension of such declarations; and

(6) “COVID-19” means the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by the World Health Organization as a communicable respiratory disease.

(b) There is established the Connecticut Essential Workers COVID-19 Assistance Program. The program shall offer assistance, within available funds and on a first-come, first-served basis, to affected persons eligible for assistance under this section, pending verification of eligibility, provided no assistance shall be paid to any affected person after June 30, 2024. The program shall be administered by the administrator. The administrator shall accept applications for assistance on or after October 1, 2021. For the purposes of this section, the administrator shall be authorized to (1) determine whether an affected person meets the requirements for eligibility for assistance under this section and the amount of assistance that should be provided; (2) summon and examine under oath such witnesses that may provide information relevant to the eligibility of an affected person, and direct the production of, and examine or cause to be produced or examined, such books, records, vouchers, memoranda, documents, letters, contracts or other papers in relation to any matter at issue as the administrator may find proper; and (3) take or cause to be taken affidavits or depositions within or without the state.

(c) There is established an account to be known as the “Connecticut Essential Workers COVID-19 Assistance Fund” which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Comptroller at the discretion of the administrator for the purposes of (1) assistance offered under the Connecticut Essential Workers COVID-19 Assistance Program, and (2) costs and expenses of operating the program, including the hiring of necessary employees and the expense of public outreach and education regarding the program and fund, provided not more than five per cent of the total moneys received by the fund shall be used for any administrative costs, including hiring temporary or durational staff or contracting with a third-party administrator, or other costs and expenses incurred by the administrator or Comptroller in connection with carrying out the provisions of this section and subsection (a) of section 31-306 . The administrator shall make all reasonable efforts to limit the costs and expenses of operating the program without compromising affected persons' access to the program.

(d) To apply for assistance from the Connecticut Essential Workers COVID-19 Assistance Fund, an affected person with a pending workers' compensation claim under chapter 568, related to COVID-19, or an affected person who does not have such pending workers' compensation claim, shall submit a claim to the administrator, in such form as required by the administrator, not later than December 31, 2022. An affected person who does not have a pending workers' compensation claim related to COVID-19 shall submit a claim to the administrator, in such form as required by the administrator, not later than one year after the date such person was initially unable to work as a result of contracting COVID-19 or due to symptoms that were later diagnosed as COVID-19 or December 31, 2022, whichever is later. Any such claim shall include: (1) A certificate issued by a licensed medical professional documenting the laboratory test or diagnosis that such affected person contracted COVID-19 (A) requiring such person to isolate and quarantine from others, (B) preventing such affected person from performing such affected person's employment duties, or (C) requiring in-patient or outpatient medical treatment; (2) for the purposes of requesting assistance for uncompensated leave, evidence of (A) such affected person's weekly earnings during the eight calendar weeks immediately preceding the time of diagnosis, except in the case of an employee who has not yet worked for that employer for an eight-week period, for the time period such employee was employed, and (B) uncompensated leave due to the contraction of COVID-19 or symptoms that were later diagnosed as COVID-19; (3) for the purposes of requesting assistance for out-of-pocket costs for medical and surgical aid or hospital or nursing service, evidence of such affected person's costs; and (4) any additional information as requested or required by the administrator.

(e) The level of assistance offered to an affected person shall be calculated as follows, subject to available funds, and payable on a retroactive basis from the date such person was initially unable to work as a result of contracting COVID-19 or due to symptoms that were later diagnosed as COVID-19, but not earlier than March 10, 2020, and not later than July 20, 2021: (1) Weekly assistance for all uncompensated leave, calculated as seventy-five per cent of such affected person's average weekly earnings during the eight calendar weeks immediately preceding the date such person was initially unable to work as a result of contracting COVID-19, or due to symptoms that were later diagnosed as COVID-19, except in the case of an employee who has not yet worked for that employer for an eight-week period, seventy-five per cent of such affected person's average weekly earnings for the time period such employee was employed, and after such earnings have been reduced by any deduction for: (A) Federal or state taxes, or both; (B) the federal Insurance Contributions Act, provided such assistance shall not exceed the average weekly earnings of all workers in the state as calculated by the Labor Commissioner, pursuant to section 31-309 ; and (C) any benefits received for total or partial unemployment as provided in chapter 567, any amount of temporary total or temporary partial disability benefits under chapter 568, and any amounts provided through a paid leave plan provided by an employer or pursuant to any state or federal law, for the same days of such claimed assistance; (2) all documented out-of-pocket COVID-19 related costs for medical and surgical aid or hospital and nursing service incurred directly as a result of such affected person contracting COVID-19, including, but not limited to, medical rehabilitation services, mental health therapy services and prescription drugs; and (3) burial expenses in the amount of three thousand dollars in any case in which an employee died due to contracting COVID-19 during (A) the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, or any extension of such declarations, or (B) any new public health and civil preparedness emergencies declared by the Governor as a result of a COVID-19 outbreak in this state.

(f) The administrator shall promptly review all claims submitted pursuant to this section. The administrator shall evaluate each claim and determine, on the basis of information provided by the affected person, or additional information provided at the request of the administrator, whether or not such claim should be approved and, if approved, the amount of assistance offered. The administrator shall provide such determination, in writing, to such affected person not later than sixty business days after having received the notice of claim, or, if the administrator requested additional information, not later than ten business days after receiving such additional information, and shall direct the Comptroller to pay any such assistance offered to such affected person in the amount and for the duration determined by the administrator, if applicable. If the administrator determines more information is needed from the affected person for the purpose of requesting assistance for uncompensated leave, out-of-pocket costs for medical and surgical aid or hospital or nursing service or burial expenses, the administrator may pay such affected person for the completed parts of their claim while the remainder of the claim is pending.

(g) For purposes of this section, a pending workers' compensation claim submitted by an affected person shall not prevent the administrator from approving such person's claim for assistance under this section, provided any workers' compensation benefits such affected person receives for the workers' compensation claim shall be offset by the amount of assistance such affected person receives for uncompensated leave under this section, as deemed appropriate by the presiding administrative law judge. Any assistance available under this section shall be offset by any workers' compensation benefits already paid to the affected person for the uncompensated leave or out-of-pocket medical costs, including payments made without prejudice. It shall be the responsibility of the administrator of the fund to notify the Workers' Compensation Commission of an available offset.

(h) For purposes of this section, a disability or unemployment claim submitted by an affected person or affected employee shall not prevent the administrator from approving such person's claim for assistance under this section, provided any assistance available under this section shall be offset by any disability or unemployment benefits already paid to the affected person for the uncompensated leave, including payments made without prejudice. If an affected person or affected employee received unemployment benefits pursuant to chapter 567, nothing in this section shall be construed to require such person to be currently employed with a previous employer in order to qualify for assistance from the fund.

(i) An affected person may request that a determination made pursuant to subsection (f) of this section be reconsidered by the administrator's designee by filing a request with the administrator, on a form prescribed by the administrator, not later than twenty business days after the mailing of the notice of such determination. The administrator, not later than three business days after receipt of such request for reconsideration, shall designate an individual to conduct such reconsideration and shall submit to such designated individual all documents relating to such affected person's claim. The administrator's designee shall conduct any reconsideration requested by an affected person, which shall consist of a de novo review of all relevant evidence, not later than twenty business days after such individual's designation. Such administrator's designee shall issue such designee's decision affirming, modifying or reversing the decision of the administrator not later than twenty business days after the designee's reconsideration of the determination and shall submit such decision in writing to the administrator and the affected person. The decision shall include a short statement of findings that shall specify any assistance to be paid to the affected person in accordance with subsection (f) of this section.

(j) Any statement, document, information or matter may be considered by the administrator or, on reconsideration, by the administrator's designee, if in the opinion of the administrator or designee, it contributes to a determination of the claim, whether or not the same would be admissible in a court of law.

(k) There shall be no right of appeal by any affected person or affected employee claiming assistance under this section following the final decision of the administrator's designee issued pursuant to subsection (i) of this section.

(l) Any assistance provided to an affected person under this section shall not be considered income for the purpose of the state's personal income tax law, corporation tax or any other tax laws.

(m) If a claim is paid to an affected person erroneously or as a result of wilful misrepresentation by such affected person, the administrator may seek repayment of benefits from the affected person having received such compensation and may also, in the case of wilful misrepresentation, seek payment of a penalty in the amount of fifty per cent of the benefits paid as a result of such misrepresentation.

(n) On or before January 1, 2022, and monthly thereafter, and any other time at the request of the administrator, the Comptroller shall submit a report to the administrator indicating the value of the Connecticut Essential Workers COVID-19 Assistance Fund at the time of the report.

(o) On or before January 1, 2022, and at least quarterly thereafter, the administrator shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to labor, in accordance with section 11-4a , a report on the financial condition of the Connecticut Essential Workers COVID-19 Assistance Fund. Such report shall include (1) an estimate of the fund's value as of the date of the report; (2) the effect of scheduled payments on the fund's value; (3) an estimate of the monthly administrative costs necessary to operate the program and the fund; and (4) any recommendations for legislation to improve the operation or administration of the program and the fund.

(p) On or after May 7, 2022, the administrator shall review any previously denied, or currently pending, claim for assistance from the program and make a new determination of eligibility.
Conn. Gen. Stat. § 31-427 — Connecticut Code / Title 31 / Chapter 574 / Section 31-427
Sec. 31-427. Internet web site for qualified employers and vendors. Vendor participation procedures.
Status: in_force

(1) Establish and maintain a secure Internet web site to (A) provide qualified employers with information regarding employer-sponsored retirement plans and payroll deduction individual retirement accounts, and (B) assist qualified employers in identifying vendors of retirement arrangements that may be implemented by the qualified employers in lieu of participation in the program;

(2) Include the Internet web site address on any posting to the Internet web site or in other materials offered to the public regarding the program;

(3) Prior to implementing the Internet web site, and at least annually thereafter, provide notice to vendors (A) that such Internet web site is active, (B) that such vendors may register for inclusion on the Internet web site, and (C) regarding the process for inclusion on the Internet web site; and

(4) Establish an appeals process for vendors that are denied registration or removed from the Internet web site pursuant to subsection (d) of this section.

(b) Each vendor that registers to be listed on the Internet web site shall provide: (1) A statement of such vendor's experience providing employer-sponsored retirement plans and payroll deduction individual retirement accounts in this state and in other states, if applicable, (2) a description of the types of retirement investment products offered by such vendor, and (3) a disclosure of all expenses paid directly or indirectly by retirement plan participants, including, but not limited to, penalties for early withdrawals, declining or fixed withdrawal charges, surrender or deposit charges, management fees and annual fees.

(c) The cost of establishing and maintaining the registration system and the Internet web site shall be borne solely and equally by registered vendors, based upon the total number of registered vendors.

(d) The Comptroller may remove a vendor from the Internet web site if the vendor: (1) Submits materially inaccurate information to the Comptroller, (2) does not remit assessed fees within sixty days from the date of assessment, or (3) fails to submit to the Comptroller notice of any material change to the vendor's registered investment products. Any vendor found to have submitted materially inaccurate information to the Comptroller shall be allowed sixty calendar days to correct the information.
Conn. Gen. Stat. § 31-265 — Connecticut Code / Title 31 / Chapter 567 / Section 31-265
Sec. 31-265. Interest on contributions not paid when due.
Status: in_force

Cited. 314 U.S. 569.

Cited. 125 C. 302; 126 C. 115; 127 C. 176; Id., 181; 128 C. 87; 133 C. 117; 175 C. 269.
Conn. Gen. Stat. § 31-51t — Connecticut Code / Title 31 / Chapter 557 / Section 31-51t
Sec. 31-51t. Drug testing: Definitions.
Status: in_force

(1) “Employee” means any individual currently employed or formerly employed and currently being rehired by the same employer within twelve months of terminating his employment, and includes any individual in a managerial position;

(2) “Employer” means any individual, corporation, partnership or unincorporated association, excluding the state or any political subdivision thereof;

(3) “Prospective employee” means any individual applying for employment with an employer, other than an individual who terminated his employment with such employer within twelve months prior to such application.
Conn. Gen. Stat. § 31-40y — Connecticut Code / Title 31 / Chapter 557 / Section 31-40y
Sec. 31-40y. Employer harassment of and discrimination against interns prohibited.
Status: in_force

(1) “Employee” means any individual engaged in service to an employer in a business of such employer and receives compensation for such service;

(2) “Employer” means any person engaged in business in the state, including the state and any political subdivision thereof, that provides a position for an intern;

(3) “Intern” means an individual who performs work for an employer for the purpose of training, provided (A) the employer is not committed to hire the individual performing the work at the conclusion of the training period; (B) the employer and the individual performing the work agree that the individual performing the work is not entitled to wages for the work performed; and (C) the work performed (i) supplements training given in an educational environment that may enhance the employability of the individual, (ii) provides experience for the benefit of the individual, (iii) does not displace any employee of the employer, (iv) is performed under the supervision of the employer or an employee of the employer, and (v) provides no immediate advantage to the employer providing the training and may occasionally impede the operations of the employer;

(4) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons; and

(5) “Sexual harassment” means any unwelcome sexual advances, requests for sexual favors or any other conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an intern's internship; (B) submission to or rejection of such conduct by an intern or an individual seeking an internship is used as the basis for workplace decisions affecting such intern or individual; or (C) such conduct has the purpose or effect of substantially interfering with an intern's work performance or creating an intimidating, hostile or offensive working environment.

(b) No employer or agent of an employer shall:

(1) (A) Refuse to hire any individual seeking an internship or allow any intern to work; (B) bar or discharge any intern from providing internship services; or (C) discriminate against such intern in terms, conditions or privileges of service to the employer, because of the intern's race, color, religious creed, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness;

(2) Advertise any internship opportunity in a manner that would (A) restrict such internship to; or (B) discriminate against, individuals of a certain race, color, religious creed, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness;

(3) Discharge, expel or otherwise discriminate against an intern because such intern has opposed any discriminatory employment practice or because such intern has filed a complaint or testified or assisted in any proceeding under section 46a-82 , 46a-83 or 46a-84 ; or

(4) Engage in any sexual harassment toward any intern or individual seeking an internship.

(c) The provisions of subdivisions (1) and (2) of subsection (b) of this section shall not apply in the case of a bona fide occupational qualification or need.
Conn. Gen. Stat. § 31-418 — Connecticut Code / Title 31 / Chapter 574 / Section 31-418
Sec. 31-418. Connecticut Retirement Security Program.
Status: in_force

(1) Establish criteria and guidelines for the program to offer qualified retirement investment choices. Such criteria and guidelines shall establish a cap on total annual fees and shall provide participants with information regarding each retirement investment choice's historical investment performance;

(2) Receive and invest moneys in the program in any instruments, obligations, securities or property in accordance with section 31-423 ;

(3) Contract with financial institutions or other organizations offering or servicing retirement programs. The Comptroller may require that each participant be charged a fee to defray the costs of the program. The amount and method of collection of such fee shall be determined by the Comptroller. No employer shall be required to fund or be responsible for collecting fees from plan participants;

(4) Charge and equitably apportion among participants the administrative costs and expenses incurred in the exercise of the Comptroller's powers and duties as granted by this section;

(5) Borrow working capital funds and other funds as may be necessary for the start-up and continuing operation of the program, provided such funds are borrowed in the name of the program only. Such borrowings shall be payable solely from revenues of the program;

(6) Do all things necessary or convenient to carry out the provisions of section 31-71e , and sections 31-417 to 31-427 , inclusive; and

(7) Establish an administrative process by which participants, potential participants and employees may submit grievances, complaints and appeals to the Comptroller and have such grievances, complaints and appeals heard and addressed by the Comptroller.

(b) The Comptroller shall enter into memoranda of understanding with the Labor Department and other state agencies regarding (1) 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, (2) the sharing of costs incurred pursuant to the gathering and dissemination of such information, and (3) the reimbursement of costs for any enforcement activities conducted pursuant to section 31-425 . Each state agency may also enter into such memoranda of understanding.

(c) The Comptroller may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this chapter, including, but not limited to, regulations concerning the protection of program participants' personal and confidential information.
Conn. Gen. Stat. § 31-247 — Connecticut Code / Title 31 / Chapter 567 / Section 31-247
Sec. 31-247. Witness fees. Payment of expenses of proceedings.
Status: in_force

See Sec. 31-259(c) re withdrawals from Employment Security Administration Fund for payment of expenses incurred under this chapter.

See Sec. 52-260 re witness fees.

Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 192 C. 581.
Conn. Gen. Stat. § 31-51rr — Connecticut Code / Title 31 / Chapter 557 / Section 31-51rr
Sec. 31-51rr. Family and medical leave benefits for employees of political subdivisions.
Status: in_force

(b) (1) Any employee of a political subdivision of the state who has worked at least twelve months and one thousand two hundred fifty hours for such employer during the previous twelve-month period, (2) on or after the effective date of regulations adopted pursuant to subsection (f) of this section, a paraeducator who has been employed in an educational setting for at least twelve months by such employer and for at least nine hundred fifty hours of service with such employer during the previous twelve-month period, or (3) on or after October 1, 2024, any person employed by a local or regional board of education who does not hold a professional certification under chapter 166 and has been employed for at least twelve months by such employer and for at least nine hundred fifty hours of service with such employer during the previous twelve-month period may request leave in order to serve as an organ or bone marrow donor, provided such employee may be required, prior to the inception of such leave, to provide sufficient written certification from the physician of such employee, a physician assistant or an advanced practice registered nurse of the proposed organ or bone marrow donation and the probable duration of the employee's recovery from such donation.

(c) Nothing in this section shall be construed as authorizing leave in addition to the total of twelve workweeks of leave during any twelve-month period provided under the federal Family and Medical Leave Act, P.L. 103-3.

(d) The Labor Department shall enforce compliance with the provisions of this section.

(e) For the purposes of subdivision (2) of subsections (a) and (b) of this section, no hours of service worked by a paraeducator prior to the effective date of regulations adopted pursuant to subsection (f) of this section shall be included in the requisite nine hundred fifty hours of service.

(f) The Labor Commissioner shall adopt regulations for the provision of family and medical leave benefits to paraeducators employed in an educational setting pursuant to this section.
Conn. Gen. Stat. § 31-242 — Connecticut Code / Title 31 / Chapter 567 / Section 31-242
Sec. 31-242. Referee's hearing of claim on appeal from examiner: Decision, notices, remand; disqualification of referee, challenge.
Status: in_force

Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 135 C. 696; 161 C. 362. Cited re section's effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 581; 200 C. 243.

Cited. 1 CA 591; 2 CA 1; 34 CA 620.

Only employers whose merit rating accounts were charged with compensable separations have right to appeal from original award. 15 CS 62. Commissioner limited in his decision to the period covered by the decision of the examiner. 18 CS 11. Cited. 21 CS 19; 27 CS 217. Case remanded to commissioner for further proceedings where decision made was not specific as to dates of claimant's ineligibility for benefits on grounds of his failure to make reasonable efforts to find work. 28 CS 248. Cited. 37 CS 38; 44 CS 285.
Conn. Gen. Stat. § 31-49l — Connecticut Code / Title 31 / Chapter 557 / Section 31-49l
Sec. 31-49l. Board of directors. Responsibilities.
Status: in_force

(b) The board shall, to the extent reasonable and practicable, require any agents engaged or appointed by the authority to abide by the standard of care described in subsection (a) of this section.
Conn. Gen. Stat. § 31-249c — Connecticut Code / Title 31 / Chapter 567 / Section 31-249c
Sec. 31-249c. Administrator a party to all appeal proceedings. Right of board to intervene as a party.
Status: in_force

Cited. 192 C. 104; Id., 581.

Cited. 39 CA 441.
Conn. Gen. Stat. § 31-40aa — Connecticut Code / Title 31 / Chapter 557 / Section 31-40aa
Sec. 31-40aa. Rehiring laid-off employees. Notice of available positions required. Offers of employment. Retaliatory personnel action prohibited. Private right of action.
Status: in_force

(1) “Building services enterprise” means a person providing janitorial, building maintenance or security services under contract to office, retail or other commercial or state buildings;

(2) “Compensation” means an employee's average weekly earnings for the twelve-month period immediately preceding the date of the employee's last day of active employment with an employer, including wages or salary, payments to an employee while on vacation or on leave, allocated or declared tip income, bonuses or commissions, contributions or premiums paid by the employer for fringe benefits, overtime or other premium payments and allowances for expenses, uniforms, travel or education;

(3) “Customary seasonal work” means work performed by an employee for approximately the same portion of each calendar year;

(4) “Employer” means any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, conducts an enterprise and employs or exercises control over the wages, hours or working conditions of any employee;

(5) “Employment site” means the principal physical place where a laid-off employee performed the predominance of the employee's duties prior to being laid off, or, in the case of a laid-off employee in building services or other industries where work is performed at locations other than the employer's administrative headquarters from which such assignments were made, any location served by such headquarters;

(6) “Enterprise” means a hotel, lodging house, food service contractor or building services enterprise, including such a business located at a publicly or privately operated highway service plaza, that employs fifteen or more employees. “Enterprise” does not include cruise line companies;

(7) “Food service” means the on-site preparation, service and cleanup of food or beverages;

(8) “Food service contract” means a contract for a term of not less than six months for the provision of food service that requires the food service contractor to provide all food service workers;

(9) “Food service contractor” means any person who enters into a food service contract to provide food service at any commercial, industrial, institutional or mixed-use business facility in the state in a single building or in contiguous buildings under common ownership or management or at any state building;

(10) “Hotel” has the same meaning as provided in section 12-407 ;

(11) “Laid-off employee” means any employee who was employed by the employer for six months or more in the twelve months preceding March 10, 2020, and whose most recent separation from active service or whose failure to be scheduled for customary seasonal work by that employer occurred after March 10, 2020, and before May 1, 2022, and was due to lack of business or a reduction or furlough of the employer's workforce due to the COVID-19 pandemic, and including executive orders issued pursuant to the COVID-19 public health emergency and the civil preparedness emergency declared by the Governor on March 10, 2020;

(12) “Length of service” means the total of all periods of time during which an employee has been in active service, including periods of time when the employee was on leave or on vacation;

(13) “Lodging house” has the same meaning as provided in section 12-407 ;

(14) “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality or any other legal or commercial entity, either domestic or foreign; and

(15) “COVID-19” means the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by said organization as a communicable respiratory disease.

(b) (1) Not later than thirty days after the layoff of an employee before May 1, 2022, an employer shall submit to the Labor Department an affidavit stating the reasons for the decision.

(2) Not later than five days after a job position becomes available at an employer, the employer shall notify each of its laid-off employees who are qualified for the position that the position is available. Such notification shall be sent in writing to the laid-off employee's last known physical address or electronic mail address, whichever is the usual and customary means of providing notices between the employer and employee, and in a text message to the employee's mobile phone if such phone number is maintained by the employer. Where more than one employee is qualified for an available position, the employer shall offer the position to the employee with the greatest length of service at the employment site. A laid-off employee is qualified for a position if the employee: (A) Held the same or similar position at the enterprise at the time of the employee's most recent separation from active service with the employer; or (B) is or can be qualified for the position with the same training that would be provided to a new employee hired for such position.

(c) An offer of employment to a laid-off employee pursuant to this section shall be at substantially the same employment site, subject to relocation as provided in subdivision (3) of subsection (g) of this section. If the laid-off employee held the same or similar position at the enterprise at the time of the employee's most recent separation from active service with the employer, such offer shall be in the same classification or job title and with substantially the same duties, compensation, benefits and working conditions as applied to the laid-off employee immediately prior to March 10, 2020.

(d) Any laid-off employee who is offered a position pursuant to this section shall be given not less than five days in which to accept or decline the offer. If the laid-off employee does not accept or reject the offer in the time provided by the employer, the offer shall be considered declined. If a laid-off employee declines an offer of a position, within the time period provided by the employer, due to underlying conditions related to contracting COVID-19 diagnosed on or before May 1, 2021, as evidenced by a medical note to the employer, such laid-off employee shall retain the right to accept an available position for which the employee is qualified pursuant to subdivision (2) of subsection (b) of this section, and shall retain all other rights under this section until both (1) the expiration of the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, and any extension of such emergency declarations, and (2) the laid-off employee is reoffered a position.

(e) Each employer that declines to rehire a laid-off employee on the grounds of lack of qualifications and instead hires an individual other than a laid-off employee shall provide to the laid-off employee a written notice not later than thirty days after the date such other individual is hired. Such notice shall include the reasons for such decision.

(f) A laid-off employee rehired pursuant to this section shall be permitted to work for not less than thirty work days, unless there is just cause for the employee's termination.

(g) The requirements of this section shall apply under any of the following circumstances:

(1) The form of organization of the employer changed after March 10, 2020;

(2) Substantially all of the assets of the employer were acquired by another entity that conducts the same or similar operations using substantially the same assets; or

(3) The employer relocates the operations at which a laid-off employee was employed prior to March 10, 2020, to a different employment site not greater than twenty-five miles away from the original employment site.

(h) No employer shall terminate, refuse to reemploy, reduce compensation or otherwise take any adverse action against any individual seeking to enforce his or her rights under this section or for participating in proceedings related to this section, opposing the violation of any provision of this section or otherwise asserting rights under this section.

(i) An employer that terminates, refuses to reemploy or takes any other adverse action against any laid-off employee shall provide to the employee, at or before the time of the termination, refusal to reemploy or other adverse action, a detailed written statement of the reason or reasons for the termination, refusal to reemploy or other adverse action, including all the facts substantiating the reason or reasons and all facts known to the employer that contradict the substantiating facts.

(j) (1) A laid-off employee aggrieved by a violation of any provision of this section may bring a civil action in the Superior Court.

(2) If the court finds that the employer has violated any provision of this section, the court may enjoin the employer from engaging in such violation and may order such affirmative action as the court deems appropriate, including the reinstatement or rehiring of the laid-off employee, with or without back pay and fringe benefits, or other equitable relief as the court deems appropriate. Interim earnings or amounts earnable with reasonable diligence by the laid-off employee who was subjected to the violation shall be deducted from the back pay permitted under this subdivision and any reasonable amounts expended by the laid-off employee in searching for, obtaining or relocating to new employment shall be deducted from the interim earnings before such earnings are deducted from such back pay. The court may order compensatory and punitive damages if the court finds that the employer committed the violation with malice or with reckless indifference to the provisions of this section. Any laid-off employee who prevails in a civil action shall be awarded reasonable attorney's fees and costs to be taxed by the court.

(k) The provisions of this section shall apply to each laid-off employee, whether or not such laid-off employee is represented for purposes of collective bargaining or is covered by a collective bargaining agreement, and may be waived in a bona fide collective bargaining agreement but only if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute or be permitted as a waiver of all or any part of the provisions of this section. Nothing in this section shall be construed to invalidate or limit the rights, remedies and procedures of any contract or agreement that provides equal or greater protection for laid-off employees than provided by this section and it shall not be a violation of this section for an employer to follow an order of preference for rehiring laid-off employees required by a collective bargaining agreement that is different from the order of preference required by this section.
Conn. Gen. Stat. § 31-345 — Connecticut Code / Title 31 / Chapter 568 / Section 31-345
Sec. 31-345. Insurance Commissioner to approve form of policy. Assessments against employers for administrative costs. Surpluses.
Status: in_force

(b) (1) When, after the close of a fiscal year ending prior to July 1, 1990, the chairperson of the Workers' Compensation Commission and the Comptroller have determined the total amount of expenses of the Workers' Compensation Commission in accordance with the provisions of subsection (d) of section 31-280 , the Treasurer shall thereupon assess upon and collect from each employer, other than the state and any municipality participating for purposes of its liability under this chapter as a member in an interlocal risk management agency pursuant to chapter 113a, the proportion of such expenses that the total compensation and payment for hospital, medical and nursing care made by such self-insured employer or private insurance carrier acting on behalf of any such employer bore to the total compensation and payments for hospital, medical and nursing care made by all such insurance carriers and self-insurers. The amount so secured shall be used to reimburse the Treasurer for appropriations theretofore made by the state for the payment in the first instance of the expenses of administering this chapter. On and after July 1, 1986, the Treasurer shall, as soon as possible after the close of a fiscal year ending prior to July 1, 1990, estimate the pro rata cost to each employer based upon the costs assessed to such employer in the immediately preceding fiscal year and shall assess upon and collect from each such employer such estimated costs annually which shall be payable as provided in subsection (a) of this section except each annual assessment shall include an amount which represents the difference between the payments collected and the actual costs assessed to such employer for the immediately preceding fiscal year. The Treasurer is authorized to make credits or rebates for overpayments made under this subsection by any employer for any fiscal year.

(2) The chairperson of the Workers' Compensation Commission shall annually, on or after July first of each fiscal year, determine an amount sufficient in the chairperson's judgment to meet the expenses incurred by the Workers' Compensation Commission and the Department of Aging and Disability Services in providing rehabilitation services for employees suffering compensable injuries in accordance with section 31-283a . Such expenses shall include (A) the costs of the Division of Workers' Rehabilitation and the programs established by its director, for fiscal years prior to the fiscal year beginning July 1, 2011, (B) the costs of the Division of Worker Education and the programs established by its director, and (C) funding for the occupational health clinic program created pursuant to sections 31-396 to 31-402 , inclusive. The Treasurer shall thereupon assess upon and collect from each employer, other than the state and any municipality participating for purposes of its liability under this chapter as a member in an interlocal risk management agency pursuant to chapter 113a, the proportion of such expenses, based on the immediately preceding fiscal year, that the total compensation and payment for hospital, medical and nursing care made by such self-insured employer or private insurance carrier acting on behalf of any such employer bore to the total compensation and payments for the immediately preceding fiscal year for hospital, medical and nursing care made by such insurance carriers and self-insurers. For the fiscal years ending June 30, 2000, and June 30, 2001, such assessments shall not exceed five per cent of such total compensation and payments made by such insurance carriers and self-insurers. For the fiscal years ending June 30, 2002, and June 30, 2003, such assessments shall not exceed four and one-half per cent of such total compensation and payments made by such insurance carriers and self-insurers. For any fiscal year ending on or after June 30, 2004, such assessment shall not exceed four per cent of such total compensation and payments made by such insurance carriers and self-insurers. Such assessments and expenses shall not exceed the budget estimates submitted in accordance with subsection (c) of section 31-280 . For each fiscal year, such assessment shall be reduced pro rata by the amount of any surplus from the assessments of prior fiscal years. Said surplus shall be determined in accordance with subdivision (3) of this subsection. Such assessments shall be made in one annual assessment upon receipt of the chairperson's expense determination by the Treasurer. All assessments shall be paid not later than sixty days following the date of the assessment by the Treasurer. Any employer who fails to pay such assessment to the Treasurer within the time prescribed by this subdivision shall pay interest to the Treasurer on the assessment at the rate of eight per cent per annum from the date the assessment is due until the date of payment. All assessments received by the Treasurer pursuant to this subdivision to meet the expenses of the Workers' Compensation Commission shall be deposited in the Workers' Compensation Administration Fund established under section 31-344a . All assessments received by the Treasurer pursuant to this subdivision to meet the expenses incurred by the Department of Aging and Disability Services in providing rehabilitation services for employees suffering compensable injuries in accordance with section 31-283a shall be deposited in the Workers' Compensation Administration Fund. The Treasurer is hereby authorized to make credits or rebates for overpayments made under this subsection by any employer for any fiscal year.

(3) As soon as practicable after the close of the state fiscal year, the Comptroller shall examine the Workers' Compensation Administration Fund and shall direct the State Treasurer to set aside within said fund amounts in excess of fifty per cent of the expenditures of the Workers' Compensation Commission for the most recently completed fiscal year, which shall be considered a surplus for purposes of subdivision (2) of subsection (b) of this section.

Cited. 37 CA 835.
Conn. Gen. Stat. § 31-372 — Connecticut Code / Title 31 / Chapter 571 / Section 31-372
Sec. 31-372. Adoption of federal and state standards. Variances.
Status: in_force

(b) No standards shall be adopted for products distributed or used in interstate commerce which are different from federal standards for such products unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.

(c) Subject to the time period limitations of subsection (g) of section 4-168 , in the event of emergency or unusual situations the commissioner shall provide for an emergency temporary standard to take immediate effect upon publication in the Connecticut Law Journal if he deems (1) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; and (2) that such emergency standard is necessary to protect employees from such danger. Such emergency standard shall be in effect not longer than one hundred twenty days or, if renewed in compliance with subdivisions (1) and (2) of this subsection, not longer than sixty additional days. On or before the expiration date of such emergency standard or renewal thereof, the commissioner shall develop a permanent standard to replace such emergency standard.

(d) Any standard promulgated shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure where appropriate. Such standard shall also prescribe suitable protective equipment and control procedures to be used in connection with such hazards and shall provide for measuring employee exposure in such manner as may be necessary for the protection of employees. In addition, where appropriate, such standard shall prescribe the type and frequency, medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to determine any adverse effect from such exposure.

(e) Any employer may apply to the commissioner for a temporary order granting a variance from a standard or any provision thereof promulgated under this section. Such temporary order shall be granted only if the employer files an application which meets the requirements of subsection (f) of this section and establishes that the employer (1) is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date, (2) is taking all available steps to safeguard employees against the hazards covered by the standard, and (3) has an effective program for coming into compliance with the standard as quickly as practicable. Any temporary order issued under this subsection shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail the employer's program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing, provided the commissioner may issue one interim order to be effective until a decision is made on the basis of the hearing. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice as long as the requirements of this subsection are met and if an application for renewal is filed at least ninety days prior to the expiration date of the order. No interim renewal of an order may remain in effect longer than one hundred eighty days.

(f) An application for a temporary variance order shall contain: (1) A specification of the standard or portion thereof from which the employer seeks a variance; (2) a representation by the employer, supported by representations from qualified persons who have firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor; (3) a statement of the steps he has taken and will take, with specific dates, to protect employees against the hazard covered by the standard; (4) a statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take, with dates specified, to come into compliance with the standard; and (5) a certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the commissioner for a hearing. The commissioner is also authorized to grant a variance from any standard or portion thereof whenever he determines that such variance is necessary to permit an employer to participate in an experiment approved by him designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.

(g) Any affected employer may apply to the commissioner for a rule or order for a variance from a standard promulgated under this section. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The commissioner shall issue such rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer or employees, or by the commissioner on his own motion, in the manner prescribed for its issuance under this subsection at any time after six months from its issuance.

(h) Any person who may be adversely affected by a standard or regulation issued under this section may challenge the validity or applicability of such standard or regulation by bringing an action for a declaratory judgment in accordance with section 4-175 .

Cited. 184 C. 173.
Conn. Gen. Stat. § 31-310 — Connecticut Code / Title 31 / Chapter 568 / Section 31-310
Sec. 31-310. Determination of average weekly wage of injured worker. Concurrent employment. Payments from Second Injury Fund. Publication of wage tables.
Status: in_force

(b) Each August fifteenth, the chairperson of the Workers' Compensation Commission, in consultation with the advisory board, shall publish tables of the average weekly wage and seventy-five per cent of the average weekly wage after being reduced by any deduction for federal or state taxes, or both, and for the federal Insurance Contributions Act, to be effective the following October first, except that not later than June thirtieth, the chairperson, in consultation with the advisory board, shall publish tables of the average weekly wage and seventy-five per cent of the average weekly wage after being reduced by any deduction for federal or state taxes, or both, and for the federal Insurance Contributions Act, to be effective during the period July 1, 1993, to October 1, 1993. Such tables shall be conclusive for the purpose of determining seventy-five per cent of the average weekly earnings of an injured employee after such earnings have been reduced by any deduction for federal or state taxes, or both, and for the federal Insurance Contributions Act made from such employee's total wages received during the period of calculation of the employee's average weekly wage for purposes of sections 31-306 , 31-307 and 31-308 .

Construed. 95 C. 607. Applies if employee worked 2 weeks in all within the last 26, though not continuously. 98 C. 820. Basis of compensation is average wage 26 weeks before incapacity occurs, though not in employ of employer in whose service disease is contracted. 114 C. 24; 116 C. 193. When allowance for board and room is added to weekly wage. 114 C. 410. Cited. 121 C. 152. Determination of average wage on basis of allowance for truck and hourly rate. 124 C. 433. Average weekly wage. 126 C. 265; 129 C. 591. Prevailing wage in same locality. Id., 234. Working for more than one employer. 133 C. 215. Cited. 135 C. 500. “Prevailing” wage held to be the wage earned by part-time workers engaged for 1 day a week. 136 C. 107. Construed with Sec. 31-308 when employee holds two jobs. 145 C. 101. Industrial corporation employee who was member of volunteer fire department was not person who worked for more than one employer within meaning of section. 159 C. 53. Cited. 203 C. 34; 220 C. 721. Recovery of either salary benefits under Sec. 5-142(a) or workers' compensation benefits including right to receive concurrent employment benefits under this section discussed. Id., 739. Cited. 221 C. 356; 223 C. 911. Injured volunteer firefighters do not come within concurrent employment provisions of section. 224 C. 479. Injured employee's workers' compensation benefit rate to be determined in case of traumatic injury by reference to his earnings preceding the date on which he became incapacitated. 231 C. 529. Provides method for calculating average weekly wage of individual who was unemployed when disease manifested itself. 245 C. 66. “Wages” do not include insurance and pension benefits. 247 C. 126.

Cited. 12 CA 138; 29 CA 559; 44 CA 112; Id., 397. Formula to establish average weekly wage is clear and unambiguous, includes employee's part-time employment and does not include earnings from another part-time job during year prior to injury. 47 CA 628. Weeks for which an employee has received vacation pay, and was not physically at work, are to be included in the divisor of the formula calculating such employee's average weekly wage. 163 CA 362.

Cited. 5 CS 10. When plaintiff on “call” or “daily list”, held that each day is an independent contract of employment. Id., 49. Where part-time worker is injured, wages criterion is that of men similarly employed. 16 CS 30. Cited. Id., 164. Where apprentice employee was totally incapacitated, amount received as war service subsistence allowance was not to be computed as “amount he is able to earn”, thus classifying employee as partially incapacitated under Sec. 31-162. Id., 481.

Subsec. (b):

Applies only to those employees whose income is subject to deduction for contribution to FICA; because it would be inefficient and unduly burdensome to require case-by-case calculations of compensation rates, there is a rational basis for treating employees who contribute to FICA different from employees who do not contribute to FICA, and statute thus does not violate equal protection clauses of federal and state constitutions. 259 C. 783.
Conn. Gen. Stat. § 31-371 — Connecticut Code / Title 31 / Chapter 571 / Section 31-371
Sec. 31-371. Regulations.
Status: in_force

(a) Provide for the preparation, adoption, amendment or repeal of regulations governing the conditions of employment of general and special application in all work places;

(b) Provide a method of encouraging employers and employees in their efforts to reduce the number of safety and health hazards arising from undesirable, inappropriate or unnecessary working conditions at the work place and of stimulating employers and employees to institute new, and to perfect existing, programs for providing safe and healthful working conditions;

(c) Provide for appropriate reporting procedures by employers with respect to such information relating to conditions of employment as will assist in achieving the objectives of this chapter;

(d) Provide for the frequency, method and manner of making inspections of work places without advance notice, provided, in the event of an emergency or unusual situation, the commissioner may give advance notice;

(e) Provide for the publication and dissemination to employers, employees and labor organizations, and the posting, where appropriate, by employers of informational, education or training materials calculated to aid and assist in achieving the objectives of this chapter;

(f) Provide for the establishment of new, and the perfection and expansion of existing, programs for occupational safety and health education for employers and employees and institute methods and procedures for the establishment of a program for voluntary compliance by employers and employees with the requirements of this chapter and all applicable safety and health standards and regulations promulgated pursuant to the authority of this chapter.
Conn. Gen. Stat. § 31-243 — Connecticut Code / Title 31 / Chapter 567 / Section 31-243
Sec. 31-243. Continuous jurisdiction.
Status: in_force

Permits change of decision because of modifying circumstances and is limited to that. 161 C. 362. A limitation on administrator's power to oppose plaintiff's appeal does not exist under statute. 192 C. 104. Cited. Id., 581.

Administrator without power to review a decision made more than 6 months previously. 20 CS 107. Recovery of overpayment, when. 30 CS 123.
Conn. Gen. Stat. § 31-237c — Connecticut Code / Title 31 / Chapter 567 / Section 31-237c
Sec. 31-237c. Employment Security Board of Review. Appointment of members, chairman, alternate members.
Status: in_force

(b) The Governor shall have the authority to appoint one or more alternate members to the board. Alternate members shall have the power to complete any matter pending at the expiration of the terms for which they were appointed. Alternate members of the board shall serve at any time when so delegated by the Governor and the board and while so serving shall have all the powers of members of the board. Whenever an alternate member serves in place of a member of the board, he shall represent the same interest as the member in whose place he serves and shall be selected as such representative based upon previous vocation, employment or affiliation. The board may, at its option, require alternate members to sit with it in the fulfillment of any function of the board. Any alternate member shall receive one hundred fifty dollars in lieu of expenses for each day during which he performs the duties of a member of the board.
Conn. Gen. Stat. § 31-120 — Connecticut Code / Title 31 / Chapter 562 / Section 31-120
Sec. 31-120. Picketing of residences.
Status: in_force

Cited. 186 C. 247; 190 C. 371. Statute is a “constitutionally impermissible regulation of speech that violates the first and fourteenth amendments” to U.S. Constitution. 203 C. 624.

Residential picketing is prohibited by labor groups on labor issues only and statute is not extended beyond that. 6 Conn. Cir. Ct. 372.
Conn. Gen. Stat. § 31-269 — Connecticut Code / Title 31 / Chapter 567 / Section 31-269
Sec. 31-269. Refunds and deficiencies.
Status: in_force

Cited. 125 C. 302; 126 C. 115; 127 C. 176; Id., 181; 128 C. 87; 133 C. 117; 314 U.S. 569. Despite plaintiff's failure to make timely claim for rehiring credits, administrator must refund overpayment. 139 C. 402. Cited. 163 C. 401; 175 C. 269.
Conn. Gen. Stat. § 31-71k — Connecticut Code / Title 31 / Chapter 558 / Section 31-71k
Sec. 31-71k. Payment of wages by payroll cards. Study of payroll card usage. Regulations.
Status: in_force

(1) “Direct deposit” means the electronic payment of an employee's wages, salary or other compensation that is deposited into such employee's account in any bank, Connecticut credit union or federal credit union that has agreed with the employer to accept such wages, salary or other compensation;

(2) “Payroll card” means a stored value card or other device used by an employee to access wages from a payroll card account and that is redeemable at the employee's election at multiple unaffiliated merchants or service providers, bank branches or automated teller machines. Payroll card does not mean a gift certificate, as defined in section 3-56a ; and

(3) “Payroll card account” means an account in any bank, Connecticut credit union or federal credit union that is directly or indirectly established through an employer to which transfers of the employee's wages, salary or other compensation are made and accessed through the use of a payroll card and that is subject to the requirements of Regulation E, 12 CFR Part 1005, as from time to time amended.

(b) An employer may offer the use of payroll cards to deliver wages, salary or other compensation to employees, provided:

(1) Each employee has the option of receiving wages, salary or other compensation by direct deposit and by negotiable check; and

(2) The employee voluntarily and expressly authorizes, in writing or electronically, the payment of wages, salary or other compensation by means of a payroll card account without any intimidation, coercion or fear of discharge or reprisal from the employer for the employee's refusal to accept such payment of wages, salary or other compensation by means of a payroll card account. No employer shall make the payment of wages, salary or other compensation by means of a payroll card account a condition of employment or a condition for the receipt of any benefit or other form of remuneration for any employee.

(c) Prior to an employee electing to receive wages, salary or other compensation by means of a payroll card account, each employer using payroll card accounts to deliver wages, salary or other compensation to an employee shall provide such employee with clear and conspicuous notice, in writing, and in the language the employer normally uses to communicate employment-related polices to his or her employees, of the following:

(1) That payment of wages, salary or other compensation by means of a payroll card account is voluntary and the employee may instead choose to receive wages, salary or other compensation by either direct deposit or by negotiable check;

(2) The terms and conditions relating to the use of the payroll card, including an itemized list of fees that may be assessed by the card issuer and their amounts;

(3) The methods available to employees both for accessing their full wages, salary or other compensation in lawful money of the United States without any transaction fee to the employee for such access and for avoiding or minimizing fees for use of the payroll card, including, but not limited to, a clear and conspicuous notice describing how to access wages, salary or other compensation without cost at automated teller machines, depository financial institutions or other convenient locations;

(4) The methods available to employees for checking their balances in the payroll card account without cost; and

(5) A statement indicating that third parties may assess additional fees.

(d) Each pay period, but not more frequently than each week, an employee with a payroll card shall be allowed to make at least three withdrawals from the payroll card account at no cost to the employee, one of which permits withdrawal of the full amount of the employee's net wages, salary or other compensation for the pay period at a depository financial institution or other convenient location.

(e) None of the employer's costs associated with paying wages, salary or other compensation using a payroll card or establishing the payroll card account shall be deducted from or charged against the wages, salary or other compensation delivered to the employee.

(f) (1) Neither the employer nor the payroll card issuer shall assess a fee to the employee for any of the following, regardless of how such fee is labeled: (A) Issuing the initial payroll card; (B) transferring wages, salary or other compensation from the employer to the payroll card account; (C) maintaining a payroll card account; (D) providing one replacement card per calendar year upon the employee's request; (E) closing the payroll card account; (F) maintaining a low balance; (G) inactivity or dormancy of the payroll card account for the first twelve months of inactivity or dormancy; or (H) point-of-sale transactions.

(2) A payroll card may bear an expiration date, provided (A) the funds in the payroll card account do not expire; and (B) prior to the expiration date, the employee is provided with a replacement card, without charge, during the period when wages, salary or other compensation are applied to the payroll card account by the employer and for sixty days after the last transfer of wages, salary or other compensation is applied to the payroll card account by the employer.

(3) The payroll card account may escheat to the state pursuant to the provisions of section 3-57a .

(g) Each employer shall provide the employee a means of checking his or her payroll card account balance through an automated telephone system, automated teller machine or electronically without cost to the employee twenty-four hours per day and seven days per week.

(h) Neither the payroll card nor the payroll card account shall be linked to any form of credit and, to the extent technologically feasible, the payroll card account shall not allow for overdrafts. No fees or interest may be imposed upon the employee for an overdraft or the first two declined transactions of each calendar month.

(i) The employer shall furnish the employee with a statement of deductions made from his or her wages, salary or other compensation for each pay period in accordance with section 31-13a .

(j) Each employee with a payroll card shall be permitted, on timely notice to the employer and without cost or fear of reprisal or discrimination or the assessment of any penalty, to receive his or her wages, salary or other compensation by direct deposit into a personal account at any bank, Connecticut credit union or federal credit union that has agreed to accept such deposits or by negotiable check. The employer shall begin payment by direct deposit as soon as practicable but not later than the first pay day after fourteen days from receiving both the employee's request and the account information necessary to make the deposit, or by check as soon as practicable but not later than the first pay day after fourteen days from receiving the employee's request.

(k) Consumer protections, including transaction histories and advanced notice of changes in terms and conditions, shall be provided to each employee with a payroll card in accordance with Regulation E, 12 CFR Part 1005, as from time to time amended. Notwithstanding the foregoing, employees shall be provided the option to receive, on a monthly basis, automatic written transaction histories at no cost to the employee for a term of at least twelve months or until such option is cancelled by the employee. Renewal of the option to receive written transaction histories at no cost to the employee may be required by the employer upon expiration of the initial twelve-month term, and each twelve-month term thereafter.

(l) The payroll card shall be associated with an automated teller machine network that ensures the availability of a substantial number of in-network automated teller machines in the state.

(m) Wages, salary or other compensation paid to an employee using a payroll card shall be deposited in a payroll card account that is insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration on a pass-through basis to the employee.

(n) A payroll card account that is used to receive only employee wages, salary or other compensation shall be exempt from execution or attachment (1) by creditors of the employer, and (2) under section 52-367b .

(o) All notices required by the provisions of this section shall be clear and conspicuous.

(p) Nothing in this section shall be construed to preempt or override the terms of any collective bargaining agreement with respect to the methods by which an employer provides payment of wages, salary or other compensation to employees.

(q) Nothing in this section shall be construed to restrict the fees that a payroll card issuer may charge the employer pursuant to a payroll card agreement between the payroll card issuer and the employer, provided those fees are not charged to or passed on to any employee.

(r) The employer's obligations to the employee pursuant to the provisions of this section shall cease sixty days after the employer-employee relationship has ended.

(s) The Labor Commissioner may adopt regulations, in accordance with the provisions of chapter 54, to ensure compliance with this section.
Conn. Gen. Stat. § 31-22q — Connecticut Code / Title 31 / Chapter 557 / Section 31-22q
Sec. 31-22q. (Formerly Sec. 31-51e). Program of apprentice training. Informational campaign.
Status: in_force

(b) Not later than January 1, 2015, and annually thereafter, the Labor Department shall develop or approve an informational campaign to distribute to Workforce Investment Boards, CTWorks One-Stop Career Centers and similar job centers within the state. The informational campaign shall include a description of the program of apprentice training maintained in the department and shall address common misperceptions regarding such program and the various opportunities and benefits that apprenticeship training may provide for unemployed individuals within the state.
Conn. Gen. Stat. § 31-376 — Connecticut Code / Title 31 / Chapter 571 / Section 31-376
Sec. 31-376. Occupational Safety and Health Review Commission.
Status: in_force

(b) Members of the review commission shall serve terms of four years and until their successors are appointed.

(c) A member of the review commission shall hear and rule on appeals from citations, notifications and penalties issued under the provisions of this chapter. The commissioner shall adopt and promulgate rules and regulations with respect to the procedural aspect of the review commission hearings.

(d) Any commission member hearing an appeal or appeals under the provisions of this chapter shall be paid one hundred twenty-five dollars per diem. The members shall alternate the hearing of such appeals according to a schedule adopted by the commissioner. If a member is unable to hear an appeal, the next available member, in accordance with such schedule, shall hear the appeal. A member shall be selected to hear an appeal within thirty days after the date it was filed.

(e) Any staff necessary for the purposes of such hearings shall be provided by the Labor Department.

(f) In the conduct of hearings the review commission or hearing officer may subpoena and examine witnesses, require the production of evidence, administer oaths and take testimony and depositions.

(g) After hearing an appeal the review commission member may sustain, modify or dismiss a citation or penalty, provided such decision shall be issued within one hundred twenty days after the date the appeal was filed.

See Sec. 4-38f for definition of “administrative purposes only”.
Conn. Gen. Stat. § 31-71c — Connecticut Code / Title 31 / Chapter 558 / Section 31-71c
Sec. 31-71c. Payment of wages on termination of employment.
Status: in_force

(b) Whenever an employer discharges an employee, the employer shall pay the employee's wages in full not later than the business day next succeeding the date of such discharge.

(c) When work of any employee is suspended as a result of a labor dispute, or when an employee for any reason is laid off, the employer shall pay in full to such employee the wages earned by him not later than the next regular pay day, as designated under section 31-71b .

Cited. 212 C. 294.

Cited. 40 CS 246.
Conn. Gen. Stat. § 31-109 — Connecticut Code / Title 31 / Chapter 561 / Section 31-109
Sec. 31-109. Enforcement of orders. Appeals.
Status: in_force

(b) No objection that has not been urged before the board shall be considered by the court, unless the failure to urge such objection is excused because of extraordinary circumstances. The findings of the board as to the facts, if supported by substantial evidence, shall be conclusive. If either party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the board, the court may order such additional evidence to be taken before the board and to be made part of the transcript. The board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken, and it shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order.

(c) The jurisdiction of the Superior Court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Appellate Court, on appeal, by either party, irrespective of the nature of the decree or judgment or the amount involved. Such appeal shall be taken and prosecuted in the same manner and form and with the same effect as is provided under section 51-197b .

(d) Any person aggrieved by a final order of the board granting or denying in whole or in part the relief sought may appeal pursuant to the provisions of chapter 54 to the superior court for the judicial district where the unfair labor practice was alleged to have occurred, in the judicial district of Hartford, or in the judicial district wherein such person resides or transacts business.

(e) Any employer who appeals from an order or part of an order containing a direction to pay back pay to employees need not comply with so much of such order as directs such payment during the pendency of an appeal to the Superior Court or the Appellate Court.

(f) Except as provided in subsection (e) of this section, unless otherwise directed by the court, commencement of proceedings under subsections (a) and (d) of this section shall not operate as a stay of such order.

(g) Petitions filed under this section shall be heard expeditiously and determined upon the transcript filed, without requirement of printing. Hearings in the Superior Court or Appellate Court under this chapter shall take precedence over all other matters, except matters of the same character.

Cited. 142 C. 457; 173 C. 210; 175 C. 165; Id., 625.

Cited. 8 CA 57.

Board's decision conclusive if supported by substantial evidence. 14 CS 72; 19 CS 283. Court should allow reasonable time in which to act after modification. 17 CS 293. Certification of bargaining agent is not an order which is reviewable. 22 CS 132; Id., 133. Specification of reasons why appellant claims to be aggrieved should be set forth in appeal. Id. Cited. 39 CS 338.

Subsec. (b):

Substantial evidence defined. 147 C. 142. On review, Superior Court can do no more, on factual questions presented, than to examine record to determine whether ultimate findings were supported by substantial evidence; substantial evidence defined. 148 C. 135. Cited. 149 C. 7. As long as there is substantial evidence supporting board's findings, court is unable to interfere. 150 C. 597. Finding of fact by board cannot be disturbed unless not supported by substantial evidence. 160 C. 285. Cited. 175 C. 349.

Subsec. (c):

Appeal to Supreme Court from judgment of Superior Court rendered pursuant to Municipal Employees Relations Act is to be taken and prosecuted in same manner as other appeals to Supreme Court. 159 C. 46.

Subsec. (d):

Labor relations board decision as to appropriate bargaining unit and directing an election among members of that unit is not a final order of board and not directly appealable. 154 C. 530.

Cited. 8 CA 197.

Cited. 36 CS 18; 38 CS 80; 43 CS 340.
Conn. Gen. Stat. § 31-57aa — Connecticut Code / Title 31 / Chapter 557 / Section 31-57aa
Sec. 31-57aa. Relocation of call center to foreign country. Notice to commissioner. Penalty. Annual list. Ineligibility for state financial support. State contracts.
Status: in_force

(1) “Call center” means a facility or other operation through which employees receive telephone calls or electronic communication for the purpose of providing customer assistance or other customer service;

(2) “Employer” means a business entity that employs (A) fifty or more employees, excluding part-time employees; or (B) fifty or more employees that in the aggregate work at least fifteen hundred hours per week, excluding overtime hours, for the purpose of staffing a call center;

(3) “Part-time employee” means an employee who is employed for an average of fewer than twenty hours per week or who has been employed for fewer than six of the twelve months preceding the date on which notice is required under this section; and

(4) “Commissioner” means the Labor Commissioner.

(b) A call center employer that intends to relocate a call center, or one or more facilities or operating units within a call center comprising not less than thirty per cent of the call center's or operating unit's total call volume, when compared to the previous twelve-month average call volume of operations or substantially similar operations, from this state to a foreign country shall notify the commissioner at least one hundred days prior to such relocation.

(c) A call center employer that violates subsection (b) of this section shall be subject to a civil penalty not to exceed ten thousand dollars for each day of such violation, except that the commissioner may reduce such amount for just cause shown.

(d) The commissioner shall compile an annual list of each call center employer that relocated a call center, or one or more facilities or operating units within a call center comprising at least thirty per cent of the call center's total volume of operations, from this state to a foreign country. The commissioner shall make such list available to the public and shall prominently display a link to such list on the Labor Department's Internet web site.

(e) Except as provided in subsection (g) of this section and notwithstanding any other provision of the general statutes, a call center employer on the annual list compiled under subsection (d) of this section shall be ineligible for any direct or indirect state grants, state guaranteed loans, state tax benefits or other state financial support for a period of five years from the date such list is published.

(f) Except as provided in subsection (g) of this section and notwithstanding any other provision of the general statutes, a call center employer on the annual list compiled under subsection (d) of this section shall remit the unamortized value of any state grant, guaranteed loan, state tax benefit or other state financial support such call center employer has received in the five-year period prior to the date such call center was placed on such list. Nothing in this section shall be deemed to prevent an employer from receiving any grant to provide training or other employment assistance to individuals who are selected as being in particular need of training or other employment assistance due to the transfer or relocation of the employer's call center, facility or operating units.

(g) The commissioner, in consultation with the appropriate agency providing a loan or grant, may waive the ineligibility for state financial support under subsection (e) of this section and the remittance requirement under subsection (f) of this section if the employer demonstrates that such ineligibility and requirement would: (1) Threaten state or national security, (2) result in substantial job loss in this state, or (3) harm the environment.

(h) The department head of each state agency shall ensure that for all new contracts or new agreements entered into on and after October 1, 2021, all state business-related call center and customer service work is performed by state contractors or other agents or subcontractors entirely within this state, except that, if any such contractor, other agent or subcontractor performs work outside this state and adds customer service employees who will perform work pursuant to such new contracts or agreements, such new employees shall immediately be employed within this state. Businesses subject to a contract or agreement agreed to prior to October 1, 2021, with terms extending beyond October 1, 2023, shall be subject to the provisions of this subsection if the contract or agreement is renewed.

(i) No provision of this section shall be construed to permit withholding or denial of payments, compensation or benefits under any other provision of the general statutes, including, but not limited to, state unemployment compensation, disability payments or worker retraining or readjustment funds, to workers employed by employers that relocate from this state to a foreign country.

(j) Nothing in this section shall be construed as creating a private cause of action against an employer who has violated, or is alleged to have violated, any provision of this section.
Conn. Gen. Stat. § 31-101 — Connecticut Code / Title 31 / Chapter 561 / Section 31-101
Sec. 31-101. Definitions.
Status: in_force

(1) “Agent” means the representative of the board who handles all investigations of complaints and violations of this chapter;

(2) “Board” means the labor relations board provided for in section 31-102 ;

(3) “Commissioner” means the Labor Commissioner or any representative designated by him;

(4) “Company union” means any committee, employee representation plan or association of employees which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms and conditions of employment which the employer has initiated or created or whose initiation or creation he has suggested or participated in or the formulation of whose governing rules or policies or the conduct of whose management, policies or elections the employer participates in or supervises or which the employer manages, finances, controls, dominates or assists in maintaining or financing, whether by compensation to anyone for service performed in its behalf or by donating free service, equipment, materials, office or meeting space or anything else of value or by any other means;

(5) “Department” means the Labor Department;

(6) “Employee” includes, but shall not be restricted to, any individual employed by a labor organization, any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, and shall not be limited to the employees of a particular employer; but shall not include any individual employed by his parent or spouse or in the domestic service of any person in his home, any individual employed only for the duration of a labor dispute or any individual employed as an agricultural worker;

(7) “Employer” means any person acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include any person engaged in farming, or any person subject to the provisions of the National Labor Relations Act, unless the National Labor Relations Board has declined to assert jurisdiction over such person, or any person subject to the provisions of the Federal Railway Labor Act, or the state or any political or civil subdivision thereof or any religious agency or corporation, or any labor organization, except when acting as an employer, or any one acting as an officer or agent of such labor organization. An employer licensed by the Department of Public Health under section 19a-490 shall be subject to the provisions of this chapter with respect to all its employees except those licensed under chapter 379, unless such employer is the state or any political subdivision thereof;

(8) “Labor dispute” includes, but shall not be restricted to, any controversy between employers and employees or their representatives concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiating, fixing or maintaining, or seeking to negotiate, fix, maintain or change, terms or conditions of employment;

(9) “Labor organization” means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection, and which is not a company union as defined herein;

(10) “Person” includes individuals, partnerships, associations, corporations, limited liability companies, trustees, receivers and legal representatives;

(11) “Representative” includes a labor organization or an individual, whether or not employed by the employer or those whom he represents;

(12) “Unfair labor practice” means only those unfair labor practices listed in section 31-105 ;

(13) “Supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment, and such individuals shall be “employees” within the meaning of subdivision (6) of this section;

(14) “Professional employee” means (A) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes; or (B) any employee who (i) has completed the courses of specialized intellectual instruction and study described in clause (iv) of subparagraph (A), and (ii) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in subparagraph (A).

Cited. 142 C. 457. Definitional section does not provide exclusion for nonprofit entities. 175 C. 165. Cited. 201 C. 685.

Cited. 22 CS 31; Id., 140.
Conn. Gen. Stat. § 31-237j — Connecticut Code / Title 31 / Chapter 567 / Section 31-237j
Sec. 31-237j. Appeals to referee section; jurisdiction, venue; panel of referees.
Status: in_force

(b) The referees shall have state-wide jurisdiction and venue, and referee proceedings shall be conducted (1) by telephone or other electronic means, or (2) at the request of either party, in person at locations within the state designated by the executive head of the Employment Security Appeals Division.

(c) The chief referee may appoint a panel of three referees to hear and decide any appeal involving (1) complex issues of fact, (2) complex issues of law, (3) multiple parties, or (4) numerous witnesses. The decision on all such appeals shall be by a majority vote of the full panel.

Cited. 6 CA 588.
Conn. Gen. Stat. § 31-131 — Connecticut Code / Title 31 / Chapter 564 / Section 31-131
Sec. 31-131. Fees. Receipt for fee. Agreements with applicant.
Status: in_force

(b) No licensed person shall require any applicant to sign any document, agreement or paper setting forth the amount of the fee to be paid to the licensed person or the terms of payment of such fee except on such forms as have been approved by the commissioner as permitted by sections 31-129 to 31-131c , inclusive, and any document, agreement or paper made or executed contrary to the provisions of said sections shall be void and unenforceable both in law and equity. All conditions in any document, paper or agreement, which such applicant is requested to sign, shall be printed in no smaller than twelve point type, of standard width and standard weight. Such agreement shall contain only such terms and clauses for delinquent accounts or unpaid fees as are approved by the Labor Commissioner or, if suit is commenced, such costs and legal fees as are determined by the court. Any applicant who signs such a document, agreement or paper with a licensed person shall, at the time he signs, be given a duplicate copy of the same by the licensed person and such applicant shall not be bound by any terms or conditions except those contained therein. Such duplicate copy shall have printed on it or attached to it a copy of subsection (a) of this section, and a copy of the schedule of fees of such licensed person on file with the Labor Department.

When inapplicable to hiring by employment agency. 29 CS 490. Cited. 32 CS 79.
Conn. Gen. Stat. § 31-307a — Connecticut Code / Title 31 / Chapter 568 / Section 31-307a
Sec. 31-307a. Cost-of-living adjustment in compensation rates.
Status: in_force

(b) The weekly compensation rate of each employee entitled to receive compensation under section 31-307 as a result of an injury sustained prior to October 1, 1969, which has disabled the employee for a period extending to October 1, 1969, or thereafter shall be adjusted as of October 1, 1969, and annually thereafter, as provided in this subsection to provide the injured employee with a partial cost-of-living adjustment in his or her weekly compensation rate. The weekly compensation rate paid prior to October 1, 1969, to the injured employee shall be increased as of October 1, 1969, by the amount that the maximum weekly compensation rate as determined under section 31-309 to be effective for injuries sustained on or after October 1, 1969, is greater than the maximum weekly compensation rate as determined under section 31-309 to be effective for injuries sustained on or after October 1, 1965, or the date of the injury, whichever is later, but not more than fifteen dollars per week. Thereafter, increases, if any, for cost-of-living as provided in subsection (a) of this section shall be added to the amount of weekly compensation payable as of the date of the injury or October 1, 1990, whichever is later. The partial cost-of-living adjustments provided under this subsection shall be paid by the employer without any order or award from the administrative law judge. The adjustments shall apply to each payment made in the next twelve-month period, on or after October 1, 1969. The cost of the adjustments shall be paid by the employer or the employer's insurance carrier who shall be reimbursed therefor from the Second Injury Fund as provided in section 31-354 upon presentation of any vouchers and information that the Treasurer shall require. No claim for payment of retroactive benefits may be made to the Second Injury Fund more than two years after the date on which the employer or its insurance carrier paid such benefits in accordance with this subsection.

(c) On and after October 1, 1997, the weekly compensation rate of each employee entitled to receive compensation under section 31-307 as a result of an injury sustained on or after July 1, 1993, which totally incapacitates the employee permanently, shall be adjusted as provided in this subsection as of October 1, 1997, or the October first following the injury date, whichever is later, and annually on each subsequent October first, to provide the injured employee with a cost-of-living adjustment in his or her weekly compensation rate as determined as of the date of injury under section 31-309 . If the maximum weekly compensation rate, as determined under the provisions of said section 31-309 , to be effective as of any October first following the date of the injury, is greater than the maximum weekly compensation rate prevailing as of the date of injury, the weekly compensation rate which the injured employee was entitled to receive as of the date of injury shall be increased by the percentage of the increase in the maximum weekly compensation rate required by the provisions of said section 31-309 from the date of the injury to such October first. The cost-of-living adjustments provided under this subdivision shall be paid by the employer without any order or award from the administrative law judge. The adjustments shall apply to each payment made in the next succeeding twelve-month period commencing with October 1, 1997, or the October first next succeeding the date of injury, whichever is later. With respect to any employee receiving benefits on October 1, 1997, with respect to any such injury occurring on or after July 1, 1993, and before October 1, 1997, or with respect to any employee who was adjudicated to be totally incapacitated permanently subsequent to the date of his or her injury or is totally incapacitated permanently due to the fact that the employee has been totally incapacitated by such an injury for a period of five years or more, such benefit shall be recalculated to October 1, 1997, to the date of such adjudication or to the end of such five-year period, as the case may be, as if such benefits had been subject to recalculation annually under the provisions of this subsection. The difference between the amount of any benefits which would have been paid to such employee if such benefits had been subject to such recalculation and the actual amount of benefits paid during the period between such injury and such recalculation shall be paid to the dependent not later than December 1, 1997, or thirty days after such adjudication or the end of such period, as the case may be, in a lump-sum payment. The employer or the employer's insurer shall be reimbursed by the Second Injury Fund, as provided in section 31-354 , for adjustments, including lump-sum payments, payable under this subsection for compensable injuries occurring on or after July 1, 1993, and before October 1, 1997, upon presentation of any vouchers and information that the Treasurer shall require. No claim for payment of retroactive benefits may be made to the Second Injury Fund more than two years after the date on which the employer or its insurance carrier paid such benefits in accordance with this subsection.

Cited. 239 C. 676.

Cited. 45 CA 324.

Subsec. (c):

P.A. 97-205, which reinstated cost-of-living-adjustments, also provided that fund, rather than employers and insurers, was responsible for paying such adjustments to qualified employees who sustained compensable injuries on or after July 1, 1993, and before October 1, 1997. 262 C. 416.
Conn. Gen. Stat. § 31-66 — Connecticut Code / Title 31 / Chapter 558 / Section 31-66
Sec. 31-66. Employers' records. Orders to be posted.
Status: in_force

See Sec. 31-13a re requirement that employers furnish employees with record of hours worked, wages earned and deductions.

Officer of corporation, whose duties are supervisory and whose hours are not controlled and whose compensation is not dependent on hours worked, is not within contemplation of statute. 129 C. 344. Cited. 223 C. 573.

Where duties of a nominal president are insignificant and he performs the same kind and class of work as other employees, such person is an employee. 10 CS 171.
Conn. Gen. Stat. § 31-270 — Connecticut Code / Title 31 / Chapter 567 / Section 31-270
Sec. 31-270. Failure of employer to file report of contributions due. Appeal from action of administrator.
Status: in_force

See Sec. 31-272(b) re limitation on fees and costs in proceedings regarding claims for benefits.

Cited. 125 C. 302; 126 C. 115; 127 C. 176; Id., 181; 128 C. 87; 133 C. 117; 135 C. 103; 314 U.S. 569; 175 C. 269; 179 C. 507; 216 C. 237; 225 C. 99.

In appeal from the action of administrator, the court must try the issue de novo. 8 CS 144. Cited. 9 CS 237. The employer must keep accurate records of expense accounts. Id., 244. Cited. Id., 429; 11 CS 340; 22 CS 100. On appeal, court's function is only to ascertain whether administrator's conclusion was unreasonable, arbitrary or illegal. Id., 104. Cited. 42 CS 376.
Conn. Gen. Stat. § 31-53a — Connecticut Code / Title 31 / Chapter 557 / Section 31-53a
Sec. 31-53a. Distribution of accrued payments. Debarment list. Limitation on awarding contracts. Sworn affidavits required of subcontractors. Civil penalty. Right of action.
Status: in_force

(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.

Cited. 223 C. 573.
Conn. Gen. Stat. § 31-51ss — Connecticut Code / Title 31 / Chapter 557 / Section 31-51ss
Sec. 31-51ss. Leave from employment for victims of family violence or sexual assault. Action for damages and reinstatement.
Status: in_force

(1) “Employer” means a person engaged in business who has three or more employees, including the state and any political subdivision of the state;

(2) “Employee” means any person engaged in service to an employer in the business of the employer;

(3) “Family violence” has the same meaning as provided in section 46b-38a ;

(4) “Leave” includes paid or unpaid leave which may include, but is not limited to, compensatory time, vacation time, personal days off or other time off; and

(5) “Sexual assault” has the same meaning as provided in section 31-57r .

(b) If an employee is a victim of family violence or sexual assault, an employer shall permit the employee to take paid or unpaid leave during any calendar year in which such leave is reasonably necessary (1) to seek medical care or psychological or other counseling for physical or psychological injury or disability for the victim, (2) to obtain services from a victim services organization on behalf of the victim, (3) to relocate due to such family violence or sexual assault, or (4) to participate in any civil or criminal proceeding related to or resulting from such family violence or sexual assault. An employer may limit unpaid leave under this section to twelve days during any calendar year. Leave under this section shall not affect any other leave provided under state or federal law.

(c) If an employee's need to use leave under this section is foreseeable, an employer may require advance notice, not to exceed seven days prior to the date such leave is to begin, of the intention to use such leave. If an employee's need for such leave is not foreseeable, an employer may require an employee to give notice of such intention as soon as practicable.

(d) Upon an employer's request, an employee who takes leave pursuant to this section shall provide the employer a signed written statement certifying that the leave is for a purpose authorized under this section. The employer may also, but need not, request that the employee provide a police or court record related to the family violence or sexual assault or a signed written statement that the employee is a victim of family violence or sexual assault, provided such statement is from an employee or agent of a victim services organization, an attorney, an employee of the Office of Victim Services within the Judicial Department or the Office of the Victim Advocate, or a licensed medical professional or other licensed professional from whom the employee has sought assistance with respect to the family violence or sexual assault.

(e) Nothing in this section shall be construed to (1) prevent employers from providing more leave than is required under this section, (2) diminish any rights provided to any employee under the terms of the employee's employment or a collective bargaining agreement, or (3) preempt or override the terms of any collective bargaining agreement effective prior to October 1, 2010.

(f) Nothing in this section shall be construed to require an employer to provide paid leave under this section if (1) the employee is not entitled to paid leave pursuant to the terms and conditions of the employee's employment, or (2) such paid leave exceeds the maximum amount of leave due the employee during any calendar year, provided the employee shall be entitled to unpaid leave under this section if paid leave is exhausted or not provided.

(g) Any written statement or police or court record provided to an employer pursuant to subsection (d) of this section shall be maintained as confidential by the employer and shall not be further disclosed by the employer except as required by federal or state law or as necessary to protect the employee's safety in the workplace, provided the employee is given notice prior to the disclosure.

(h) If an employer discharges, penalizes or threatens or otherwise coerces an employee in violation of this section, the employee, not later than one hundred eighty days from the occurrence of such action, may bring a civil action for damages and for an order requiring the employee's reinstatement or otherwise rescinding such action. If the employee prevails, the employee shall be allowed a reasonable attorney's fee to be fixed by the court.
Conn. Gen. Stat. § 31-386 — Connecticut Code / Title 31 / Chapter 572 / Section 31-386
Sec. 31-386. Definitions.
Status: in_force

(a) “Commissioners” means the Commissioner of Economic and Community Development and the Labor Commissioner;

(b) “Unemployment rate” means the rate of unemployment within any labor market area in the state as determined by the Labor Commissioner by computing the percentage of the work force within such labor market area which was unemployed during the month of March, 1975;

(c) “Eligible municipality” means any municipality with an unemployment rate equal to or greater than seven per cent of its work force in March, 1975, as certified by the Labor Commissioner;

(d) “Eligible labor market area” means a labor market area, as determined by the Labor Commissioner, with an unemployment rate equal to or greater than seven per cent of its work force in March, 1975, as certified by said Labor Commissioner; and

(e) “Emergency municipal public works employment project” means any municipal public works project considered by said commissioners for state financial assistance under this chapter.
Conn. Gen. Stat. § 31-249a — Connecticut Code / Title 31 / Chapter 567 / Section 31-249a
Sec. 31-249a. Decision of board, final date, grounds for reopening appeal, payment of benefits, exhaustion of remedies.
Status: in_force

(b) Any decision of the board may be reopened, vacated, set aside, or modified on the timely filed motion of a party aggrieved by such decision, or on the board's own timely filed motion, on grounds of new evidence or if the ends of justice so require upon good cause shown. The appeal period shall run from the date a copy of the decision entered after any such reopening, setting aside, vacation or modification, or a decision denying such motion, as the case may be, was provided to the aggrieved party, provided no such motion from any party may be accepted with regard to a decision denying a preceding motion to reopen, set aside, vacate or modify filed by the same party. An appeal to Superior Court from a board decision may be processed by the board as a motion for purposes of reopening, setting aside, vacating or modifying such decision solely in order to grant the relief requested.

(c) Benefits shall be paid or denied in accordance with the decision of the board. Where the board has determined that the claimant is eligible for benefits and an appeal has been initiated under section 31-249b , benefits shall be paid during the pendency of an appeal before the court. Judicial review of any decision shall be permitted only after a party aggrieved thereby has exhausted his or her remedies before the board, as provided in this chapter.

See Sec. 1-2a re construction of references to “United States mail”, “postmark” or “registered or certified mail”.

Cited. 192 C. 581.

Board's decision on whether to reopen a case is discretionary, not mandatory. 36 CS 210, 211. Cited. 44 CS 285.
Conn. Gen. Stat. § 31-272 — Connecticut Code / Title 31 / Chapter 567 / Section 31-272
Sec. 31-272. Protection of rights and benefits.
Status: in_force

(b) Limitation on fees and costs. Registration of and rules of conduct for authorized agents. (1) Neither the administrator nor his representatives nor the board and its referees nor any court or officer thereof shall charge or tax any fees or costs against any employee or employer in any proceeding regarding claims for benefits under this chapter, except the record fee on appeal to the Appellate Court; but when any appeal is taken to the Superior Court from the finding of the board and such appeal is found by said court to be frivolous, said court may tax costs in its discretion against the appellant. (2) Any party to any proceeding before the administrator, an examiner, a referee or the board, may be represented by an attorney or authorized agent; but no attorney or authorized agent for an individual claiming benefits shall charge or receive for such services more than that amount approved by the administrator, or by the examiner, subject to revision by the administrator, by the referee or by the board before whom the proceedings are held, as the case may be. (3) No authorized agent may represent any party before a referee or the board for a fee unless the agent is registered with the board. The board shall adopt regulations, in accordance with chapter 54, containing rules for the conduct of authorized agents, including, but not limited to, individuals, organizations and businesses, that provide representation to parties before a referee or the board for a fee. The regulations shall require the registration of all such authorized agents in such manner as the board deems appropriate and shall establish penalties, including a fine not to exceed one thousand dollars per violation and revocation of registration, for the failure of any authorized agent to follow the rules of conduct established by the board. Nothing in this subdivision shall be construed to affect the practice of authorized agents representing parties before a referee or the board for a fee prior to the effective date of such regulations.

(c) Limitations on assignment or garnishment of benefits. Except as provided in subsection (h) of section 31-227 , no assignment, pledge or encumbrance of any rights to benefits which are or may become due or payable under this chapter shall be valid; and such rights to benefits shall be exempt from levy, execution, attachment or any other process for the collection of debt until such benefits have been actually received by the employee. No waiver of any exemption provided for in this subsection shall be valid.

Cited. 128 C. 220.

Cited. 17 CS 146; 42 CS 376.

Subsec. (b):

Effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 581.
Conn. Gen. Stat. § 31-52 — Connecticut Code / Title 31 / Chapter 557 / Section 31-52
Sec. 31-52. Preference to state citizens in construction of public buildings. Enforcement of violations.
Status: in_force

(b) Each contract for the construction or repair of any building under the supervision of the state or any of its agents shall contain the following provisions: “In the employment of labor to perform the work specified herein, preference shall be given to citizens of the United States, who are, and continuously for at least three months prior to the date hereof have been, residents of the labor market area, as established by the Labor Commissioner, in which such work is to be done, and if no such qualified person is available, then to citizens who have continuously resided in the county in which the work is to be performed for at least three months prior to the date hereof, and then to citizens of the state who have continuously resided in the state at least three months prior to the date hereof.” In no event shall said provisions be deemed to abrogate or supersede, in any manner, any provision regarding residence requirements contained in a collective bargaining agreement to which the contractor is a party.

(c) No person who receives an award or contract for public works projects from the state, or who receives an order or contract for which a portion of funds is derived from the state, shall knowingly employ nonresidents of the state while residents who may qualify for such work are reasonably available for employment. In the employment of nonresidents, the construction supervisor or construction inspector assigned to the public works project shall verify that the contracting employer, by reasonable efforts, sought to obtain construction job applicants from existing employment sources in Connecticut.

(d) The agent contracting on behalf of the state or any political subdivision thereof shall investigate promptly any alleged violation of this section or section 31-52a . If said agent finds evidence of such a violation, he shall immediately notify the alleged violator of such evidence and allegations. If the alleged violator fails to take corrective action within one week, or to produce evidence which satisfies said agent that no violation has occurred, said agent shall (1) institute a civil action to recover as liquidated damages for the violation of the contract an amount equal to the wages paid to any employees employed in violation of this section or section 31-52a and cost of suit, including reasonable attorney's fees and (2) notify the office of the state's attorney in the judicial district for the area in which such work was performed so that appropriate criminal action may be instituted against the alleged violator.

(e) In contracts so financed preference in employment shall be given to citizens of the United States or any possession thereof.

(f) Nothing in this section shall abrogate or supersede any provision regarding residence requirements in a collective bargaining agreement to which the contractor is a party.

See Sec. 7-112 re applicability of section to construction, remodeling or repair of public buildings by state agencies or political subdivisions of state.

Commissioner's duty under statute is carried out when he has caused proper preference clause to be inserted in contract. 26 CS 384.
Conn. Gen. Stat. § 31-296 — Connecticut Code / Title 31 / Chapter 568 / Section 31-296
Sec. 31-296. Voluntary agreements.
Status: in_force

(b) Before discontinuing or reducing payment on account of total or partial incapacity under any such agreement, the employer or the employer's insurer, if it is claimed by or on behalf of the injured employee that such employee's incapacity still continues, shall notify the administrative law judge and the employee, in accordance with section 31-321 , of the proposed discontinuance or reduction of such payments. Such notice shall specify the reason for the proposed discontinuance or reduction and the date such proposed discontinuance or reduction will commence. No discontinuance or reduction shall become effective unless specifically approved in writing by the administrative law judge. The employee may request a hearing on any such proposed discontinuance or reduction not later than fifteen days after receipt of such notice. Any such request for a hearing shall be given priority over requests for hearings on other matters. The administrative law judge shall not approve any such discontinuance or reduction prior to the expiration of the period for requesting a hearing or the completion of such hearing, whichever is later. In any case where the administrative law judge finds that an employer has discontinued or reduced any payments made in accordance with this section without the approval of the administrative law judge, such employer shall be required to pay to the employee the total amount of all payments so discontinued or the total amount by which such payments were reduced, as the case may be, and shall be required to pay interest to the employee, at a rate of one and one-quarter per cent per month or portion of a month, on any payments so discontinued or on the total amount by which such payments were reduced, as the case may be, plus reasonable attorney's fees incurred by the employee in relation to such discontinuance or reduction.

(c) The employer's or insurer's notice of intention to discontinue or reduce payments shall (1) identify the claimant, the claimant's attorney or other representative, the employer, the insurer, and the injury, including the date of the injury, the city or town in which the injury occurred and the nature of the injury, (2) include medical documentation that (A) establishes the basis for the discontinuance or reduction of payments, and (B) identifies the claimant's attending physician, physician assistant or advanced practice registered nurse, and (3) be in substantially the following form:

IMPORTANT

STATE OF CONNECTICUT WORKERS' COMPENSATION COMMISSION

YOU ARE HEREBY NOTIFIED THAT THE EMPLOYER OR INSURER INTENDS TO REDUCE OR DISCONTINUE YOUR COMPENSATION PAYMENTS ON .... (date) FOR THE FOLLOWING REASONS:

If you object to the reduction or discontinuance of benefits as stated in this notice, YOU MUST REQUEST A HEARING NOT LATER THAN 15 DAYS after your receipt of this notice, or this notice will automatically be approved.

To request an Informal Hearing, call the Workers' Compensation Commission District Office in which your case is pending.

Be prepared to provide medical and other documentation to support your objection. For your protection, note the date when you received this notice.

Agreement for compensation approved by commissioner may be modified by him on facts not made known to him though known to the parties. 95 C. 356. Widow bound by agreement signed by her and late husband. 120 C. 280. Cited. 126 C. 491; 128 C. 578; 151 C. 559. Agreement by which employer waived all further claims under act was binding on him as waiver of his subrogation rights under Sec. 31-293. 157 C. 538. Cited. 159 C. 302; 177 C. 107; 231 C. 287; Id., 469; 233 C. 14; 237 C. 259. Sums paid pursuant to voluntary agreements are “compensation” and recoverable by employers or Second Injury Fund under Secs. 31-293 and 31-352. 259 C. 325.

Cited. 13 CA 208; 21 CA 464; 28 CA 113; 33 CA 490; 36 CA 298; 38 CA 754; 40 CA 36; 44 CA 771; 45 CA 324. Meaning of “voluntary agreement” as used in regulation Sec. 31-296-1 discussed; court was within discretion to deny request to execute voluntary agreement that was not a final settlement. 58 CA 45. Section procedural safeguards, postdeprivation remedies and public interest in providing speedy, effective, inexpensive method for determining workers' compensation claims are sufficient to satisfy due process requirements. 144 CA 413.

Cited. 4 CS 467; 28 CS 5; 42 CS 514.