Conn. Gen. Stat. § 31-57f — Connecticut Code / Title 31 / Chapter 557 / Section 31-57f
Sec. 31-57f. Standard wage rate for certain service workers. Definitions. Standard rate required. Civil penalty. Complaints. Determination of standard rate by Labor Commissioner. Effect on employers bound by collective bargaining agreements. Recordkeeping requirement. Penalty for filing false certified payroll. Exemptions. Regulations.
Status: in_force

(b) On and after July 1, 2000, the wages paid on an hourly basis to any employee of a required employer in the provision of food, building, property or equipment services provided to the state pursuant to a contract or agreement with the state or any state agent, shall be at a rate not less than the standard rate determined by the Labor Commissioner pursuant to subsection (g) of this section.

(c) Any required employer or agent of such employer that violates subsection (b) of this section shall pay a civil penalty in an amount not less than two thousand five hundred dollars but not more than five thousand dollars for each offense. Each pay period in which an employee is paid at a rate less than that required under the provisions of this section shall be a separate offense. The contracting department of the state that has imposed such civil penalty on the required employer or agent of such employer shall, within two days after taking such action, notify the Labor Commissioner, in writing, of the name of the employer or agent involved, the violations involved and steps taken to collect the fine.

(d) The Labor Commissioner may make complaint to the proper prosecuting authorities for the violation of any provision of subsection (b) of this section.

(e) For the purpose of predetermining the standard rate of covered wages on an hourly basis, the Labor Commissioner shall establish classifications for all hourly nonsupervisory employees based on the applicable occupation codes and titles set forth in the federal Register of Wage Determinations under the Service Contract Act of 1965, 41 USC 351, et seq., provided the Labor Commissioner shall classify any individual employed on or before July 1, 2009, as a grounds maintenance laborer or laborer as a janitor, and shall classify any individual hired after July 1, 2009, performing the duty of grounds maintenance laborer, laborer or janitor as a light cleaner, heavy cleaner, furniture handler or window cleaner, as appropriate. The Labor Commissioner shall then determine the standard rate of wages for each classification of hourly nonsupervisory employees which shall be (1) the prevailing rate of wages paid to employees in each classification, or if there is no such prevailing rate of wages, the minimum hourly wages set forth in the federal Register of Wage Determinations under the Service Contract Act, plus (2) the prevailing rate of benefits paid to employees in each classification, or if there is no such prevailing rate of benefits, a thirty per cent surcharge on the amount determined in subdivision (1) of this subsection to cover the cost of any health, welfare and retirement benefits, other than those otherwise required by federal, state or local law, or, if no such benefits are provided to the employees, an amount equal to thirty per cent of the amount determined in subdivision (1) of this section, which shall be paid directly to the employees. The standard rate of wages for any employee entitled to receive such rate on or before July 1, 2009, shall not be less than the minimum hourly wage for the classification set forth in the federal Register of Wage Determinations under the Service Contract Act plus the prevailing rate of benefits for such classification for as long as that employee continues to work for a required employer.

(f) Required employers with employees covered by collective bargaining agreements which call for wages and benefits that are reasonably related to the standard rate of wages shall not be economically disadvantaged in the bidding process, provided the collective bargaining agreement was arrived at through arms-length negotiations.

(g) The Labor Commissioner shall, in accordance with subsection (e) of this section, determine the standard rate of wages for each classification on an hourly basis where any covered services are to be provided, and the state agent empowered to let such contract shall contact the Labor Commissioner at least ten days prior to the date such contract will be advertised for bid, to ascertain the standard rate of wages and shall include the standard rate of wages on an hourly basis for all classifications of employment in the proposal for the contract. The standard rate of wages on an hourly basis shall, at all times, be considered the minimum rate for the classification for which it was established. Each required employer shall contact the Labor Commissioner on or before September first of each year for the duration of such contract to ascertain the standard rate of wages to be paid each year and shall make any necessary adjustments to such standard compensation paid or payable on or before October first, annually.

(h) Where a required employer is awarded a contract to perform services that are substantially the same as services that have been rendered under a predecessor contract, such required employer shall retain, for a period of ninety days, all employees who had been employed by the predecessor to perform services under such predecessor contract, except that the successor contract need not retain employees who worked less than fifteen hours per week or who had been employed at the site for less than sixty days. During such ninety-day period, the successor contract shall not discharge without just cause an employee retained pursuant to this subsection. If the performance of an employee retained pursuant to this subsection or section 4a-82 is satisfactory during the ninety-day period, the successor contractor shall offer the employee continued employment for the duration of the successor contract under the terms and conditions established by the successor contractor, or as required by law. The provisions of this subsection shall not apply to any contract covered by section 31-57g or subsections (n) and (o) of section 4a-82 .

(i) Each required employer subject to the provisions of this section shall (1) keep, maintain and preserve such records relating to the wages and hours worked by each employee and a schedule of the occupation or work classification at which each person is employed during each work day and week in such manner and form as the Labor Commissioner establishes to assure the proper payments due to such employees, (2) annually or upon written request, submit to the contracting state agent a certified payroll which shall consist of a complete copy of such records accompanied by a statement signed by the employer which indicates that (A) such records are correct, (B) the rate of wages paid to each employee is not less than the standard rate of wages required by this section, (C) such employer has complied with the provisions of this section, and (D) such employer is aware that filing a certified payroll which it knows to be false is a class D felony for which such employer may be fined not more than five thousand dollars or imprisoned not more than five years, or both, and (3) and not later than the first day upon which work is required to be performed under the contract, and for the duration of the contract, post in a prominent and accessible place a poster stating (A) the standard rate of wages owed to employees under this section, (B) employee rights and remedies for a violation of this section, and (C) the contact information of the Labor Commissioner. The Labor Commissioner shall develop a suitable a poster containing the information described in subdivision (3) of this subsection for employers and provide such poster to required employers. The Labor Commissioner shall post its determinations of the corresponding standard rates for each classification on its Internet web site. Notwithstanding the provisions of section 1-210 , the certified payroll shall be considered a public record and every person shall have the right to inspect and copy such record in accordance with the provisions of section 1-212 . The provisions of subsections (a) and (b) of section 31-59 , section 31-66 and section 31-69 which are not inconsistent with the provisions of this section shall apply. Any person who files a false certified payroll in violation of subdivision (2) of this subsection shall be guilty of a class D felony for which such person may be fined not more than five thousand dollars or imprisoned not more than five years, or both.

(j) This section shall not apply to contracts, agreements or grants which do not exceed forty-nine thousand nine hundred ninety-nine dollars per annum.

(k) Any employee or group of employees and their designated representatives alleging nonpayment of the standard rate of wages may bring a complaint to the Labor Commissioner. The Labor Commissioner, the Director of Wage and Workplace Standards and wage enforcement agents of the Labor Department shall have power to enter, during usual business hours, the place of business or employment of any employer to determine compliance with this section, and for such purpose may examine payroll and other records and interview employees, call hearings, administer oaths, take testimony under oath and take depositions in the manner provided by sections 52-148a to 52-148e , inclusive. The commissioner or the director, for such purpose, may issue subpoenas for the attendance of witnesses and the production of books and records. Any required employer, an officer or agent of such employer, or the officer or agent of any corporation, firm or partnership who wilfully fails to furnish time and wage records as required by law to the commissioner, the director or any wage enforcement agent upon request or who refuses to admit the commissioner, the director or such agent to a place of employment or who hinders or delays the commissioner, the director or such agent in the performance of any duties in the enforcement of this section shall be fined not less than twenty-five dollars nor more than one hundred dollars, and each day of such failure to furnish time and wage records to the commissioner, the director or such agent shall constitute a separate offense, and each day of refusal of admittance, of hindering or of delaying the commissioner, the director or such agent shall constitute a separate offense.

(l) An employee or group of employees aggrieved by a violation of any provision of this section may, as an alternative to bringing a complaint to the Labor Commissioner under subsection (k) of this section, bring a civil action in the Superior Court. 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, but not limited to, payment of back pay and the prevailing rate of benefits or thirty per cent surcharge, as required by subsection (e) of this section, or other equitable relief as the court deems appropriate. The court may order compensatory and punitive damages if the court finds that the employer committed a violation with malice or with reckless indifference to the provisions of this section. Any employee who prevails in a civil action may be awarded reasonable attorney's fees and costs to be taxed by the court.

(m) Notwithstanding subsection (j) of this section, any employer that pays the state for a franchise to provide food preparation or service, or both, for the state shall be required to certify that the wages and benefits paid to its employees are not less than the standard rate established pursuant to this section, provided, if no prevailing rate of wages or benefits was in effect at the time the state entered into a franchise agreement, then the employer shall not be required to pay the prevailing rate of wages or benefits during the life of the agreement, unless the agreement is amended, extended or renewed.

(n) The Labor Commissioner may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section.

(o) The provisions of this section and any regulation adopted pursuant to subsection (m) of this section shall not apply to any contract or agreement entered into before July 1, 2000.
Conn. Gen. Stat. § 31-302 — Connecticut Code / Title 31 / Chapter 568 / Section 31-302
Sec. 31-302. Payment of compensation. Commutation into monthly, quarterly or lump sums.
Status: in_force

Commutation can be made only when compensation period is definite. 96 C. 674; 98 C. 236; 108 C. 644. When commutation may be made in cases of total or partial incapacity. 120 C. 541. Award commuted into lump sum becomes final judgment. 126 C. 491. Award did not establish existence of a compensable claim. 137 C. 185. Cited. 208 C. 576; 226 C. 569.

Cited. 26 CA 194.

Record of agreement for lump-sum payment improperly excluded in action for damages for injury to person since it would have contradicted plaintiff's statement that at time of injury sued on he was suffering from no other disability. 3 Conn. Cir. Ct. 371.
Conn. Gen. Stat. § 31-57g — Connecticut Code / Title 31 / Chapter 557 / Section 31-57g
Sec. 31-57g. Employment protection for displaced service contract workers at Bradley International Airport. Definitions. Obligations of awarding authority and contractors upon termination of service contract; ninety-day retention requirement; required offer of continued employment. Civil action for damages. Penalty for violations.
Status: in_force

(2) “Contractor” means any person that enters into a service contract with the awarding authority and any subcontractors to such service contract at any tier who employs ten or more persons.

(3) “Employee” means any person engaged to perform services pursuant to a service contract, but does not include a person who is (A) a managerial, supervisory or confidential employee, including any person who would be so defined under the federal Fair Labor Standards Act, or (B) employed for less than fifteen hours per week.

(4) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust association or other entity that may employ or enter into other contracts, including the state and its political subdivisions.

(5) “Service contract” means a contract for the performance of food and beverage services at Bradley International Airport, let by the awarding authority (A) after July 1, 2001, and before July 1, 2002, provided the successor contractor had actual knowledge of the pendency in the General Assembly of proposed legislation with content similar to this section, or (B) on or after July 1, 2002.

(6) “Successor service contract” means a service contract with the awarding authority under which substantially the same services to be performed have previously been rendered to the awarding authority as part of the same program or at the same facility under another service contract or have previously been rendered by the awarding authority's own employees.

(7) “Terminated contractor” means a contractor whose service contract expires without renewal or whose contract is terminated, and includes the awarding authority itself when work previously rendered by the awarding authority's own employees is the subject of a successor service contract.

(b) Each contractor and awarding authority that enters into a service contract to be performed at Bradley International Airport shall be subject to the following obligations:

(1) The awarding authority shall give advance notice to a contractor and the exclusive bargaining representative of any of the contractor's employees, of the termination or nonrenewal of such service contract and shall provide the contractor and the exclusive bargaining representative with the name, telephone number and address of the successor contractor or contractors, if known. The terminated contractor shall, not later than three days after receipt of such notice, provide the successor contractor with the name, date of hire and employment occupation classification of each person employed by the terminated contractor at the site or sites covered by the service contract as of the date the terminated contractor receives the notice of termination or nonrenewal.

(2) On the date the service contract terminates, the terminated contractor shall provide the successor contractor with updated information concerning the name, date of hire and employment occupation classification of each person employed by the terminated contractor at the site or sites covered by the service contract, to ensure that such information is current up to the actual date of service contract termination.

(3) If the awarding authority fails to notify the terminated contractor of the identity of the successor contractor, as required by subdivision (1) of this subsection, the terminated contractor shall provide the information described in subdivision (2) of this subsection to the awarding authority not later than three days after receiving notice that the service contract will be terminated. The awarding authority shall be responsible for providing such information to the successor contractor as soon as the successor contractor has been selected.

(4) (A) Except as provided in subparagraph (D) of this subdivision, a successor contractor shall retain, for at least ninety days from the date of first performance of services under the successor service contract, all of the employees who were continuously employed by the terminated contractor at the site or sites covered by the service contract during the six-month period immediately preceding the termination or nonrenewal of such service contract, including any periods of layoff or leave with recall rights.

(B) Except as provided in subparagraph (D) of this subdivision, if the successor service contract is terminated prior to the expiration of such ninety-day period, then any contractor awarded a subsequent successor service contract shall be bound by the requirements set forth in this subsection to retain, for a new ninety-day period commencing with the onset of the subsequent successor service contract, all of the employees who were previously employed by any one or more of the terminated contractors at the site or sites covered by the service contract continuously during the six-month period immediately preceding the date of the most recently terminated service contract, including any periods of layoff or leave with recall rights.

(C) At least five days prior to the termination of a service contract, or at least fifteen days prior to the commencement of the first performance of service under a successor service contract, whichever is later, the successor contractor shall hand-deliver a written offer of employment in substantially the form set forth below to each such employee in such employee's native language or any other language in which such employee is fluent:

“IMPORTANT INFORMATION REGARDING YOUR EMPLOYMENT

To: ....(Name of employee)

We have received information that you are employed by .... (name of predecessor contractor) and are currently performing work at .... (address of worksite) .... (name of predecessor contractor's) contract to perform .... (describe services under contract) at .... (address of worksite) will terminate as of .... (last day of predecessor contract) and it will no longer be providing those services as of that date.

We are .... (name of successor contractor) and have been hired to provide services similar to those of .... (name of predecessor contractor) at .... (address of worksite). We are offering you a job with us for a ninety-day probationary period starting .... (first day of successor contract) to perform the same type of work that you have already been doing for .... (name of predecessor contractor) under the following terms:

Payrate (per hour): $....

Hours per shift: ....

Total hours per week: ....

Benefits: ....

You must respond to this offer within the next ten days. If you want to continue working at .... (address of worksite) you must let us know by .... (no later than ten days after the date of this letter). If we do not receive your response by the end of business that day, we will not hire you and you will lose your job. We can be reached at .... (successor contractor telephone number).

Connecticut state law gives you the following rights:

1. You have the right with certain exceptions, to be hired by our company for the first ninety days that we begin to provide services at .... (address of worksite).

2. During this ninety-day period, you cannot be fired without just cause.

3. If you believe that you have been fired or laid off in violation of this law, you have the right to sue us and be awarded back pay, attorneys' fees and court costs.

From: .... (Name of successor contractor)

.... (Address of successor contractor)

.... (Telephone number of successor contractor)”

Each offer of employment shall state the time within which such employee must accept such offer but in no case shall that time be less than ten days from the date of the offer of employment.

(D) The provisions of subparagraphs (A) and (B) of this subdivision shall not be construed to require a successor contractor to retain any employee whose attendance and performance records, while working under the terminated service contract, would lead a reasonably prudent employer to terminate the employee.

(5) If at any time a successor contractor determines that fewer employees are required to perform the successor service contract than were required by the terminated contractor, the successor contractor shall be required to retain such employees by seniority within each job classification, based upon the employees' total length of service at the affected site or sites.

(6) During such ninety-day period, the successor contractor shall maintain a preferential hiring list of employees eligible for retention pursuant to subdivision (4) of this subsection, who were not initially retained by the successor contractor, from which the successor contractor shall hire additional employees, if necessary.

(7) Except as provided under subdivision (5) of this subsection, during such ninety-day period, the successor contractor shall not discharge without just cause an employee retained pursuant to this section. For purposes of this subdivision, “just cause” shall be determined solely by the performance or conduct of the particular employee.

(8) If the performance of an employee retained pursuant to this section is satisfactory during the ninety-day period, the successor contractor shall offer the employee continued employment under the terms and conditions established by the successor contractor, or as required by law.

(c) (1) An employee displaced or terminated in violation of this section, or such employee's collective bargaining representative, may bring an action in Superior Court against the awarding authority, the terminated contractor or the successor contractor, jointly or severally, to recover damages for any violation of the obligations imposed under this section.

(2) If the employee prevails in such action, the court may award the employee (A) back pay, including the value of benefits, for each day during which the violation continues, that shall be calculated at a rate of compensation not less than the higher of (i) the average regular rate of pay received by the employee during the last year of employment in the same job occupation classification, or, if the employee has been employed for less than one year, the average rate of pay for the employee's entire employment multiplied by the average number of hours worked per day over the last four months of employment preceding the date of the violation, or (ii) the final regular rate of pay received by the employee at the date of termination multiplied by the average number of hours worked per day over the last four months, and (B) reinstatement to the employee's former position at not less than the most recent rate of compensation received by the employee, including the value of any benefits.

(3) If the employee prevails in such action, the court shall award the employee reasonable attorney fees and costs.

(4) Nothing in this subsection shall be construed to limit an employee's right to bring a common law cause of action for wrongful termination against the awarding authority, the terminated contractor or the successor contractor.

(d) Any awarding authority or contractor who knowingly violates the provisions of this section shall pay a penalty not to exceed one hundred dollars per employee for each day the violation continues.
Conn. Gen. Stat. § 31-355 — Connecticut Code / Title 31 / Chapter 568 / Section 31-355
Sec. 31-355. Hearings; awards. Payments from Second Injury Fund on employer's failure to comply with award. Civil action for reimbursement. Insolvent insurer. Settlements and agreements. Failure of uninsured employer to pay.
Status: in_force

(b) When an award of compensation has been made under the provisions of this chapter against an employer who failed, neglected, refused or is unable to pay any type of benefit coming due as a consequence of such award or any adjustment in compensation required by this chapter, and whose insurer failed, neglected, refused or is unable to pay the compensation, such compensation shall be paid from the Second Injury Fund. The administrative law judge, on a finding of failure or inability to pay compensation, shall give notice to the Treasurer of the award, directing the Treasurer to make payment from the fund. Whenever liability to pay compensation is contested by the Treasurer, the Treasurer shall file with the administrative law judge, on or before the twenty-eighth day after the Treasurer has received an order of payment from the administrative law judge, a notice in accordance with a form prescribed by the chairperson of the Workers' Compensation Commission stating that the right to compensation is contested, the name of the claimant, the name of the employer, the date of the alleged injury or death and the specific grounds on which the right to compensation is contested. A copy of the notice shall be sent to the employee. The administrative law judge shall hold a hearing on such contested liability at the request of the Treasurer or the employee in accordance with the provisions of this chapter. If the Treasurer fails to file the notice contesting liability within the time prescribed in this section, the Treasurer shall be conclusively presumed to have accepted the compensability of such alleged injury or death from the Second Injury Fund and shall have no right thereafter to contest the employee's right to receive compensation on any grounds or contest the extent of the employee's disability.

(c) The employer and the insurer, if any, shall be liable to the state for any payments made out of the fund in accordance with this section or which the Treasurer has by award become obligated to make from the fund, together with cost of attorneys' fees as fixed by the court. If reimbursement is not made, or a plan for payment to the fund has not been agreed to by the Treasurer and employer, not later than ninety days after any payment from the fund, the Attorney General shall bring a civil action, in the superior court for the judicial district where the award was made, to recover all amounts paid by the fund pursuant to the award, plus double damages together with reasonable attorney's fees and costs as taxed by the court. Any amount paid to the Treasurer by the employer or insurer after the filing of an action, but prior to its completion, shall be subject to an interest charge of eighteen per cent per annum, calculated from the date of original payment from the fund.

(d) Any recovery made under this section, including any recovery for costs or attorney's fees, shall be paid into the fund. Any administrative or other costs or expenses incurred by the Attorney General in connection with carrying out the purposes of this section, including the hiring of necessary employees, shall be paid from the fund. The Treasurer shall adopt regulations, in accordance with the provisions of chapter 54, which describe what constitutes a proper and sufficient “plan for payment to the fund” for the purposes of this section.

(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, whenever the employer's insurer has been determined to be insolvent, as defined in section 38a-838 , payments required under this section shall be the obligation of the Connecticut Insurance Guaranty Association pursuant to the provisions of sections 38a-836 to 38a-853 , inclusive.

(f) Notwithstanding subsection (b) of this section, the administrative law judge may approve a stipulated settlement for benefits between an injured worker and the Treasurer under this chapter at any time prior to or after the issuance of a finding and award against the employer if the administrative law judge determines that it is in the best interest of the injured workers to do so. Notice of the proposed settlement shall be sent to the employer by certified mail, return receipt requested, to the employer's last-known address on file with the Secretary of the State or local postal authority. The administrative law judge shall hold a hearing on such proposed settlement at the request of the employer in accordance with the provisions of this chapter. If the employer does not file with the Workers' Compensation Commission a written objection to the proposed settlement not later than twenty-eight days after the date of the notice to the employer of the proposed settlement, the employer shall be deemed to have consented to the proposed settlement and may not thereafter contest the terms of the settlement in any forum. Where payment has been ordered under this subsection, the terms of such order shall have the same status and be governed by the same provisions as an award issued pursuant to subsection (b) of this section.

(g) Nothing in this section shall preclude the Treasurer from entering into an agreement with the employer for the reimbursement of expenses, costs or benefits paid by the fund. The Treasurer, the uninsured employer, the injured worker, or the injured worker's beneficiaries, or a third party who is liable under section 31-293 may enter into a settlement agreement to finally or partially settle the rights and liabilities of any or all parties under this chapter, subject to the approval of the administrative law judge.

(h) When a finding and award of compensation has been made against an uninsured employer who fails to pay it, that compensation shall be paid from the Second Injury Fund, and if there are further claims for any related, reasonable and necessary treatment, payment shall by provided to the claimant without a subsequent finding and award.

Where injury complained of occurred prior to effective date of number 580 of the 1959 public acts, and award in favor of injured employee was made subsequent to that date, provisions of act apply to award so as to require State Treasurer to pay it. 150 C. 153. “Second Injury Fund”, legislative history and purpose discussed. 166 C. 352. Cited. 171 C. 577; 174 C. 181; 187 C. 53; 210 C. 626; 212 C. 427. Legislature intended that fund would be liable if employer were bankrupt, in which case no judgment could enter against it; commissioner's ability to enter award against employer's estate for the purpose of establishing fund's liability when a claim against the estate is barred by the nonclaim statute is necessary for the operation of section; commissioner need not determine whether a claim against employer's estate is barred by the nonclaim statute before entering award against the estate or ordering fund to make payments. 256 C. 456.

Cited. 24 CA 93; 37 CA 835; 46 CA 346; Id., 596. Creation of Second Injury Fund under section does not modify Sec. 31-291 and does not abrogate the liability of a governmental entity as a principal employer when the injured employee of the uninsured contractor or subcontractor qualifies for benefits under Sec. 31-291. 183 CA 612.

Cited. 28 CS 5.

Subsec. (b):

Purpose of section is to provide compensation for injured employee when employer fails to pay; section does not make distinctions concerning reasons for employer's failure to pay; no duty is imposed on commissioner to determine reasons for employer's failure to pay before imposing liability on the fund; there is no requirement that commissioner provide the fund with opportunity to contest liability in every case where an order to make payment is entered against the fund, regardless of whether the fund participated in prior proceedings. 256 C. 456. Subsec. is inapplicable for purposes of determining when appeal period begins to run under Sec. 31-301(a) re Second Injury Fund claim because the fund had already been participating in proceedings before Workers' Compensation Commission. 299 C. 376.

Subsec. (c):

Employer and its insurer are liable to reimburse the fund for any payment made to an employee. 256 C. 456.

Subsec. (e):

Jurisdiction of Workers' Compensation Commission to adjudicate claims originating under act against Connecticut Insurance Guaranty Association discussed. 243 C. 438.
Conn. Gen. Stat. § 31-266c — Connecticut Code / Title 31 / Chapter 567 / Section 31-266c
Sec. 31-266c. Abatement of contributions. Compromises.
Status: in_force

(b) The administrator or the administrator's duly authorized agent may make or entertain an offer of compromise for any contributions due under this chapter if such offer is based upon doubt as to the employer's liability for the amount in controversy or doubt as to the collectibility of such amount. For purposes of this section, doubt as to the employer's liability for the amount in controversy exists if there is a genuine dispute as to the existence or amount of the employer's liability under this chapter, and doubt as to the collectibility of such amount exists if the employer's assets and income are less than the full amount of the employer's debts, obligations and liabilities under state or federal law.

Cited. 175 C. 269.
Conn. Gen. Stat. § 31-221d — Connecticut Code / Title 31 / Chapter 566a / Section 31-221d
Sec. 31-221d. Working capital or equivalent requirement.
Status: in_force

(1) Maintain a minimum of one hundred fifty thousand dollars in working capital, as defined by generally accepted accounting principles, as reflected in the financial statements submitted to the department with the initial registration and each annual renewal. A professional employer organization or professional employer organization group with less than one hundred fifty thousand dollars in working capital at renewal shall have one hundred eighty days to eliminate the deficiency. During such one hundred eighty days, the professional employer organization or professional employer organization group shall submit quarterly financial statements to the department accompanied by the attestation of the chief executive officer that all wages, taxes, workers' compensation premiums and employee benefits have been paid by the professional employer organization or members of the professional employer organization group; or

(2) Provide a bond, irrevocable letter of credit or securities with a minimum market value of one hundred fifty thousand dollars to the department. Such bond shall be held by a depository designated by the commissioner securing payment by the professional employer organization of all taxes, wages, benefits or other entitlement due to or with respect to covered employees, if the professional employer organization does not make such payments when due.

(b) The commissioner may accept an affidavit or certification of a bonded, independent and qualified assurance organization approved by the commissioner to certify qualifications of a professional employer organization in lieu of the requirements of this section.

(c) The provisions of subsections (a) and (b) of this section shall not apply to a professional employer organization that has been issued a limited registration under subsection (e) of section 31-221c .
Conn. Gen. Stat. § 31-349c — Connecticut Code / Title 31 / Chapter 568 / Section 31-349c
Sec. 31-349c. Controverted issues of previous disability. Physician panel established.
Status: in_force

(b) The chairperson of the Workers' Compensation Commission shall adopt regulations in accordance with the provisions of chapter 54 to establish a fee schedule for payment of medical panel members. Any fees paid pursuant to the provisions of this section shall be paid by the self-insured employer or insurer seeking fund reimbursement.

Court concluded legislation intended section to apply retroactively to be consistent with Sec. 31-349(d). 241 C. 282.
Conn. Gen. Stat. § 31-50b — Connecticut Code / Title 31 / Chapter 557 / Section 31-50b
Sec. 31-50b. Noncompete agreements: Broadcast employees.
Status: in_force

(1) “Associated broadcast entities” means entities that provide reporting services to broadcast television or radio stations, including without limitation, subcontractors that provide weather, sports, traffic and other reports for broadcast or cablecast;

(2) “Broadcast employee” means any employee of a broadcast industry employer, except those employees whose services primarily include sales or management functions;

(3) “Broadcast industry employer” means the owner or operator of one or more broadcast television or radio stations, including any associated broadcast entity, but excluding cable stations or cable networks;

(4) “Broadcast television or radio station” means an entity that is owned or operated either by holding a Federal Communications Commission television or radio license for the station, or by operating a station through a local service, sales, marketing or outsourcing agreement;

(5) “Cable network” means an entity that distributes programming to two or more local cable systems;

(6) “Cable station” means an entity that produces or transmits programming to one or more local cable systems; and

(7) “Local cable system” means a cable system, as defined in 47 USC 522, as from time to time amended, operating in the state.

(b) No broadcast industry employer employment contract for the services of a broadcast employee may contain a provision requiring that such broadcast employee:

(1) Refrain from obtaining employment in a specified geographical area for a specified period of time after termination of employment with that broadcast industry employer;

(2) Disclose the terms or conditions of an offer of employment, or the existence of any such offer, from any other broadcast industry employer following the expiration of the term of the employment contract; or

(3) Agree to enter into a subsequent employment contract with the broadcast industry employer, or extend or renew the existing employment contract, upon the same terms and conditions offered by a prospective employer.

(c) Any person who is aggrieved by a violation of this section may bring a civil action in the Superior Court to recover damages, together with court costs and reasonable attorney's fees.

(d) The provisions of this section shall apply to employment contracts entered into, renewed or extended on or after July 1, 2007.
Conn. Gen. Stat. § 31-384 — Connecticut Code / Title 31 / Chapter 571 / Section 31-384
Sec. 31-384. Education programs.
Status: in_force

(b) The commissioner is authorized to conduct directly or by grants or contracts short term training of personnel engaged in work related to his responsibilities under this chapter.

(c) The commissioner shall provide for the establishment and supervision of programs for the education and training of employers, owners and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employment covered by this chapter. The commissioner shall consult with and advise employers, owners, employees and organizations representing employers, owners and employees as to effective means of preventing occupational injuries and illnesses.

Cited. 176 C. 320.
Conn. Gen. Stat. § 31-60 — Connecticut Code / Title 31 / Chapter 558 / Section 31-60
Sec. 31-60. Payment of less than minimum or overtime wage. Regulations.
Status: in_force

(b) The Labor Commissioner shall adopt such regulations, in accordance with the provisions of chapter 54, as may be appropriate to carry out the purposes of this part. Such regulations may include, but are not limited to, regulations defining and governing an executive, administrative or professional employee and outside salesperson; learners and apprentices, their number, proportion and length of service; and piece rates in relation to time rates; and shall recognize, as part of the minimum fair wage, gratuities in an amount (1) equal to twenty-nine and three-tenths per cent, and effective January 1, 2009, equal to thirty-one per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to thirty-four and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, and ending on June 30, 2019, equal to thirty-six and eight-tenths per cent of the minimum fair wage per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities, (2) equal to eight and two-tenths per cent, and effective January 1, 2009, equal to eleven per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to fifteen and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, and ending on June 30, 2019, equal to eighteen and one-half per cent of the minimum fair wage per hour for persons employed as bartenders who customarily and regularly receive gratuities, and (3) not to exceed thirty-five cents per hour in any other industry, and shall also recognize deductions and allowances for the value of board, in the amount of eighty-five cents for a full meal and forty-five cents for a light meal, lodging, apparel or other items or services supplied by the employer; and other special conditions or circumstances which may be usual in a particular employer-employee relationship. The commissioner may provide, in such regulations, modifications of the minimum fair wage herein established for learners and apprentices; persons under the age of eighteen years; and for such special cases or classes of cases as the commissioner finds appropriate to prevent curtailment of employment opportunities, avoid undue hardship and safeguard the minimum fair wage herein established. Regulations in effect on July 1, 1973, providing for a board deduction and allowance in an amount differing from that provided in this section shall be construed to be amended consistent with this section.

(c) Regulations adopted by the commissioner pursuant to subsection (b) of this section which define executive, administrative and professional employees shall be updated not later than October 1, 2000, and every four years thereafter, to specify that such persons shall be compensated on a salary basis at a rate determined by the Labor Commissioner.

(d) (1) Effective July 1, 2019, the Labor Commissioner shall recognize, as part of the minimum fair wage, gratuities in an amount equal to the difference between the minimum fair wage and the employer's share per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities. The Labor Commissioner shall also recognize, as part of the subminimum wage established in subdivision (5) of subsection (i) of section 31-58 , gratuities in an amount equal to the difference between such subminimum wage and the employer's share per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities.

(2) Effective July 1, 2019, the Labor Commissioner shall recognize, as part of the minimum fair wage, gratuities in an amount equal to the difference between the minimum fair wage and the employer's share per hour for persons employed as bartenders who customarily and regularly receive gratuities.

(3) As used in this subsection “employer's share” means (A) six dollars and thirty-eight cents per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities, and (B) eight dollars and twenty-three cents per hour for persons employed as bartenders who customarily and regularly receive gratuities.

(4) Notwithstanding any other law or regulation, any claim brought under this subsection, section 31-68 as it relates to gratuities as part of the minimum wage or section 31-62-E3 of the regulations of Connecticut state agencies filed after September 24, 2022, shall be adjudicated, solely, under section 31-60-2 of the regulations of Connecticut state agencies effective on September 24, 2020, and any amendments thereto.

(e) On and after October 1, 2020, no employer may take any action to displace an employee, including, but not limited to, a partial displacement of an employee, such as reducing the employee's hours, wages or employment benefits, for purposes of hiring persons under the age of eighteen years at a rate below the minimum fair wage. If the Labor Commissioner determines that an employer has violated this subsection, the commissioner shall suspend the employer's right to pay the reduced rate for employees for a period of time specified in regulations adopted pursuant to subsection (b) of this section.

See Sec. 31-58(j) for definition of “minimum fair wage”.

Cited. 140 C. 73. Constitutionality discussed. 142 C. 437. Cited. 219 C. 520; 223 C. 573. 1980 amendment to section did not repeal by implication the Department of Labor's tip credit regulations as applied to restaurant workers, other than waitstaff and bartenders, who regularly and customarily receive gratuities; department did not act arbitrarily, capriciously, or in violation of its statutory authority in determining that such regulations do not apply to restaurant delivery drivers. 325 C. 72.

Limited amount of gratuity allowed for minimum wage. 18 CS 452.
Conn. Gen. Stat. § 31-259 — Connecticut Code / Title 31 / Chapter 567 / Section 31-259
Sec. 31-259. Employment Security Administration Fund.
Status: repealed

(b) Reimbursement of fund. If any moneys in the Employment Security Administration Fund, paid to this state under Title III of the Social Security Act, or any unencumbered balances in the Employment Security Administration Fund, or any moneys paid to this state pursuant to the provisions of the Wagner-Peyser Act, are found by the Secretary of Labor of the United States, because of any action or contingency, to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by said Secretary for the proper and efficient administration of this chapter, it is the policy of this state that such moneys shall be replaced by moneys appropriated for such purpose from the General Fund of the state to the Employment Security Administration Fund, or reimbursement made to the Employment Security Administration Fund from the Employment Security Special Administration Fund as provided in subsection (d) hereof, for expenditure as provided in subsection (a) of this section. Upon receipt of notice of such finding by said Secretary, the administrator shall promptly report the amount required for such replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the General Assembly a request for the appropriation of such amount, unless reimbursement has been made in accordance with subsection (d) hereof.

(c) Withdrawals. The expenses of the administration of this chapter shall be paid from the Employment Security Administration Fund by the Treasurer, notwithstanding the provisions of section 4-86 , on warrants drawn by the Comptroller at the direction of the administrator.

(d) Employment Security Special Administration Fund. There is created in the State Treasury a special segregated fund to be known as the Employment Security Special Administration Fund. All interest and penalties on past due contributions and assessments collected under this chapter are appropriated to said fund and shall at no time be considered a part of the Unemployment Compensation Fund, provided, whenever, on July first of any calendar year except the calendar year commencing January 1, 1982, the assets in said Employment Security Special Administration Fund exceed five hundred thousand dollars plus an amount necessary to cover any commitments for expenditures which have previously been approved in accordance with the provisions of this subsection, the excess above five hundred thousand dollars plus any such previously committed amount is appropriated to the Unemployment Compensation Fund established by section 31-261 . If any such interest is, for the sake of convenience, deposited in a bank account of the contribution account of the Unemployment Compensation Fund, it shall be withdrawn therefrom as soon as convenient. The money in said fund shall be used for the payment of costs of administration, to reimburse the Employment Security Administration Fund under the conditions provided in subsection (b) of this section and for any other purpose authorized by law. Withdrawals from said fund shall be made by the Treasurer, notwithstanding the provisions of section 4-86 , on warrants drawn by the Comptroller at the direction of the administrator, subject to the approval of the Governor and the Secretary of the Office of Policy and Management. The Treasurer is authorized to invest all or any part of the Employment Security Special Administration Fund in any certificates of the United States or certificates of deposit or any bonds in which savings banks may legally invest, provided that the provisions of subsection (n) of section 36-96 * shall not be applicable to any investment in such bonds. All income from such investment shall become part of said fund.

*Note: Section 36-96 was repealed effective January 1, 1995, by section 339 of public act 94-122.

See Secs. 31-237 and 31-238 re Employment Security Division and Employment Security Appeals Division, respectively.

Cited. 133 C. 115.
Conn. Gen. Stat. § 31-353 — Connecticut Code / Title 31 / Chapter 568 / Section 31-353
Sec. 31-353. Voluntary agreements and stipulated settlements; approval.
Status: in_force

(b) The Treasurer may make payment by way of stipulated settlement in any matter concerning the fund under the provisions of this chapter, subject to the approval of the administrative law judge, whenever such stipulated settlement is: (1) In the best interests of the injured employee, (2) in the best interests of the injured employee's dependents, or (3) for claims by an employer or insurer pursuant to section 31-306 , 31-307a or 31-310 .

Cited. 150 C. 156. “Second Injury Fund”, legislative history and purpose discussed. 166 C. 352. Cited. 171 C. 577; 174 C. 181.

Cited. 16 CS 225.
Conn. Gen. Stat. § 31-232g — Connecticut Code / Title 31 / Chapter 567 / Section 31-232g
Sec. 31-232g. Public announcements and computations by administrator.
Status: in_force

(b) Computations required by the provisions of subdivision (6) of subsection (a) of section 31-232b shall be made by the administrator, in accordance with regulations prescribed by the United States Secretary of Labor.
Conn. Gen. Stat. § 31-241 — Connecticut Code / Title 31 / Chapter 567 / Section 31-241
Sec. 31-241. Determination of claims and benefits. Notice, hearing and appeal. Regulations.
Status: in_force

(b) The administrator shall adopt regulations, in accordance with the provisions of section 31-244 and chapter 54, effective July 1, 1992, establishing procedures and guidelines necessary to implement the provisions of this section. Such regulations shall prescribe a minimum number of days of advance notice to be afforded parties prior to a hearing and standards for determining the timeliness of written responses to hearing notices.

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

Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 135 C. 373; 141 C. 321. Commissioner's conclusion that the unemployment of plaintiffs was due to the existence of a labor dispute is supported by the finding and therefore must stand. 142 C. 497. Cited re section's effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 104; Id., 581; 200 C. 243.

Cited. 1 CA 591; 2 CA 1; 9 CA 131; 39 CA 441.

Cited. 15 CS 62; 18 CS 11; 23 CS 236; 27 CS 217. For any period subsequent to period covered by commissioner's decision, claimant is entitled to new notification and new 7-day period thereafter in which to take another appeal. 28 CS 248. Effect of late appeal. 30 CS 105. Cited. 37 CS 38; 44 CS 285.
Conn. Gen. Stat. § 31-57e — Connecticut Code / Title 31 / Chapter 557 / Section 31-57e
Sec. 31-57e. Contracts between the state and federally recognized Indian tribes. Employment Rights Code; protection of persons employed by a tribe.
Status: in_force

(1) “Commercial enterprise” means any form of commercial conduct or a particular commercial transaction or act, including the operation of a casino, which relates to or is connected with any profit-making pursuit;

(2) “Labor organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment;

(3) “Tribe” means any federally recognized Indian tribe which is subject to the Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2701 et seq.

(b) The state shall not provide any funds or services which directly or indirectly assist any tribe engaged in a commercial enterprise until the tribe adopts an Employment Rights Code established pursuant to subsection (e) of this section, unless such funds or services are (1) required by federal or state law, (2) were agreed to in writing prior to July 1, 1993, or (3) are provided to a project which is covered by federal or state employment regulations or employment rights laws. This subsection shall not be construed to prohibit the state from enforcing any civil or criminal law, or any gaming regulation at a commercial enterprise owned or operated by a tribe, or to require the state to enforce a violation of any criminal law which would not be a violation if it occurred outside tribal land. The Governor, upon consulting with the leaders of the General Assembly, may waive the restrictions set forth in this subsection in the event of a declared emergency.

(c) The state shall oppose any application by a tribe, pursuant to 25 CFR chapter 151, to convert any parcel of fee interest land to federal trust status. The conversion shall be deemed contrary to the interest of the state and its residents.

(d) The Governor shall include in each future proposal by the state in negotiations conducted pursuant to the Indian Gaming Regulatory Act, a provision requiring the adoption of an Employment Rights Code established pursuant to subsection (e) of this section. The Governor shall employ his best efforts to ensure that any final agreement, compact or contract established under the Indian Gaming Regulatory Act includes an Employment Rights Code in accordance with subsection (e) of this section.

(e) The Employment Rights Code referred to under this section shall include the following provisions:

(1) A commercial enterprise subject to tribal jurisdiction shall not, except in the case of a bona fide occupational qualification or need, refuse to hire or employ or bar or discharge from employment any individual or discriminate against him or her in compensation or in terms, conditions or privileges of employment because of the individual's race, color, religious creed, sex, gender identity or expression, marital status, national origin, ancestry, age, present or past history of mental disorder, intellectual disability, sexual orientation, learning or physical disability, political activity, union activity or the exercise of rights protected by the United States Constitution. This subdivision shall not be construed to restrict the right of a tribe to give preference in hiring to members of the tribe.

(2) A commercial enterprise subject to tribal jurisdiction shall not deny any individual, including a representative of a labor organization, seeking to ensure compliance with this section, access to employees of the tribe's commercial enterprise during nonwork time in nonwork areas. The tribe shall not permit any supervisor, manager or other agent of the tribe to restrict or otherwise interfere with such access.

(3) When a labor organization claims that it has been designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, the labor organization may apply to an arbitrator to verify the claim pursuant to subdivision (4) of this subsection. If the arbitrator verifies that the labor organization has been designated or selected as the bargaining representative by a majority of the employees in an appropriate unit, the tribe shall, upon request, recognize the labor organization as the exclusive bargaining agent and bargain in good faith with the labor organization in an effort to reach a collective bargaining agreement. However, the arbitrator shall disallow any claim by a labor organization that is dominated or controlled by the tribe.

(4) (A) Any individual or organization claiming to be injured by a violation of any provision of this subsection shall have the right to seek binding arbitration under the rules of the American Arbitration Association. Such individual or organization shall file a demand for arbitration with the tribe not later than one hundred eighty days after the employee or labor organization knows or should know of the tribe's violation of any provision of this subsection. The demand shall state, in plain language, the facts giving rise to the demand.

(B) The demand for arbitration shall also be served upon the Connecticut office of the American Arbitration Association. Absent settlement, a hearing shall be held in accordance with the rules and procedures of the American Arbitration Association. The costs and fees of the arbitrator shall be shared equally by the tribe and the labor organization.

(C) The decision of the arbitrator shall be final and binding on both parties and shall be subject to judicial review and enforcement against all parties in the manner prescribed by chapter 909.

(5) A tribe shall not retaliate against any individual who exercises any right under the Employment Rights Code. Any individual or organization claiming to be injured by a violation of the provisions of this section shall have the right to seek binding arbitration pursuant to subdivision (4) of this subsection.

(f) Notwithstanding the provisions of this section, the Governor may negotiate an agreement with a tribe which establishes rights for employees of commercial enterprises subject to tribal jurisdiction in addition to those provided under the Employment Rights Code established under subsection (e) of this section.
Conn. Gen. Stat. § 31-226a — Connecticut Code / Title 31 / Chapter 567 / Section 31-226a
Sec. 31-226a. Discharge, discipline, penalty or discrimination prohibited. Right of action.
Status: in_force

(b) Any employee who believes that such employee has been discharged, disciplined, penalized or otherwise discriminated against by any person in violation of this section may file a complaint with the Labor Commissioner alleging violation of the provisions of subsection (a) of this section. Upon receipt of any such complaint, the commissioner shall hold a hearing. After the hearing, the commissioner shall send each party a written copy of the commissioner's decision. The commissioner may award the employee all appropriate relief including rehiring or reinstatement to such employee's previous job, payment of back wages and reestablishment of employee benefits to which such employee otherwise would have been eligible if such employee had not been discharged, disciplined, penalized or discriminated against. Any employee who prevails in such a complaint shall be awarded reasonable attorney's fees and costs. Any party aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.

(c) The commissioner may request the Attorney General to bring an action in the Superior Court for injunctive relief requiring compliance with any award, decision or judgment issued by the commissioner under this section.
Conn. Gen. Stat. § 31-115 — Connecticut Code / Title 31 / Chapter 562 / Section 31-115
Sec. 31-115. Hearings. Temporary order.
Status: in_force

Cited. 134 C. 626. Picketing to force plaintiff to employ only union members is unlawful and injunctive relief held warranted. 139 C. 95. Cited. 145 C. 77. Money damages held not an adequate remedy when plaintiff harmed by unlawful picketing. 146 C. 93. Where temporary injunction was issued ex parte, without notice, full hearing and finding of facts, plaintiffs were wrongfully enjoined. 148 C. 568. Cited. 177 C. 17; 186 C. 247; 188 C. 196; 190 C. 371; 203 C. 624.

Cited. 26 CA 610.

“Each item of relief” means the various prohibitory mandates of the injunction. 8 CS 331. Cited. 19 CS 452. Requirement that unlawful acts have been threatened or will be committed not given literal interpretation; court may take jurisdiction where equitable relief alone is sought; whether damages are irreparable depends more on nature of right affected than upon pecuniary loss. 27 CS 156. Cited. 34 CS 157; 42 CS 227.
Conn. Gen. Stat. § 31-252 — Connecticut Code / Title 31 / Chapter 567 / Section 31-252
Sec. 31-252. Public distribution of law, regulations and reports.
Status: in_force

Effect on the speed and fairness of the resolution of contested claims. 175 C. 269.
Conn. Gen. Stat. § 31-3ww — Connecticut Code / Title 31 / Chapter 556 / Section 31-3ww
Sec. 31-3ww. Qualified apprenticeship training program.
Status: in_force

(b) The Labor Commissioner shall establish and implement a program of grants for taxpayers that employ apprentices under a qualified apprenticeship training program in the manufacturing trades, plastics and plastics-related trades or construction trades. The eligibility requirements for such apprenticeship grants shall be the same as those imposed by section 12-217g . Grants awarded by the commissioner pursuant to this section shall be in the amounts provided in said section 12-217g for apprentices in the appropriate trade.

(c) The total amount of grants available under such program shall not exceed fifty thousand dollars. Taxpayers shall apply for grants to the commissioner, on forms and in the manner provided by the commissioner. The commissioner shall award such grants on a first-come, first-served basis.
Conn. Gen. Stat. § 31-116 — Connecticut Code / Title 31 / Chapter 562 / Section 31-116
Sec. 31-116. Finding of facts required.
Status: in_force

Cited. 145 C. 77; 146 C. 93. Where temporary injunction was issued, ex parte, without notice, full hearing and finding of facts, plaintiffs were wrongfully enjoined. 148 C. 568. Cited. 186 C. 247; 190 C. 371.
Conn. Gen. Stat. § 31-68 — Connecticut Code / Title 31 / Chapter 558 / Section 31-68
Sec. 31-68. Collection of minimum or overtime wage. Class action certifications. Collection of wages for employee whose whereabouts are unknown.
Status: in_force

(2) Notwithstanding the provisions of subdivision (1) of this subsection, if any employee is paid by his or her employer less than the minimum fair wage or overtime wage to which he or she is entitled under section 31-62-E4 of the regulations of Connecticut state agencies, such employee shall recover, in a civil action, (A) twice the full amount of such minimum wage or overtime wage less any amount actually paid to such employee by the employer, with costs and such reasonable attorney's fees as may be allowed by the court, or (B) if the employer establishes that the employer had a good faith belief that the underpayment of such wages was in compliance with the law, the full amount of such minimum wage or overtime wage less any amount actually paid to such employee by the employer, with costs as may be allowed by the court. A good faith belief includes, but is not limited to, reasonable reliance on written guidance from the Labor Department.

(3) Notwithstanding the provisions of section 52-105 , no person may be authorized by a court to sue for the benefit of other alleged similarly situated persons in a case brought for violations of section 31-62-E4 of the regulations of Connecticut state agencies, unless such person, in addition to satisfying any judicial rules of practice governing class action certifications, demonstrates to the court, under the appropriate burden of proof, that the defendant is liable to all individual proposed class members because all such members (A) performed nonservice duties while employed by the defendant, for more than a de minimis amount of time, that were not incidental to service duties, and (B) were not properly compensated by the defendant for some portion of their nonservice duties in accordance with section 31-62-E4 of the regulations of Connecticut state agencies.

(4) Any agreement between an employee and his or her employer to work for less than such minimum fair wage or overtime wage shall be no defense to such action as described in this section. The commissioner may collect the full amount of unpaid minimum fair wages or unpaid overtime wages to which an employee is entitled under said sections or order, as well as interest calculated in accordance with the provisions of section 31-265 from the date the wages should have been received, had they been paid in a timely manner. In addition, the commissioner may bring any legal action necessary to recover twice the full amount of the unpaid minimum fair wages or unpaid overtime wages to which the employee is entitled under said sections or under an order, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner shall distribute any wages or interest collected pursuant to this section to the employee or in accordance with the provisions of subsection (b) of this section.

(b) All wages collected by the commissioner for an employee whose whereabouts are unknown to the commissioner shall be held by the commissioner for three months and thereafter the commissioner may, in his discretion, pay the same, on application, to the husband or wife or, if none, to the next of kin of such employee. As a condition of such payment, the commissioner or his authorized representative shall require proof of the relationship of the claimant and the execution of a bond of indemnity and a receipt for such payment. Notwithstanding the provisions of section 3-60b , any such wages held by the commissioner for two years without being claimed shall escheat to the state, subject to the provisions of sections 3-66a to 3-71a , inclusive.

Cited. 140 C. 73; 223 C. 573; 232 C. 91.

The recordkeeping requirements in Sec. 31-62-E3(b) and (c) of the Regulations of Connecticut state agencies are directory and noncompliance with those requirements did not invalidate the tip credit and did not give rise to a private cause of action under Subsec. (a). 219 CA 648.

Formula for determining minimum hourly rate examined. 18 CS 157.
Conn. Gen. Stat. § 31-290a — Connecticut Code / Title 31 / Chapter 568 / Section 31-290a
Sec. 31-290a. Discharge, discipline or discrimination prohibited. Misinformation or dissuasion prohibited. Right of action.
Status: in_force

(b) Any employee who is so discharged, disciplined or discriminated against or who has been deliberately misinformed or deliberately dissuaded from filing a claim for workers' compensation benefits or a claim for payment of benefits from the Connecticut Essential Workers COVID-19 Assistance Fund may either: (1) Bring a civil action in the superior court for the judicial district where the employer has its principal office for the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits to which he would have otherwise been entitled if he had not been discriminated against or discharged and any other damages caused by such discrimination or discharge. The court may also award punitive damages. Any employee who prevails in such a civil action shall be awarded reasonable attorney's fees and costs to be taxed by the court; or (2) file a complaint with the chairperson of the Workers' Compensation Commission alleging violation of the provisions of subsection (a) of this section. Upon receipt of any such complaint, the chairperson shall select an administrative law judge to hear the complaint, provided any administrative law judge who has previously rendered any decision concerning the claim shall be excluded. The hearing shall be held in the workers' compensation district where the employer has its principal office. After the hearing, the administrative law judge shall send each party a written copy of his decision. The administrative law judge may award the employee the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits to which he otherwise would have been eligible if he had not been discriminated against or discharged. Any employee who prevails in such a complaint shall be awarded reasonable attorney's fees. Any party aggrieved by the decision of the administrative law judge may appeal the decision to the Appellate Court.

See Sec. 31-900 re applicable definitions.

Cited. 216 C. 40; 219 C. 1; 221 C. 356; 226 C. 475. Employer does not violate section when it discharges employee solely on the basis that employee, who claims a continued inability to work, fails to return to work following a compensable injury despite having been cleared to do so by his or her treating physician. 258 C. 724. Plaintiff failed to establish prima facie case of employment discrimination under statute by failing to present sufficient evidence that she had exercised any rights afforded to her under act and by lack of evidence in the record to support commissioner's finding that the principal or vice principal knew that plaintiff was exercising her rights or that they intended to discriminate against her for exercising her rights. 270 C. 751. Doctrine of absolute immunity does not bar an employee's claim under section that is predicated solely on the employer's act of filing a retaliatory counterclaim. 310 C. 616.

Cited. 24 CA 362; 28 CA 660; 33 CA 490; 34 CA 708; 40 CA 577; 43 CA 1. Reaffirmed prior rulings that plaintiff has burden of proving discrimination by a fair preponderance of the evidence. 52 CA 570. Where plaintiff offered no evidence to raise an inference of discrimination and failed to present a genuine issue of material fact as to the reason for termination, trial court properly found that a trier of fact could not find discriminatory intent as required under statute. 64 CA 263. Plaintiff must present sufficient evidence that there was a causal connection between the exercise of his right to workers' compensation benefits and the termination of his employment; statute does not create liability for all torts and does not create a statutory basis for the abrogation of governmental immunity as to other torts. 108 CA 710. Commissioner not required to hold a hearing on party's motion to open a finding and award levied in accordance with provisions of section. 139 CA 687. It suffices that the employer set forth one legitimate nondiscriminatory reason for the employee's discharge, and the court is not required to examine every reason or explanation set forth by the employer. 143 CA 351. A claim under section premised solely on litigation misconduct and not involving conduct outside of the judicial process may not be brought prior to termination of the underlying litigation. 158 CA 176.

Subsec. (a):

Section contains no requirement that any particular word be used in terminating an employee's employment; standard for proof of a retaliatory discharge. 49 CA 66.

Subsec. (b):

Cited. 219 C. 314; 232 C. 91.

Cited. 41 CA 116. In making award under Subsec., commissioner required to make “due allowance” under Sec. 31-314 for any sum paid by employer. 49 CA 66. Subject matter jurisdiction cannot be waived by consent and therefore a stipulation between plaintiff and defendant cannot deprive commissioner of jurisdiction over plaintiff's claim. Id., 114.
Conn. Gen. Stat. § 31-284 — Connecticut Code / Title 31 / Chapter 568 / Section 31-284
Sec. 31-284. Basic rights and liabilities. Civil action to enjoin noncomplying employer from entering into employment contracts. Notice of availability of compensation.
Status: in_force

(b) Each employer who does not furnish to the chairperson of the Workers' Compensation Commission satisfactory proof of his solvency and financial ability to pay directly to injured employees or other beneficiaries compensation provided by this chapter shall insure his full liability under this chapter, other than his liability for assessments pursuant to sections 31-345 and 31-354 in one of the following ways: (1) By filing with the Insurance Commissioner in form acceptable to him security guaranteeing the performance of the obligations of this chapter by the employer; or (2) by insuring his full liability under this part, exclusive of any liability resulting from the terms of section 31-284b , in any stock or mutual companies or associations that are or may be authorized to take such risks in this state; or (3) by any combination of the methods provided in subdivisions (1) and (2) of this subsection as he may choose, subject to the approval of the Insurance Commissioner. If the employer fails to comply with the requirements of this subsection, an employee may bring an action against such employer for damages on account of personal injury sustained by such employee arising out of and in the course of his employment or on account of death resulting from personal injury so sustained, except that there shall be no liability under this section to an individual on the part of the employer if such individual held himself out to the employer as an independent contractor and the employer, in good faith, relied on that representation as well as other indicia of such status and classified such individual as an independent contractor. In case of an alleged noncompliance with the provisions of this subsection, a certificate of noncompliance under oath, by the chairperson of the Workers' Compensation Commission, shall constitute prima facie evidence of noncompliance.

(c) Each employer who does not furnish to the chairperson of the Workers' Compensation Commission satisfactory proof of his solvency and financial ability to pay directly to the State Treasurer the assessments required in sections 31-345 and 31-354 shall insure his full liability for the assessments in one of the following ways: (1) By filing with the Insurance Commissioner in form acceptable to him security guaranteeing the payment of the assessments by the employer; (2) by insuring his full liability for the assessments in any stock or mutual companies or associations that are or may be authorized to take such risks in this state; or (3) by any combination of the methods provided in subdivisions (1) and (2) of this subsection as he may choose, subject to the approval of the Insurance Commissioner. The payment of the assessments required under sections 31-345 and 31-354 is a condition of doing business in this state and failure to pay the assessments, when due, shall result in the denial of the privilege of doing business in this state or to self-insure under subsections (b) and (c) of this section. If the liability for the assessments is insured, the insurance shall be by endorsement to a policy meeting all of the requirements of the Insurance Commissioner, or by a separate policy insuring the liability for the assessments, and otherwise meeting all of the requirements of the Insurance Commissioner. In the case of any employer who files acceptable security guaranteeing the liability for the assessments, failure to pay the assessments, when due, shall result in the denial of the privilege to self-insure under subsections (b) and (c) of this section.

(d) Any employer to whom a certificate of self-insurance has been issued pursuant to this section who fails or is unable to pay any compensation mandated by the provisions of this chapter, thereby requiring payment from the Second Injury Fund pursuant to section 31-355 , shall be prohibited from self-insuring his liability under this chapter for a period of ten years from the date of the payment. The employer shall be required during the ten-year period to insure his full liability under this part, exclusive of any liability resulting from the terms of section 31-284b , in any stock or mutual companies or associations that are or may be authorized to take such risks in this state. Failure to so insure his liability shall result in the denial of the privilege of doing business in this state.

(e) Whenever an employer fails to comply with the requirements of subsection (b) of this section, the Attorney General may bring a civil action in the superior court for the judicial district of Hartford to enjoin the employer, until such time as he fully complies with such requirements, from entering into any contracts of employment as a result of which he will employ additional employees.

(f) Each employer subject to the provisions of this chapter shall post, in a conspicuous place, a notice of the availability of compensation, in type of not less than ten-point boldface. The notice shall contain, at a minimum, the information required by regulations adopted pursuant to section 31-279 .

Employee seeking workmen's compensation has burden of proving that he sustained an injury, not merely in the course of his employment, but arising out of, that is, caused by his employment. 150 C. 328. Burden of proving injury sustained in course of employment on claimant. 151 C. 430. Cited. 153 C. 410; 156 C. 280, 281. Persons employed by board of education deemed town employees. 164 C. 65. Summary judgment for defendant employer sustained where plaintiff employee, injured while parking his car in the employees parking lot by a fellow employee driving the employer's truck, had claimed and been paid benefits pursuant to Workmen's Compensation Act. 167 C. 621. Cited. 169 C. 646; 175 C. 174. To be compensable, injury must, inter alia, occur while employee is reasonably fulfilling duties of employment or engaged in activity incidental to it; activity is incidental if regularly engaged in on employer's premises within period of employment, with employer's approval and acquiescence. 176 C. 547. Cited. 178 C. 371; 179 C. 662; 183 C. 508; 185 C. 616; 189 C. 671; Id., 701. Court declined to extend an exception to statute to include injuries to employees resulting from “intentional” or “wilful” or “reckless” violation by employees of safety standards established pursuant to federal and state laws such as OSHA. 196 C. 91. Cited. 203 C. 34; 204 C. 104; 206 C. 495; 212 C. 138; Id., 427; Id., 814; 219 C. 439; 221 C. 465; 223 C. 336; 229 C. 99; 237 C. 1; 238 C. 285; 242 C. 255. Maximum $10,000 penalty imposed on first-time offender who failed to obtain workers' compensation insurance coverage for single employee within first 2 weeks of employee's engagement deemed excessive. 244 C. 781. Purpose. 245 C. 66. Exculpatory agreements in the employment context violate Connecticut public policy. 280 C. 494. Plaintiff failed to present sufficient evidence that defendants intended to injure him or that they knew or believed that his injury was substantially certain to occur as a result of their conduct, including their violation of certain safety and labor regulations. 300 C. 733. Employee of municipal animal control district created under Sec. 7-330 was employee of member municipalities because member municipalities created, controlled and wholly funded the district, therefore act provided the exclusive remedy for employee's injuries. 304 C. 462.

Cited. 3 CA 16; Id., 547; 5 CA 193. By granting immunity to employees from loss of consortium suits, statute does not violate due process clause of federal or state constitutions. Id., 369. Cited. 7 CA 296; 10 CA 618; 15 CA 615; 16 CA 660. Bars receipt of uninsured motorist's benefits by plaintiff in receipt of workers' compensation benefits from same circumstances. 19 CA 169. Cited. 24 CA 739; 25 CA 492; judgment reversed, see 222 C. 744. Does not bar employee in receipt of compensation benefits from also obtaining uninsured or underinsured motorist benefits reduced by compensation benefits paid or payable. Id., 651; judgment reversed, see 222 C. 769. Cited. 27 CA 800; 30 CA 630; 34 CA 521; 44 CA 1; 46 CA 346. Section, absent an exception, bars plaintiff from claiming underinsured motorist coverage under his employer's policy despite fact that he is a named insured. 87 CA 416.

Cited. 27 CS 280. Action in negligence, against insurer of employer who has paid compensation to plaintiff employee for failure of insurer to inspect dangerous machinery in shop, is precluded by merger of identities of employer and insurer and policy of workmen's compensation acts. 28 CS 1. Cited. 30 CS 126. An employer cannot be sued as a joint tortfeasor by a third party whom his employee is suing for negligence, absent a separate contractual relation with third party. 31 CS 322. The Workmen's Compensation Act is not a bar to indemnity where such a right can be predicated on some legal relationship between the third party and employer giving rise to a duty on the part of the employer to the third party which is either contractually or tortiously breached. 32 CS 96. Cited. 38 CS 359; Id., 607; 39 CS 408; 42 CS 168.

Subsec. (a):

Cited. 176 C. 320; 179 C. 215. Personal injuries are compensable under workers' compensation when incurred while walking from employer-furnished transportation to employer-furnished lodging. Id., 501. Cited. 189 C. 550; 196 C. 529. Did not bar plaintiff administrator's wrongful death action where minor illegally hired in violation of public policy; 131 C. 157 overruled to the extent inconsistent. 203 C. 34. Cited. Id., 324; 205 C. 219; 208 C. 589; 209 C. 59; 218 C. 531; 220 C. 721; 221 C. 356. Construing uninsured motorist coverage as “exception” to workers' compensation act is irreconcilable with language of section; judgment of Appellate Court in 25 CA 492 reversed. 222 C. 744. Section bars work-related claim for uninsured motorist benefits under insurance policy procured by employer including employer's personal automobile liability insurance; judgment of Appellate Court in 25 CA 651 reversed. Id., 769. Cited. Id., 775; 223 C. 917; 226 C. 282; Id., 404; 227 C. 333; 234 C. 51; 235 C. 790. Employee not barred from recovering uninsured motorist coverage benefits against employer's insurer in regard to accident occurring prior to effective date of P.A. 93-297. 238 C. 285. Cited. 240 C. 694. Limitation on remedies under tort law is appropriate trade-off for benefits provided by workers' compensation. 252 C. 215. Tort actions for emotional injuries that are not compensable under act are not barred by exclusivity provisions of act. 259 C. 729. Cause of action in tort against insurer for bad faith processing of compensation claim barred by exclusivity provision of section, and remedies are limited to those afforded under Secs. 31-288(b) and 31-300. 273 C. 487. Plaintiff's assertion that intentional tort exception to section was applicable because defendant intentionally failed to correct several dangerous conditions which led to death of employee who was struck and killed after being sent to cut grass under roller coaster failed because evidence was not sufficient to establish intent to create an injury-causing situation. 277 C. 113. Assignment of plaintiff's CUTPA action to an estate would transform the action into a wrongful death action that is barred by the exclusivity provision of Workers' Compensation Act. 289 C. 1. When personal injury or death is compensable under Workers' Compensation Act, action for negligent infliction of bystander emotional distress is barred by exclusivity provision of section. 322 C. 335. Substantial certainty exception to the exclusivity provision requires employer conduct that so obviously and intentionally creates a danger to the employee that the employer cannot be believed if it denies that it knew the consequences were certain to follow. 327 C. 764.

Cited. 2 CA 363; 3 CA 40; 6 CA 60; 28 CA 660; 32 CA 16; 45 CA 324; 46 CA 699. Employee is barred from bringing negligence claim against employer. 52 CA 1. Court applied standard of “substantial causative factor” to the affirmative defense of wilful and serious misconduct, declining to apply a standard of “sole proximate cause”. 56 CA 215. Exception to exclusive remedy provision of Subsec. did not apply where plaintiff's complaint did not allege that city of New Haven intended to injure plaintiff or that the city directed or authorized city employee to injure plaintiff. 92 CA 558. Defendants' ordering deceased employees to enter oxygen-deficient manhole without safety equipment did not constitute wilful misconduct because plaintiffs failed to establish substantial certainty of decedents' deaths or that defendants knew of dangers of confined space entry. 100 CA 781. Although exclusivity provision speaks solely in terms of employers, the Supreme Court has extended provision's protection in the context of the workers' compensation claims process to insurers and third party administrators, therefore plaintiff's action against “independent third party” is barred. 122 CA 230. Intoxication of the employee as cause of injury remains, as it has for nearly 100 years, an affirmative defense with the burden of proof resting on the employer. 136 CA 258.

Not a bar to an action for indemnification by a bailee against an employer where the action is based on breach of a warranty of fitness under the bailment contract. 32 CS 210. Cited. Id., 213. Breach of an independent duty is sufficient to overcome the defense based on the Workmen's Compensation Act. Id., 214. In absence of special relationship, workmen's compensation is the exclusive remedy against an employer. 35 CS 268. Cited. 38 CS 324; 39 CS 250. Police officer struck by uninsured motorist while directing traffic in course of his employment was not “occupying” a motor vehicle for purposes of Sec. 38a-336(f) and is therefore limited to workers' compensation benefits. 51 CS 326; judgment affirmed, see 117 CA 656.
Conn. Gen. Stat. § 31-57t — Connecticut Code / Title 31 / Chapter 557 / Section 31-57t
Sec. 31-57t. Permitted uses for sick leave.
Status: in_force

(1) For (A) an employee's illness, injury or health condition, (B) the medical diagnosis, care or treatment of an employee's mental or physical illness, injury or health condition, (C) preventative medical care for an employee's mental or physical health, or (D) a mental health wellness day;

(2) For (A) illness, injury or health condition of an employee's family member, (B) the medical diagnosis, care or treatment of a mental or physical illness, injury or health condition of an employee's family member, or (C) preventative medical care for an employee's family member for such family member's mental or physical health;

(3) For closure by order of a public official, due to a public health emergency, of either (A) an employer's place of business, or (B) a family member's school or place of care;

(4) For a determination by a health authority having jurisdiction, an employer of the employee, an employer of a family member or a health care provider, that such employee or family member poses a risk to the health of others due to such employee's or family member's exposure to a communicable illness, whether or not the employee or family member contracted the communicable illness; and

(5) Where an employee or an employee's family member is a victim of family violence or sexual assault, provided such employee is not the perpetrator or alleged perpetrator of such family violence or sexual assault, for (A) medical care or psychological or other counseling for physical or psychological injury or disability, (B) obtaining services from a victim services organization, (C) relocating due to such family violence or sexual assault, or (D) participating in any civil or criminal proceedings related to or resulting from such family violence or sexual assault.

(b) No employer shall require an employee to provide any documentation that such leave is being taken for one of the purposes permitted under subsection (a) of this section.

(c) Nothing in sections 31-57s to 31-57w , inclusive shall be deemed to require any employer to provide paid sick leave for an employee's leave for any purpose other than those described in this section.

(d) Unless an employee policy or collective bargaining agreement provides for the payment of accrued fringe benefits upon termination, no employee shall be entitled to payment of unused accrued paid sick leave under this section upon termination of employment.

(e) Nothing in sections 31-57s to 31-57w , inclusive, shall be construed to prohibit an employer from taking disciplinary action against an employee who uses paid sick leave provided under sections 31-57s to 31-57w , inclusive, for purposes other than those described in this section.
Conn. Gen. Stat. § 31-236 — Connecticut Code / Title 31 / Chapter 567 / Section 31-236
Sec. 31-236. Disqualifications. Exceptions.
Status: repealed

(1) If the administrator finds that the individual has failed without sufficient cause either to apply for available, suitable work when directed so to do by the Public Employment Bureau or the administrator, or to accept suitable employment when offered by the Public Employment Bureau or by an employer, such ineligibility to continue until such individual has returned to work and has earned at least six times such individual's benefit rate. Suitable work means either employment in the individual's usual occupation or field or other work for which the individual is reasonably fitted, provided such work is within a reasonable distance of the individual's residence. In determining whether or not any work is suitable for an individual, the administrator may consider the degree of risk involved to such individual's health, safety and morals, such individual's physical fitness and prior training and experience, such individual's skills, such individual's previous wage level and such individual's length of unemployment, but, notwithstanding any provision of this chapter, no work shall be deemed suitable nor shall benefits be denied under this chapter to any otherwise eligible individual for refusing to accept work under any of the following conditions: (A) If the position offered is vacant due directly to a strike, lockout or other labor dispute; (B) if the wages, hours or other conditions of work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (C) if, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization; (D) if the position offered is for work that commences or ends between the hours of one and six o'clock in the morning if the administrator finds that such work would constitute a high degree of risk to the health, safety or morals of the individual, or would be beyond the physical capabilities or fitness of the individual or there is no suitable transportation available from the individual's home to or from the individual's place of employment; or (E) if, as a condition of being employed, the individual would be required to agree not to leave such position if recalled by the individual's former employer;

(2) (A) If, in the opinion of the administrator, the individual has left suitable work voluntarily and without good cause attributable to the employer, until such individual has earned at least ten times such individual's benefit rate, provided whenever an individual voluntarily leaves part-time employment under conditions that would render the individual ineligible for benefits, such individual's ineligibility shall be limited as provided in subsection (b) of this section, if applicable, and provided further, no individual shall be ineligible for benefits if the individual leaves suitable work (i) for good cause attributable to the employer, including leaving as a result of changes in conditions created by the individual's employer, (ii) to care for the individual's spouse, child, or parent with an illness or disability, as defined in subdivision (16) of this subsection, (iii) due to the discontinuance of transportation, other than the individual's personally owned vehicle, used to get to and from work, provided no reasonable alternative transportation is available, (iv) to protect the individual, the individual's child, the individual's spouse or the individual's parent from becoming or remaining a victim of domestic violence, as defined in section 17b-112a , provided such individual has made reasonable efforts to preserve the employment, but the employer's account shall not at any time be charged with respect to any voluntary leaving that falls under subparagraph (A)(iv) of this subdivision, (v) for a separation from employment that occurs on or after July 1, 2007, to accompany a spouse who is on active duty with the armed forces of the United States and is required to relocate by the armed forces, but the employer's account shall not at any time be charged with respect to any voluntary leaving that falls under subparagraph (A)(v) of this subdivision, or (vi) to accompany such individual's spouse to a place from which it is impractical for such individual to commute due to a change in location of the spouse's employment, but the employer's account shall not be charged with respect to any voluntary leaving under subparagraph (A)(vi) of this subdivision; or

(B) If, in the opinion of the administrator, the individual has been discharged or suspended for felonious conduct, conduct constituting larceny of property or service, the value of which exceeds twenty-five dollars, or larceny of currency, regardless of the value of such currency, wilful misconduct in the course of the individual's employment, or participation in an illegal strike, as determined by state or federal laws or regulations, until such individual has earned at least ten times the individual's benefit rate; provided an individual who (i) while on layoff from regular work, accepts other employment and leaves such other employment when recalled by the individual's former employer, (ii) leaves work that is outside the individual's regular apprenticeable trade to return to work in the individual's regular apprenticeable trade, (iii) has left work solely by reason of governmental regulation or statute, or (iv) leaves part-time work to accept full-time work, shall not be ineligible on account of such leaving and the employer's account shall not at any time be charged with respect to such separation, unless such employer has elected payments in lieu of contributions;

(3) During any week in which the administrator finds that the individual's total or partial unemployment is due to the existence of a labor dispute other than a lockout at the factory, establishment or other premises at which the individual is or has been employed, provided the provisions of this subsection do not apply if it is shown to the satisfaction of the administrator that (A) the individual is not participating in or financing or directly interested in the labor dispute that caused the unemployment, and (B) the individual does not belong to a trade, class or organization of workers, members of which, immediately before the commencement of the labor dispute, were employed at the premises at which the labor dispute occurred, and are participating in or financing or directly interested in the dispute; or (C) the individual's unemployment is due to the existence of a lockout. A lockout exists whether or not such action is to obtain for the employer more advantageous terms when an employer (i) fails to provide employment to its employees with whom the employer is engaged in a labor dispute, either by physically closing its plant or informing its employees that there will be no work until the labor dispute has terminated, or (ii) makes an announcement that work will be available after the expiration of the existing contract only under terms and conditions that are less favorable to the employees than those current immediately prior to such announcement; provided in either event the recognized or certified bargaining agent shall have advised the employer that the employees with whom the employer is engaged in the labor dispute are ready, able and willing to continue working pending the negotiation of a new contract under the terms and conditions current immediately prior to such announcement;

(4) (A) Prior to January 1, 2024, during any week with respect to which the individual has received or is about to receive remuneration in the form of (i) (I) wages in lieu of notice or dismissal payments, including severance or separation payment by an employer to an employee beyond the employee's wages upon termination of the employment relationship, unless the employee was required to waive or forfeit a right or claim independently established by statute or common law, against the employer as a condition of receiving the payment, or any payment by way of compensation for loss of wages, or (II) any other state or federal unemployment benefits, except mustering out pay, terminal leave pay or any allowance or compensation granted by the United States under an Act of Congress to an ex-serviceperson in recognition of the ex-serviceperson's former military service, or any service-connected pay or compensation earned by an ex-serviceperson paid before or after separation or discharge from active military service, or (ii) compensation for temporary disability under any workers' compensation law; and

(B) On or after January 1, 2024, during any week with respect to which the individual has received or is about to receive remuneration in the form of (i) (I) wages in lieu of notice or dismissal payments, including severance or separation payment by an employer to an employee beyond the employee's wages upon termination of the employment relationship or any payment by way of compensation for loss of wages, (II) any other state or federal unemployment benefits, or (III) any vacation pay relating to an identifiable week or weeks designated as a vacation period by arrangement between the individual or the individual's representative and the individual's employer or that is the customary vacation period in the employer's industry. The following are excluded from this subparagraph: Mustering out pay, terminal leave pay or any allowance or compensation granted by the United States under an Act of Congress to an ex-serviceperson in recognition of the ex-serviceperson's former military service, or any service-connected pay or compensation earned by an ex-serviceperson paid before or after separation or discharge from active military service, or any payment of accrued vacation pay payable upon separation from employment, or (ii) compensation for temporary disability under any workers' compensation law;

(5) Repealed by P.A. 73-140;

(6) If the administrator finds that the individual has left employment to attend a school, college or university as a regularly enrolled student, such ineligibility to continue during such attendance;

(7) Repealed by P.A. 74-70, S. 2, 4;

(8) If the administrator finds that, having received benefits in a prior benefit year, the individual has not again become employed and been paid wages since the commencement of said prior benefit year in an amount equal to the greater of three hundred dollars or five times the individual's weekly benefit rate by an employer subject to the provisions of this chapter or by an employer subject to the provisions of any other state or federal unemployment compensation law;

(9) If the administrator finds that the individual has retired and that such retirement was voluntary, until the individual has again become employed and has been paid wages in an amount required as a condition of eligibility as set forth in subdivision (3) of subsection (a) of section 31-235 ; except that the individual is not ineligible on account of such retirement if the administrator finds (A) that the individual has retired because (i) such individual's work has become unsuitable considering such individual's physical condition and the degree of risk to such individual's health and safety, and (ii) such individual has requested of such individual's employer other work that is suitable, and (iii) such individual's employer did not offer such individual such work, or (B) that the individual has been involuntarily retired;

(10) Repealed by P.A. 77-426, S. 6, 19;

(11) Repealed by P.A. 77-426, S. 6, 19;

(12) Repealed by P.A. 77-426, S. 17, 19;

(13) If the administrator finds that, having been sentenced to a term of imprisonment of thirty days or longer and having commenced serving such sentence, the individual has been discharged or suspended during such period of imprisonment, until such individual has earned at least ten times such individual's benefit rate;

(14) If the administrator finds that the individual has been discharged or suspended because the individual has been disqualified under state or federal law from performing the work for which such individual was hired as a result of a drug or alcohol testing program mandated by and conducted in accordance with such law, until such individual has earned at least ten times such individual's benefit rate;

(15) If the individual is a temporary employee of a temporary help service and the individual refuses to accept suitable employment when it is offered by such service upon completion of an assignment until such individual has earned at least six times such individual's benefit rate; and

(16) (A) For purposes of subparagraph (A)(ii) of subdivision (2) of this subsection, “illness or disability” means an illness or disability diagnosed by a health care provider that necessitates care for the ill or disabled person for a period of time longer than the employer is willing to grant leave, paid or otherwise, and “health care provider” means (i) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; (ii) a podiatrist, dentist, psychologist, optometrist or chiropractor authorized to practice by the state in which such person practices and performs within the scope of the authorized practice; (iii) an advanced practice registered nurse, nurse practitioner, nurse midwife or clinical social worker authorized to practice by the state in which such person practices and performs within the scope of the authorized practice; (iv) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; (v) any medical practitioner from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; (vi) a medical practitioner, in a practice enumerated in clauses (i) to (v), inclusive, of this subparagraph, who practices in a country other than the United States, who is licensed to practice in accordance with the laws and regulations of that country; or (vii) such other health care provider as the Labor Commissioner approves, performing within the scope of the authorized practice.

(B) For purposes of subparagraph (B) of subdivision (2) of this subsection, “wilful misconduct” means deliberate misconduct in wilful disregard of the employer's interest, or a single knowing violation of a reasonable and uniformly enforced rule or policy of the employer, when reasonably applied, provided such violation is not a result of the employee's incompetence and provided further, in the case of absence from work, “wilful misconduct” means an employee must be absent without either good cause for the absence or notice to the employer which the employee could reasonably have provided under the circumstances for three separate instances within a twelve-month period. Except with respect to tardiness, for purposes of subparagraph (B) of subdivision (2) of this subsection, (i) prior to January 1, 2024, each instance in which an employee is absent for one day or two consecutive days without either good cause for the absence or notice to the employer which the employee could reasonably have provided under the circumstances constitutes a “separate instance”, and (ii) on or after January 1, 2024, each instance in which an employee is absent for one day without either good cause for the absence or notice to the employer which the employee could reasonably have provided under the circumstances constitutes a “separate instance”.

(C) For purposes of subdivision (15) of this subsection, “temporary help service” means any person conducting a business that consists of employing individuals directly for the purpose of furnishing part-time or temporary help to others; and “temporary employee” means an employee assigned to work for a client of a temporary help service.

(b) Any individual who has voluntarily left part-time employment under conditions which would otherwise render him ineligible for benefits pursuant to subparagraph (A) of subdivision (2) of subsection (a) of this section, who has not earned ten times his benefit rate since such separation and who is otherwise eligible for benefits shall be eligible to receive benefits only as follows: (1) If such separation from the individual's part-time employment precedes a compensable separation, under the provisions of this chapter, from his full-time employment, he shall be eligible to receive an amount equal to the benefits attributable solely to the wages paid to him for any employment during his base period other than such part-time employment; or (2) if such separation from the individual's part-time employment follows a compensable separation, under the provisions of this chapter, from his full-time employment, he shall be eligible to receive an amount equal to the lesser of the partial unemployment benefits he would have received under section 31-229 but for such separation from his part-time employment or the partial unemployment benefits for which he would be eligible under section 31-229 based on any subsequent part-time employment. In no event may the employer who provided such part-time employment for the individual be charged for any benefits paid pursuant to the subsection. For purposes of this subsection, “full-time employment” means any job normally requiring thirty-five hours or more of service each week, and “part-time employment” means any job normally requiring less than thirty-five hours of service each week.

“Available for work” construed with respect to waitress. 126 C. 441. Depends on whether or not there is a labor market for the work employee can do. 132 C. 651. Deliberate violation of reasonable rule in connection with work constitutes “wilful misconduct”. 133 C. 308. Rule forbidding solicitation for union membership in working hours reasonable. Id., 310. Vacation pay is “payment by way of compensation for loss of wages”. 136 C. 482. Plaintiff not eligible for benefits while receiving allowances under Servicemen's Readjustment Act. 137 C. 240. An offer and refusal of employment is not a condition precedent to disqualification where claimant is not available for work. Id., 438. Employee is subject to disqualification prescribed if he leaves part-time work to accept better paying position; claimant's leaving dated from time she took new job, rather than from the beginning of vacation period. Id., 693. The test to determine whether a person's refusal to cross a picket line established by a union of which he is not a member rendered him a participant in the dispute is whether his refusal was voluntary or involuntary; employee is “directly interested in a labor dispute” if his wages, hours or working conditions will be affected by the outcome of the dispute. 139 C. 20. A pension, at least to the extent to which each payment has been increased because of employer's contributions, is one “by way of compensation for loss of wages”. Id., 569. Severance pay held “payment by way of compensation for loss of wages”. Id., 572. Vacation pay from union welfare fund disqualifies employee from benefits as it is a payment by way of compensation for loss of wages. 142 C. 236. Facts of each case determine question of “suitable work”. 148 C. 475. Section does not provide unemployment compensation coverage for school vacation periods to cafeteria workers and school aides. 169 C. 592. “Suitable work” depends on facts of particular case. 175 C. 562. Cited. 184 C. 317; 196 C. 440.

Cited. 17 CA 441; 25 CA 130. “Quit to care” provision operates as an exception to penalty provision of section. 34 CA 620.

Disqualifications for compensation are conditions subsequent and the burden of proof is on commissioner. 15 CS 286. Employee entitled to unemployment compensation where employer shut down his plant for 2 weeks as a vacation period but employee was entitled to only 1 week of vacation pay. 17 CS 144. Cited. 20 CS 110. Whether there was wilful misconduct depends on whether conduct of claimant could be held reasonably to amount to a deliberate violation of a reasonable rule. 22 CS 458. Where plaintiff's employment was terminated early in her pregnancy because employer in good faith wished to train replacement at that time, plaintiff was correctly denied benefits. 23 CS 155. Employee fired for hurling rock through windshield while picketing held ineligible for benefits; picketing itself is not act of misconduct, but hurling rocks is. Id., 206. Where claimant was offered former job back during strike and he proceeded to participate in strike, he was held ineligible for benefits; claimant's former job held not to be “new work” within meaning of statute when offered during strike to one who had been laid off 4 weeks before strike and in a situation where collective bargaining agreement between union and employer had expired prior to layoff. Id., 233. “Wilful misconduct” discussed. 24 CS 177. Employee has burden of proving nonparticipation. Id., 461. Cited. 25 CS 244. Separation allowance computed on years of service and supplemental allowance to pensioners under labor management agreement paid on closing of plant held dismissal payments; acceptance of separation allowance in lump sum did not change nature of payment computed on weekly basis. 27 CS 169. Finding by commissioner that plaintiff's concern over unreliable transportation was refusal to accept employment held arbitrary and unreasonable. 31 CS 269. Cited. 39 CS 328; 44 CS 285.

Subsec. (a):

Provision referring to conditions “current immediately prior to” a lockout announcement held to mean those conditions contained in the last mutual agreement between a union and the employer; section falls within realm of discretion provided to states by Congress to award unemployment benefits to workers unable to work as result of a labor dispute and is not preempted by National Labor Relations Act. 250 C. 297.

Subdiv. (1):

Subdiv. held not to permit establishment or application by administrator of any arbitrary adjustment period in which to find suitable work during same hours as those of prior employment. 148 C. 475. Cited. 172 C. 492.

Within meaning of statute, “residence” is claimant's residence at time of rehire offer, not at time of layoff. 2 CA 1.

Refusal to return to work at reduced salary disqualifies one for compensation. 11 CS 337. Suitable employment discussed. 16 CS 199; Id., 264; 18 CS 145. Subpara. (C): Claimant who refused referred employment solely because it required union membership not entitled to benefits. 20 CS 10. Claimant who was union member and quit nonunion job because union business agent told him he would lose union membership otherwise, held not available for work; exception does not apply where union sets conditions contrary to statutory provisions. 27 CS 446. Cited. 39 CS 520.

Subdiv. (2):

Company designated shutdown period as including vacation period; fact that union, as agent for plaintiff, gave company this right did not make plaintiff's second week of vacation, without pay, a period of voluntary and self-imposed unemployment. 138 C. 253. Subpara. (A): Where employer sets expiration date of contract, conclusion that employee did not voluntarily terminate employment is not unreasonable; discussion of possible result if union had negotiated the contract. 177 C. 132. Subpara. (A): “For cause” construed to encompass personal as well as work-related reasons. 181 C. 1. Cited. 187 C. 262. Subpara. (B): Term “felonious conduct” as used in statute includes felonious conduct violating federal laws. 196 C. 546. Subpara. (B): A final incidence may be “repeated wilful misconduct” if conduct at issue is part of past pattern of wilful misconduct. 209 C. 381.

Cited. 1 CA 591; 3 CA 494; 4 CA 617; 5 CA 309; 6 CA 588. Subpara. (A): Leaving suitable work for better pay is insufficient, by itself, to establish good cause. Id., 658. Cited. 12 CA 207; 41 CA 751. Subpara. (B) only requires a single knowing violation of an employer rule; absence of repetition does not prevent the possibility of discharge for wilful misconduct. 54 CA 154. Subpara. (B): To establish that an individual was discharged for deliberate misconduct in wilful disregard of employer's interest, board must find that the individual's act or omission constituted misconduct and was done deliberately and in wilful disregard of employer's interests. 130 CA 266. Plaintiff's belief that he was not harassing anyone and refusal to attend a mandatory class on harassment constituted wilful misconduct under Subdiv. (B) making him ineligible for benefits. 155 CA 259.

Subpara. (A): Severing employment to report for induction into army. 11 CS 160. Subpara. (B): Employee who momentarily left machine running unattended in violation of employer's rule ineligible for compensation for wilful misconduct. Id., 221. Cited. 12 CS 391. Lack of transportation not sufficient reason to leave work where claimant did not give employer chance to arrange for it. 15 CS 445. Harmless taking of discarded article by employee not sufficient basis for wilful misconduct. 16 CS 311. Leaving work on ground that services worth more than remuneration held not sufficient cause. 17 CS 415. Claimant who gave notice of resignation and later attempted to withdraw it after company had hired a replacement was declared eligible for benefits; claimant whose license to operate taxicab had been revoked for failure to make full restitution for damage done by him in accident and for failure to furnish proof of financial responsibility ineligible for unemployment compensation. 19 CS 363. No lesser degree of culpability in this state than wilful misconduct. 20 CS 399. Where claimant left job when employer told him he could retain his job as driver, if during period of license suspension, he found a substitute and paid him from his own pocket, held claimant left work without sufficient cause. 21 CS 206. Inefficiency, negligence, carelessness, improper conduct and errors in judgment alone are not construed as “wilful misconduct” disqualifying claimant from benefits under Subpara. (B). 25 CS 215. Falsifying employment questionnaire held intentional act of misleading employer and constituted wilful misconduct in course of employment. 27 CS 215. Subpara. (B): Repeated absences from work without good cause recognized as wilful misconduct. 29 CS 14, 18. Cited. Id., 251. Offer of same job after penalty period ineffective as to deny benefits under suitable work provision. Id., 486. Cited. Id., 492. Subpara. (A): Employee's decision not to reenlist in National Guard, a condition of employment voluntarily accepted by employee, is voluntary termination of employment without employment-connected cause. 31 CS 12. Cited. 38 CS 710. Subpara. (A): Doctrine of voluntary constructive leaving discussed. 39 CS 371. Court held it reasonable for appeals referee to conclude that before plaintiff could collect unemployment benefits, plaintiff must make an effort to seek a position with the employer which would be consistent with plaintiff's beliefs rather than assume that no such position would be available. 40 CS 208. Subpara. (B): Theft of $25 or less of property or services, while not a disqualifying larceny, can constitute a disqualifying act of wilful misconduct where there is proof of the larceny and the existence of a reasonable and uniformly enforced rule or policy by the employer. 46 CS 579.

Subdiv. (3):

General Assembly intended same meaning for “labor dispute” here as that expressed in Sec. 31-112(c); each week of unemployment is severable unit. 135 C. 373. Refusal of plaintiffs to cross picket lines constituted participation in labor dispute and rendered them ineligible for compensation. Id., 695. “Lockout” defined. 137 C. 380. A lockout is a withholding of employment by employer in effort to obtain for himself more advantageous terms. Id., 393. Controversy which caused unemployment of plaintiffs was labor dispute within meaning of statute. 139 C. 329. Unemployment was caused by labor dispute rather than lockout. Id., 515. Definition. 142 C. 497. No lockout existed where employer in labor dispute over new contract negotiations closed stores after old contract expired because not advised by employees' bargaining agent that they would continue work pending negotiation of new contract; employees not entitled to unemployment compensation. 158 C. 556. Disqualification under Subdiv. has three elements: (1) There must be unemployment, (2) there must be a labor dispute, (3) unemployment must result from existence of labor dispute. 164 C. 446.

Refusal to cross picket line because of fear of bodily harm does not render one ineligible. 16 CS 286. Dismissed employees entitled to compensation when dismissed as result of labor dispute. Id., 491. Where shutdown due to lockout. 18 CS 94; 20 CS 211.

Subdiv. (4):

Payment of pension disqualifies plaintiff for unemployment benefits to which he would have become entitled by virtue of employment by one who is paying pension. 138 C. 630. Purpose and history; under former Subpara. (C), it is immaterial whether payment represents deferred compensation or a pension; if lump sum is paid, it should be divided by weeks of life expectancy to determine weekly payments. 146 C. 215. Holiday pay classified as earned remuneration rather than compensation for lost wages; purpose of Subdiv. Id., 264.

Subpara. (A): Consideration of vacation pay. 15 CS 267; Id., 501; 16 CS 225; 18 CS 472; 19 CS 367.

Subdiv. (8):

Severance pay and vacation pay do not qualify as wages within meaning of statute. 153 C. 692.

Plaintiff, a physician, performed services for husband, also a physician, during his illness and received $150 from him; held this did not constitute wages. 21 CS 144. Evidence tended to prove that claimant's brother hired him for 2 weeks merely to qualify claimant under Subdiv. but award of compensation commissioner upheld. Id., 204.

Subdiv. (9):

Where employee voluntarily requested payment from union pension fund and applied for and received Social Security benefits, he had voluntarily retired and was ineligible for unemployment benefits. 28 CS 57. Plaintiff mason voluntarily leaving job because partner had left, as he thought union rules forbade his remaining, left suitable work voluntarily without sufficient case. Id., 394. Cited. 34 CS 11.

Subdiv. (14):

Subdiv. applicable only to state or federally mandated employment-based drug or alcohol testing program; Subdiv. does not disallow unemployment compensation benefits for commercial truck driver whose operator's license was suspended for operating motor vehicle under the influence of intoxicating liquor while off duty regardless of resulting ineligibility for commercial driver's license and inability to perform duties as truck driver. 309 C. 412.
Conn. Gen. Stat. § 31-71e — Connecticut Code / Title 31 / Chapter 558 / Section 31-71e
Sec. 31-71e. Withholding of part of wages.
Status: in_force

Cited. 212 C. 294. Formula for calculating salesperson's commissions did not violate prohibition against employer deducting money from employees' wages. 260 C. 152. Under 2007 revision, written authorization re potential forfeiture of withheld wages was informed and voluntary and complied with requirements of Subdiv. (2), and employer's failure to seek Labor Commissioner's approval of plan election form did not, by itself, require invalidation of authorized payroll plan deductions because statute is directory, not mandatory, re form approval. 289 C. 769.

Plaintiff, an at-will employee, failed to provide any law or legal analysis to support claim that trial court improperly concluded that, in implementing furlough program affecting all salaried and hourly employees, employer did not violate statute prohibiting withholding of any portion of an employee's salary. 52 CA 724.

Cited. 40 CS 246.
Conn. Gen. Stat. § 31-50 — Connecticut Code / Title 31 / Chapter 557 / Section 31-50
Sec. 31-50. Enforcement.
Status: in_force

Statute does not apply when it is agreed that reciprocal notice shall be given. 58 C. 104. Cited. 196 C. 529.
Conn. Gen. Stat. § 31-49r — Connecticut Code / Title 31 / Chapter 557 / Section 31-49r
Sec. 31-49r. Disqualification from program. Repayment of benefits. Wilful misrepresentation. Financial penalties. Health care providers. Medical certifications.
Status: in_force

(b) If family and medical leave compensation is paid to a covered employee erroneously or as a result of wilful misrepresentation by such employee, or if a claim for family and medical leave compensation is rejected after compensation is paid, the authority may seek repayment of benefits from the employee having received such compensation. In the case of wilful misrepresentation, the authority may seek payment of a penalty in the amount of fifty per cent of the benefits paid as a result of such misrepresentation. The authority may waive, in whole or in part, the amount of any such payments if the recovery would be against equity and good conscience.

(c) If family and medical leave compensation is paid as a result of wilful misrepresentation by any health care provider, the authority shall notify the Labor Commissioner and may seek payment of a penalty from such health care provider in the amount of three hundred per cent of the benefits paid as a result of such misrepresentation. The authority may waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience.

(d) Any person, including an employer, who intentionally aids, abets, assists, promotes or facilitates the making of, or the attempt to make, any claim for benefits or the receipt or attempted receipt of benefits by another person in violation of subsection (b) of this section shall be liable for the same financial penalty as the person making or attempting to make the claim or receiving or attempting to receive the benefits.

(e) A health care provider shall complete a timely medical certification of a patient's serious medical condition at the request of the patient. No health care provider shall charge a patient a fee for such service.

(f) Any person who has received a greater amount of benefits than was due to such person under sections 31-49e to 31-49t , inclusive, shall be charged by the authority with an overpayment of a sum equal to the amount overpaid to such person and shall pay such sum to the authority in accordance with a repayment schedule as determined by the authority. Any person who fails to make payments in accordance with such schedule shall be subject to interest at a rate of one per cent of the amount owed per month. If a person fails to repay according to the schedule established, the authority may request the Commissioner of Administrative Services to seek reimbursement for such amount owed plus interest pursuant to section 12-742 .

(g) Any person who has been assessed a penalty by the authority under sections 31-49e to 31-49t , inclusive, shall pay such penalty to the authority in accordance with a payment schedule as determined by the authority. Any person who fails to make payments in accordance with such payment schedule shall be subject to interest at a rate of one per cent of the amount owed per month. If a person fails to repay according to the schedule, the authority may request the Commissioner of Administrative Services to seek reimbursement for such amount owed plus interest pursuant to section 12-742 .
Conn. Gen. Stat. § 31-380 — Connecticut Code / Title 31 / Chapter 571 / Section 31-380
Sec. 31-380. Enjoining of conditions or practices at places of employment. Mandamus against commissioner for failure to act.
Status: in_force

(b) Whenever and as soon as an inspector concludes that conditions or practices described in subsection (a) of this section exist in any place of employment, he shall inform the affected employees and employer or owner of such danger and shall further inform such persons that he is recommending to the commissioner that relief be sought.

(c) If the commissioner arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such failure, or the representative of such employee, may bring an action against the commissioner in the superior court for the judicial district in which the imminent danger is alleged to exist or where the employer or owner has its principal office, for a writ of mandamus to compel the commissioner to seek such an order and for such further relief as may be appropriate.
Conn. Gen. Stat. § 31-53d — Connecticut Code / Title 31 / Chapter 557 / Section 31-53d
Sec. 31-53d. Renewable energy and hydrogen projects. Community benefits agreement. Workforce development program. Contractor sworn certification. Wages. Penalties. Exceptions.
Status: in_force

(1) “Covered project” means a renewable energy project with a total nameplate capacity of two megawatts or more that is situated on land in the state, or, on and after January 1, 2025, a hydrogen project. “Covered project” does not include (A) any renewable energy project (i) selected in a competitive solicitation conducted by (I) the Department of Energy and Environmental Protection, or (II) an electric distribution company, as defined in section 16-1 , and (ii) approved by the Public Utilities Regulatory Authority prior to January 1, 2022, (B) any renewable energy project under contract with another entity and approved by the relevant regulatory authority, as applicable, prior to January 1, 2022, or (C) any renewable energy project that commenced construction before July 1, 2021;

(2) “Renewable energy project” means a Class I renewable energy source, as defined in section 16-1 . “Renewable energy project” does not include any offshore wind facility procured pursuant to section 16a-3h , 16a-3m or 16a-3n ;

(3) “Hydrogen project” means any project that produces, processes, transports, stores or uses hydrogen;

(4) “Community benefits agreement” means an agreement between (A) the developer of a covered project, and (B) community-based organizations or a coalition of such organizations, that details the project's contributions to the community in which it is or will be sited and the aspects of the project that will mitigate adverse conditions of such community and create opportunities for local businesses, communities and workers;

(5) “Labor organization” means any organization, other than a company union, that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection, including, but not limited to, (A) bona fide labor organizations that are certified or recognized as the organization of jurisdiction representing the workers involved, (B) bona fide building and construction trades councils or district councils, and (C) state and local labor federations comprised of local unions certified or recognized as the representative of the workers; and

(6) “Workforce development program” means a program pursuant to which newly hired employees and existing employees are given the opportunity to develop skills that will enable such employees to qualify for higher paying jobs on a covered project. A workforce development program includes: (A) Apprenticeship training through an apprenticeship program registered with the Labor Department or a federally recognized state apprenticeship agency that complies with the requirements under 29 CFR 29 and 29 CFR 30, as each may be amended from time to time, and (B) preapprenticeship training that will enable students to qualify for registered apprenticeship training.

(b) The developer of a covered project shall (1) take all reasonable actions to ensure that a community benefits agreement is entered into with appropriate community organizations representing residents of the community in which the project is or will be located if the nameplate capacity of the project is five megawatts or more, and (2) take appropriate actions to ensure a workforce development program is established.

(c) The developer of a covered project shall take all necessary actions to ensure that each contractor and subcontractor involved in the construction of the project completes a sworn certification that the contractor or subcontractor: (1) Has the necessary resources to perform the portion of the covered project to which the contractor or subcontractor are assigned, including the necessary technical, financial and personnel resources; (2) has all required contractor, specialty contractor or trade licenses, certifications or certificates required of any business entity or individual by applicable state or local law; (3) participates in apprenticeship training through an apprenticeship program registered with the Labor Department or a federally recognized state apprenticeship agency that complies with the requirements under 29 CFR 29 and 29 CFR 30, as each may be amended from time to time; (4) during the previous three years (A) has not been debarred by any government agency; (B) has not defaulted on any project; (C) has not had any license, certification or other credential relating to the business revoked or suspended; and (D) has not been found in violation of any law applicable to the contractor's or subcontractor's business that resulted in the payment of a fine, back pay damages or any other type of penalty in the amount of ten thousand dollars or more; (5) will pay personnel employed on the project not less than the applicable wage and fringe benefit rates for the classification in which such personnel is employed and required for the project; and (6) has not misclassified and will not misclassify labor employees as independent contractors.

(d) The developer of a covered project shall submit to the Labor Commissioner the sworn certification of compliance specified in subsection (c) of this section not later than thirty days prior to commencement of construction of the project. Such sworn certification shall be considered a public document that shall be made available without redaction on the Labor Department's Internet web site not later than seven days after being submitted to the Labor Commissioner. If a sworn certification contains false, misleading or materially inaccurate information, the contractor or subcontractor that executed such sworn certification shall, after notice and opportunity to be heard, be subject to debarment pursuant to section 31-53a .

(e) The failure of the developer of a covered project to take reasonable steps to ensure that the sworn certification submitted to the Labor Commissioner pursuant to subsection (d) of this section are accurate and truthful shall constitute a violation of this section and shall be subject to penalties and sanctions for conduct constituting noncompliance. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing the penalties and sanctions applicable to a violation of this subsection.

(f) (1) Each contractor and subcontractor on a covered project shall (A) pay each construction employee on the project wages and benefits that are not less than the prevailing wage and fringe benefit rates prescribed in section 31-53 for the corresponding classification in which the employee is employed, and (B) be subject to all reporting and compliance requirements of section 31-53 . Contractors and subcontractors that violate this subsection shall be subject to penalties and sanctions in accordance with section 31-53 .

(2) Each operations, maintenance and security employee employed in a building or facility that is constructed in a covered project shall be paid wages and benefits that are not less than the prevailing wage and fringe benefit rates prescribed in section 31-53 or, if applicable, the standard wage specified in section 31-57f for the corresponding classification in which the employee is employed.

(g) Prevailing wage requirements under subsection (f) of this section shall not apply to a construction project that is covered by a project labor agreement. For the purposes of this subsection, “project labor agreement” means an agreement that: (1) Binds all contractors and subcontractors on the covered project to the project labor agreement through the inclusion of specifications in all relevant solicitation provisions and contract documents; (2) allows all contractors and subcontractors to compete for contracts and subcontracts on the project without regard to whether they are otherwise parties to collective bargaining agreements; (3) establishes uniform terms and conditions of employment for all construction labor employed on the projects; (4) guarantees against strikes, lockouts and similar job disruptions; (5) sets forth mutually binding procedures for resolving labor disputes arising during the project labor agreement; and (6) includes any other provisions as negotiated by the parties to promote successful delivery of the covered project.
Conn. Gen. Stat. § 31-232k — Connecticut Code / Title 31 / Chapter 567 / Section 31-232k
Sec. 31-232k. Interstate claims for extended benefits.
Status: in_force

(b) Subsection (a) of this section shall not apply with respect to the first two weeks for which extended benefits are payable pursuant to an interstate claim filed under the interstate benefit payment plan to the individual with respect to the benefit year.
Conn. Gen. Stat. § 31-51 — Connecticut Code / Title 31 / Chapter 557 / Section 31-51
Sec. 31-51. Blacklisting.
Status: in_force

See Sec. 31-105 re unfair labor practices.

Cited. 313 U.S. 184. Section does not preclude application of a qualified privilege to statements made in an employment reference. 284 C. 35.
Conn. Gen. Stat. § 31-236b — Connecticut Code / Title 31 / Chapter 567 / Section 31-236b
Sec. 31-236b. Eligibility for benefits not impaired by reason of participation in training with commissioner's approval. Approval of programs.
Status: in_force

(b) The administrator shall adopt regulations, in accordance with the provisions of chapter 54, which establish the guidelines to be used by the administrator in determining which job training programs, job retraining programs and claimants shall be approved for the purposes of this section. Any such program sponsored by (1) any federal, state or municipal department, (2) any labor organization, or (3) any private employer shall be approved upon meeting the requirements of such guidelines.
Conn. Gen. Stat. § 31-312 — Connecticut Code / Title 31 / Chapter 568 / Section 31-312
Sec. 31-312. Compensation for time lost during and expense of medical treatment. Reimbursement of wages lost due to appearance at informal hearing. Payments to prevailing claimants in contested cases. Medical attention outside regular work hours.
Status: in_force

(b) When a claimant is given notice to appear at a conference or an informal hearing before an administrative law judge and does appear, he shall be entitled to reimbursement of wages lost by reason of the appearance if he is not then receiving compensation for the appearance as provided in this subsection. When liability or extent of disability is contested by formal hearing before the administrative law judge, the claimant shall be entitled, if he prevails on final judgment, to payment for services rendered him by a competent physician or surgeon for examination, x-ray, medical tests and testimony in connection with the claim, the administrative law judge to determine the reasonableness of the charges, and he shall be entitled to receive payment of one-fifth of the weekly compensation, as computed in accordance with section 31-310 , for each day, or part thereof, that he is in attendance at the formal hearing if he is not then receiving compensation.

(c) No employer shall require any person receiving medical attention under the provisions of this chapter to receive such medical attention outside the person's regular work hours if such work hours overlap or coincide with the office hours of the treating physician.
Conn. Gen. Stat. § 31-128b — Connecticut Code / Title 31 / Chapter 563a / Section 31-128b
Sec. 31-128b. Employee access to personnel file, documentation of disciplinary action and notice of termination.
Status: in_force

(b) Each employer shall, not more than ten business days after receipt of a written request from a former employee, permit such former employee to inspect, and if requested, copy his or her personnel file if such a file exists, provided the employer receives such written request not later than one year after the termination of such former employee's employment with the employer. Such inspection shall take place during regular business hours at a location mutually agreed upon by the employer and former employee. If the employer and former employee cannot agree upon a location to conduct such inspection, the employer may satisfy the requirements of this subsection by mailing a copy of the former employee's personnel file to the former employee not more than ten business days after receipt of the written request from the former employee.

(c) Each employer shall provide an employee with a copy of any documentation of any disciplinary action imposed on that employee not more than one business day after the date of imposing such action. Each employer shall immediately provide an employee with a copy of any documented notice of that employee's termination of employment.
Conn. Gen. Stat. § 31-22v — Connecticut Code / Title 31 / Chapter 557 / Section 31-22v
Sec. 31-22v. Office of apprenticeship training. Internet web site.
Status: in_force

(1) Simplification of the process by which current and prospective apprentices and employers may access comprehensive information relating to apprenticeship training on the department's Internet web site;

(2) An accurate list of occupations in which apprentices are employed in the state and the number of apprentices participating in each occupation within the previous calendar year; and

(3) Comprehensive information regarding apprenticeship coursework, including, but not limited to, a list of apprenticeship coursework providers, the Internet web site addresses for such apprenticeship coursework providers, the locations of such apprenticeship coursework providers, the occupations in which such apprenticeship coursework providers offer apprenticeship coursework and the costs associated with such apprenticeship coursework, which shall be accompanied by a disclaimer that cost information is only one factor to be considered in selecting coursework. The department may provide electronic links to such information.

(b) The department shall update the information described in subdivisions (2) and (3) of subsection (a) of this section as often as practicable, but not less than annually, to improve the efficiency by which current and prospective apprentices and employers may engage in apprenticeships in the state.
Conn. Gen. Stat. § 31-417 — Connecticut Code / Title 31 / Chapter 574 / Section 31-417
Sec. 31-417. Connecticut Retirement Security Advisory Board.
Status: in_force

(b) All appointments to the board shall be made not later than January 1, 2017. Any vacancy shall be filled by the appointing authority not later than thirty calendar days after the office becomes vacant. Any member appointed to the board of directors of the former Connecticut Retirement Security Authority and serving on July 1, 2022, may continue to serve as a member of the Connecticut Retirement Security Advisory Board until the expiration of such member's term. Any member previously appointed to the board may be reappointed.

(c) Notwithstanding the provisions of section 4-9a , the Comptroller shall be the chairperson of the board. The board shall annually elect a vice-chairperson and such other officers as it deems necessary from among its members.

(d) The members of the board shall serve without compensation but shall, within available appropriations, be reimbursed in accordance with the standard travel regulations for all necessary expenses that they may incur through service on the board.

(e) Each member of the board shall, not later than ten calendar days after his or her appointment, take and subscribe the oath of affirmation required by article XI, section 1, of the State Constitution. Each member's term shall begin from the date the member takes such oath. The oath shall be filed in the office of the Secretary of the State.

(f) Eight members of the board shall constitute a quorum. Each member shall be entitled to one vote on the board.

(g) (1) No member of the board or any officer, agent or employee of the Comptroller administering the program shall, directly or indirectly, have any financial interest in any corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity contracting with the program.

(2) Notwithstanding the provisions of subdivision (1) of this subsection or any other section of the general statutes, it shall not be a conflict of interest or a violation of the provisions of said subdivision or any other section of the general statutes for a trustee, director, officer or employee of a bank, investment advisor, investment company or investment banking firm, or a person having the required favorable reputation for skill, knowledge and experience in retirement savings, to serve as a member of the board, provided, in each case to which the provisions of this subdivision are applicable, such trustee, director, officer or employee of such a firm abstains from discussion, deliberation, action and vote by the board in specific respect to any undertaking pursuant to this section, section 31-71e , sections 31-418 to 31-427 , inclusive, in which such firm has a direct interest separate from the interests of all similar firms generally.

(h) The board, on behalf of the authority, and for the purpose of implementing the Connecticut Retirement Security Program established pursuant to section 31-418 , shall advise the Comptroller on matters including:

(1) Using surplus funds to the extent authorized under sections 31-71e , 31-71j , 31-416 to 31-427 , inclusive, and 31-429 , or other provisions of the general statutes; and

(2) Making modifications to the program that the board deems necessary to implement the provisions of section 31-71e , sections 31-417 to 31-427 , inclusive, consistent with federal rules and regulations in order to ensure that the program meets all criteria for federal tax-deferral or tax-exempt benefits, and to prevent the program from being treated as an employee benefit plan under the federal Employee Retirement Income Security Act of 1974, as amended from time to time.

(i) Any money expended from the General Fund for the purpose of administering the Connecticut Retirement Security Program shall be reimbursed to the General Fund according to a plan established and agreed upon by both the Secretary of the Office of Policy and Management and the Comptroller. Such plan shall (1) include a schedule for reimbursement of any money expended from the General Fund to the program, and (2) incorporate any previously agreed upon terms between the Comptroller and the Treasurer to pay back the General Fund for any request for an advance made pursuant to section 31-418a of the general statutes, revision of 1958, revised to January 1, 2021. Payments to reimburse the General Fund shall continue according to the terms of such plan until all money expended from the General Fund to the program is reimbursed. The program may pay any unpaid amounts earlier than the established repayment plan requires.
Conn. Gen. Stat. § 31-96 — Connecticut Code / Title 31 / Chapter 560 / Section 31-96
Sec. 31-96. Appointment and testimonial privilege of mediators. Duties of Labor Commissioner.
Status: in_force

Cited. 163 C. 327; 171 C. 613.
Conn. Gen. Stat. § 31-421 — Connecticut Code / Title 31 / Chapter 574 / Section 31-421
Sec. 31-421. Comptroller standard of care.
Status: in_force

(b) The Comptroller shall, to the extent reasonable and practicable, require any vendors engaged or appointed by the Comptroller to abide by the standard of care described in subsection (a) of this section.
Conn. Gen. Stat. § 31-48d — Connecticut Code / Title 31 / Chapter 557 / Section 31-48d
Sec. 31-48d. Employers engaged in electronic monitoring required to give prior notice to employees. Exceptions. Civil penalty.
Status: in_force

(1) “Employer” means any person, firm or corporation, including the state and any political subdivision of the state which has employees;

(2) “Employee” means any person who performs services for an employer in a business of the employer, if the employer has the right to control and direct the person as to (A) the result to be accomplished by the services, and (B) the details and means by which such result is accomplished; and

(3) “Electronic monitoring” means the collection of information on an employer's premises concerning employees' activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photoelectronic or photo-optical systems, but not including the collection of information (A) for security purposes in common areas of the employer's premises which are held out for use by the public, or (B) which is prohibited under state or federal law.

(b) (1) Except as provided in subdivision (2) of this subsection, each employer who engages in any type of electronic monitoring shall give prior written notice to all employees who may be affected, informing them of the types of monitoring which may occur. Each employer shall post, in a conspicuous place which is readily available for viewing by its employees, a notice concerning the types of electronic monitoring which the employer may engage in. Such posting shall constitute such prior written notice.

(2) When (A) an employer has reasonable grounds to believe that employees are engaged in conduct which (i) violates the law, (ii) violates the legal rights of the employer or the employer's employees, or (iii) creates a hostile workplace environment, and (B) electronic monitoring may produce evidence of this misconduct, the employer may conduct monitoring without giving prior written notice.

(c) The Labor Commissioner may levy a civil penalty against any person that the commissioner finds to be in violation of subsection (b) of this section, after a hearing conducted in accordance with sections 4-176e to 4-184 , inclusive. The maximum civil penalty shall be five hundred dollars for the first offense, one thousand dollars for the second offense and three thousand dollars for the third and each subsequent offense.

(d) The provisions of this section shall not apply to a criminal investigation. Any information obtained in the course of a criminal investigation through the use of electronic monitoring may be used in a disciplinary proceeding against an employee.

There is no private cause of action under section, and legislature intended enforcement mechanisms for violation of section to be limited to proceedings before the Labor Commissioner. 294 C. 461.
Conn. Gen. Stat. § 31-352 — Connecticut Code / Title 31 / Chapter 568 / Section 31-352
Sec. 31-352. Enforcement of liability of third person.
Status: in_force

Cited. 150 C. 156. “Second Injury Fund”, legislative history and purpose discussed. 166 C. 352. Cited. 171 C. 577; 174 C. 181. Fund is entitled to recover payment made pursuant to voluntary settlement agreement as “compensation” paid within meaning of Sec. 31-293. 259 C. 325

Cited. 24 CA 93.
Conn. Gen. Stat. § 31-263 — Connecticut Code / Title 31 / Chapter 567 / Section 31-263
Sec. 31-263. Withdrawals of funds for payment of benefits and reimbursement of advance fund.
Status: in_force

(b) The State Treasurer, as treasurer of the Connecticut Unemployment Compensation Fund, shall as directed by the administrator, requisition from the Unemployment Trust Fund the amounts, not exceeding the amount in the Unemployment Trust Fund, that the administrator deems necessary for the reimbursement of advances made from the Unemployment Compensation Advance Fund, to the extent reimbursement is permitted by federal law.

Method of payment prescribed by 1945 amendment did not divest Treasurer and Comptroller of their constitutional duties. 133 C. 112. Cited. 175 C. 269.
Conn. Gen. Stat. § 31-106 — Connecticut Code / Title 31 / Chapter 561 / Section 31-106
Sec. 31-106. Election of representatives.
Status: in_force

(b) In accordance with such regulations as may be adopted by the board according to the provisions of chapter 54, whenever a petition is filed with the board by an employee or his representative complaining that a question or controversy concerning the representation of employees exists, or by an employer or his representative that there is a question or controversy concerning the representation of employees between two or more labor organizations, the board shall refer the petition to its agent who shall investigate the petition. He shall issue a direction of election and conduct a secret ballot election to determine whether and by which employee organization the employees desire to be represented if he has reasonable cause to believe that a question of representation exists, or issue a recommendation to dismiss the petition if he finds that there is not such reasonable cause, or refer the petition to the board for a hearing without having conducted an election or issuing a recommendation of dismissal, in which event the board shall conduct an appropriate hearing upon due notice. The agent shall report his action to the board. The board shall issue an order confirming the agent's direction of election and certifying the results of the election, or issue an order confirming the agent's recommendation for dismissal, or order a further investigation, or provide for an appropriate hearing upon due notice. Before taking any of the aforesaid actions, the board shall provide the parties with an opportunity to file briefs on the questions at issue and shall fully consider any such briefs filed. After a hearing, the board shall order any of the aforesaid actions on the petition, or shall upon good cause order any other suitable method to determine whether and by which employee organization the employees desire to be represented. The board shall certify the results.

(c) The board shall have the power to determine who may participate in the election and to establish the rules governing such election, provided no election need be directed by the board solely because of the request of an employer or of employees prompted thereto by their employer, nor shall any individual employed for the duration of a strike or a lockout be eligible to vote in such election, nor shall such election be conducted with the employer's participation, assistance or supervision.

(d) If, at an election conducted pursuant to this section, three or more nominees for exclusive collective bargaining representatives appear on the ballot and no one of them receives a majority of the votes cast at the election, the two nominees who receive the highest number of votes shall appear on the ballot of a second election to be conducted hereunder, and the one receiving a majority of the votes cast at the second election shall be the exclusive representative of all the employees in such unit for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment.

(e) A labor organization nominated as the representative of employees shall be listed by name on the ballots authorized by subsections (b) and (c) of this section. If, after the hearing provided for in subsection (b) of this section, the board finds that any committee, employee, employee representation plan or association of employees involved is a company union, or if any such committee, employee representation plan or association of employees is found to be a company union, it shall not be listed on the ballots or otherwise recognized as eligible to be the representative of employees under this chapter.

(f) The board shall have no powers of investigation.

(g) All elections ordered by the board shall be by secret ballot.

Cited. 138 C. 277; 139 C. 99; 146 C. 93. When unit composed of single employee is deemed to have appointed a collective bargaining agent; union membership alone does not warrant presumption union has been designated as such agent. 147 C. 344. Cited. 162 C. 579. Board has wide discretion to determine appropriate bargaining units. 175 C. 165. Cited. Id., 625.

Board is without authority to order an election unless an employee complains that a question or controversy exists. 14 CS 72. Employer must recognize a certification rightfully given for a reasonable period of time, regardless of changed conditions. 19 CS 282. In selection of appropriate bargaining unit, board has wide discretion and decision is conclusive unless it is arbitrary or capricious. 22 CS 139. A majority of votes cast in election is sufficient for choice of bargaining representative. Id., 143.

Cited. 3 Conn. Cir. Ct. 524, 529.
Conn. Gen. Stat. § 31-51w — Connecticut Code / Title 31 / Chapter 557 / Section 31-51w
Sec. 31-51w. Drug testing: Observation prohibited. Privacy of results.
Status: in_force

(b) Any results of urinalysis drug tests conducted by or on behalf of an employer shall be maintained along with other employee medical records and shall be subject to the privacy protections provided for in sections 31-128a to 31-128h , inclusive. Such results shall be inadmissible in any criminal proceeding.
Conn. Gen. Stat. § 31-40o — Connecticut Code / Title 31 / Chapter 557 / Section 31-40o
Sec. 31-40o. Discrimination prohibited. Waiver of rights void.
Status: in_force

(b) Any waiver by an employee or applicant for employment of the benefits or requirements of the provisions of sections 31-40j to 31-40p , inclusive, shall be against public policy and shall be null and void. Any employer's request or requirement that an employee waive any rights provided under said sections as a condition of employment shall constitute an act of discrimination, for purposes of this section.
Conn. Gen. Stat. § 31-237d — Connecticut Code / Title 31 / Chapter 567 / Section 31-237d
Sec. 31-237d. Executive head of appeals division, delegation of his authority. Hearing of appeals to board.
Status: in_force

(b) In any appeal to the board the board or any of its members may hear the appeal, except that the full board shall hear and decide cases requiring the application of subdivision (3) of subsection (a) of section 31-236 and cases in which a party has specifically requested in writing a hearing by the full board, provided the decision on all appeals shall be by a majority vote of the full board. The board shall approve or reject, by a majority vote, each request for a hearing before the full board in accordance with the criteria for granting such requests established in regulations adopted pursuant to section 31-237g . In any case before the board, the board may delegate to a referee or other qualified employee of the appeals division the taking or hearing of evidence.
Conn. Gen. Stat. § 31-56b — Connecticut Code / Title 31 / Chapter 557 / Section 31-56b
Sec. 31-56b. Project labor agreements for public works projects.
Status: in_force

(b) A public entity's decision to require a project labor agreement shall not be evidence of fraud, corruption or favoritism.

(c) Any project labor agreement required by a public entity pursuant to this section shall: (1) Set forth mutually binding procedures for resolving disputes that can be implemented without delay; (2) include guarantees against a strike, lockout or other concerted action aimed at slowing or stopping the progress of a public works project; (3) ensure a reliable source of skilled and experienced labor; (4) include goals for the number of apprentices and for a percentage of work to be performed by minorities, women and veterans; (5) invite all contractors to bid on the project without regard to whether the employees of any such contractor are members of a labor organization, as defined in section 31-101 ; (6) permit the selection of the lowest responsible qualified bidder without regard to labor organization affiliation; (7) not require compulsory labor organization membership of employees working on the project; and (8) bind all contractors and subcontractors to the terms of the agreement.

(d) Any bidder for a public works project that does not agree to abide by the conditions of the project labor agreement or a requirement to negotiate a project labor agreement shall not be regarded as a responsible qualified bidder for such project.
Conn. Gen. Stat. § 31-128i — Connecticut Code / Title 31 / Chapter 563a / Section 31-128i
Sec. 31-128i. Employee's consent required for disclosure of participation in employee assistance program.
Status: in_force

(b) Except as permitted under section 31-128f , no employee assistance program, by itself or its agents or representatives, shall disclose any information or records concerning or confirming an employee's or a state employee's voluntary participation in such program without the prior written consent of the employee or state employee, except where disclosure is necessary to prevent harm to the employee or others.

(c) For purposes of this section, “state employee” means any employee in the executive, legislative or judicial branch of state government, whether in the classified or unclassified service and whether full or part-time and any employee of a quasi-public agency.
Conn. Gen. Stat. § 31-250 — Connecticut Code / Title 31 / Chapter 567 / Section 31-250
Sec. 31-250. Administration. Duties and powers of administrator.
Status: in_force

(b) In the administration of this chapter, the administrator shall cooperate with the United States Department of Labor to the fullest extent consistent with the provisions of this chapter, and shall take such action, through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure to this state and its citizens all advantages available under the provisions of the Social Security Act that relate to unemployment compensation, the federal Unemployment Tax Act, the Wagner-Peyser Act, and other appropriate federal law.

(c) Notwithstanding the provisions of section 4b-23 to the contrary, the administrator shall have the authority to carry out all activities necessary to lease premises required for employment security operations, provided (1) said administrator has complied with all applicable federal requirements, (2) only federal funds are used for such leasing activities, and (3) the proposed terms of the lease have been submitted to the Commissioner of Administrative Services and approved by the State Properties Review Board, which board shall, not more than sixty days after receipt of such lease from said commissioner, issue its approval or disapproval based solely upon whether the proposed location and rent are reasonable when compared to available space and prevailing rents in the same geographic area.

Constitutionality of regulation defining agricultural labor upheld. 125 C. 300.

Policies of department have less legal standing than regulations and cannot amend a statute to effectuate purpose not therein stated; hence policy of department providing that “a nonunion job is unsuitable for a union man” is untenable as discriminatory. 27 CS 446.
Conn. Gen. Stat. § 31-11l — Connecticut Code / Title 31 / Chapter 556a / Section 31-11l
Sec. 31-11l. Definitions.
Status: in_force

(1) “At-risk worker” means a worker who may lose employment due to factors including, but not limited to, an announced layoff, business shut-down or relocation, a new job skill requirement for which the worker is not trained, a change or reduction in wages, hours or benefits such that the worker must seek other employment in order to meet the self-sufficiency measurement calculated by the Office of Policy and Management pursuant to section 4-66e or a change or reduction in available transportation such that the worker is forced to seek new employment.

(2) “Customized job training” means training (A) that is designed to meet the special requirements of an employer, including a group of employers, (B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training, and (C) for which the employer pays not less than fifty per cent of the cost of the training.

(3) “Dislocated worker” means an individual who:

(A) (i) Has been terminated or laid off, or has received a notice of termination or layoff, from employment; (ii) is eligible for or has exhausted entitlement to unemployment compensation, or has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in Section 134(c) of the federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as from time to time amended, attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under chapter 567; or (iii) is unlikely to return to a previous industry or occupation;

(B) (i) Has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility or enterprise; (ii) is employed at a facility at which the employer has made a general announcement that such facility will close within one hundred eighty days; or (iii) for purposes of eligibility to receive services, other than training services described in subdivision (14) of subsection (b) of section 31-11p , intensive services described in subdivision (13) of subsection (b) of said section, or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close;

(C) Was self-employed, including employment as a farmer, rancher or fisherman, but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or

(D) Is a displaced homemaker.

(4) “Displaced homemaker” means an individual who has been providing unpaid services to family members in the home and who (A) has been dependent on the income of another family member, but is no longer supported by that income; and (B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

(5) “Eligible provider” means:

(A) With respect to training services, a provider who is identified in accordance with Section 122(e)(3) of the federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as from time to time amended;

(B) With respect to intensive services, a provider who is identified or awarded a contract as described in Section 134(d)(3)(B) of said act;

(C) With respect to youth activities, a provider who is awarded a grant or contract in accordance with Section 123 of said act;

(D) With respect to other workforce investment activities, a public or private entity selected to be responsible for such activities, such as a one-stop operator designated or certified under Section 121(d) of said act.

(6) “Incumbent worker” means an individual who is employed, but who is in need of additional skills, training or education in order to upgrade employment.

(7) “On-the-job training” means training by an employer that is provided to a paid participant while engaged in productive work in a job that (A) provides knowledge or skills essential to the full and adequate performance of the job; (B) provides reimbursement to the employer of up to fifty per cent of the wage rate of the participant, for the extraordinary costs of providing the training and additional supervision related to the training; and (C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant and the service strategy of the participant, as appropriate.

(8) “Participant” means an individual who has been determined to be eligible to participate in and who is receiving services, except follow-up services authorized under Title I of the federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as from time to time amended, under a program authorized by said title and sections 31-3h and 31-3i , subsection (b) of section 31-3k , section 31-3 l , this section and sections 31-11m to 31-11u , inclusive. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the individual begins receiving subsidized employment, training or other services provided under said title and said sections.

(9) “Supportive services” means services such as transportation, child care, dependent care , and needs-related payments, that are necessary to enable an individual to participate in activities authorized under Title I of the federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as from time to time amended, consistent with the provisions of said title.

(10) “Underemployed worker” means a worker whose education and skill level limit such worker's earning capacity to an hourly wage below one hundred per cent of the self-sufficiency measurement calculated by the Office of Policy and Management pursuant to section 4-66e .
Conn. Gen. Stat. § 31-92 — Connecticut Code / Title 31 / Chapter 560 / Section 31-92
Sec. 31-92. Alternate members.
Status: in_force

Cited. 163 C. 327; 171 C. 613.

Cited. 9 CA 260.
Conn. Gen. Stat. § 31-49j — Connecticut Code / Title 31 / Chapter 557 / Section 31-49j
Sec. 31-49j. Duties of State Treasurer.
Status: in_force

(1) Receive and invest moneys in the trust in any instruments, obligations, securities or property in accordance with sections 31-49g to 31-49i , inclusive;

(2) Procure insurance as the State Treasurer deems necessary to protect the trust's property, assets, activities or deposits or contributions to the trust; and

(3) Apply for, accept and expend gifts, grants or donations from public or private sources to carry out the objectives of the trust.
Conn. Gen. Stat. § 31-3d — Connecticut Code / Title 31 / Chapter 556 / Section 31-3d
Sec. 31-3d. Work training opportunities programs.
Status: in_force

(b) Participants in such programs shall receive compensation for time spent in training at rates established or approved by the Labor Commissioner. Participants who are state-administered general assistance recipients may earn a net amount up to thirty dollars per week in education and training programs established under this section, section 31-3b or subsection (a) of section 17b-194 without affecting the amount of their grants. Amounts in excess of thirty dollars earned by state-administered general assistance recipients for each week of such education or training shall be deducted from such recipients' grants. Medical benefits of such recipients shall not be affected by participation in such education or training. Job placement of participants who have completed training shall be limited to positions for which compensation is payable at rates consistent with industry practice or in conformity with collective bargaining agreements.

(c) Upon acceptance of a program proposal, the Labor Department may provide financial assistance to such program depending on efforts made to utilize existing employment and training programs and funding sources. Said department shall monitor all programs developed under this section and shall report to the General Assembly concerning the implementation and progress of the program within one year after the first program proposal is accepted.
Conn. Gen. Stat. § 31-324 — Connecticut Code / Title 31 / Chapter 568 / Section 31-324
Sec. 31-324. Reservation of cases for the Appellate Court.
Status: in_force

Cited. 94 C. 262; 95 C. 609. Effect of a pro forma award and function of an appeal. 116 C. 219. In absence of judgment, there can be no appeal to Supreme Court. 123 C. 102. Reservation can be made without any appeal or judgment when facts are not in dispute. 138 C. 620. Cited. 150 C. 154; 159 C. 53. Reservation from Court of Common Pleas and not Superior Court is the proper procedure to follow; reservation from Superior Court dismissed for lack of jurisdiction. 168 C. 84. Cited. 213 C. 54; 232 C. 758.

Cited. 2 CA 363; 36 CA 150.

Cited. 8 CS 313.
Conn. Gen. Stat. § 31-320 — Connecticut Code / Title 31 / Chapter 568 / Section 31-320
Sec. 31-320. Exemption and preference of compensation.
Status: in_force

See Sec. 33-896 et seq. re judicial dissolution of a stock corporation and appointment of receiver or custodian.

See Sec. 52-512 re wages as preferred claim.

Cited. 224 C. 8.

Defendant's award could be garnished by welfare commissioner in action for reimbursement of funds expended for care and maintenance of defendant's family; purpose of exemption statute is to provide support money to claimant and his dependents. 5 Conn. Cir. Ct. 69.
Conn. Gen. Stat. § 31-396 — Connecticut Code / Title 31 / Chapter 573 / Section 31-396
Sec. 31-396. Definitions.
Status: in_force

(1) “Occupational disease” means any disease which is peculiar to an occupation, or related to an occupation, in which an employee was or is engaged and which is due to causes, in excess of the ordinary hazards of employment which are attributable to such occupation, and includes, but is not limited to, (A) any disease due to or attributable to exposure to or contact with any radioactive material by an employee in the course of his employment, (B) poisoning from lead, phosphorus, arsenic, brass, wood alcohol or mercury or their compounds or from anthrax or compressed air illness, (C) chronic diseases affecting organ systems, including, but not limited to, the cardiovascular and musculoskeletal systems, and (D) any other diseases, contracted as a result of the employment of a person, which is due to toxic or hazardous chemicals, materials, gases or other substances identified by the United States Department of Labor pursuant to occupational safety and health standards contained in 29 CFR Chapter XVII, as from time to time amended.

(2) “Occupational health clinic” means any public or nonprofit medical facility that: (A) Provides diagnosis, treatment and preventative services for patients with occupational diseases, (B) provides public, professional and clinical outreach and training programs regarding such diseases, and (C) is licensed by the state for such purposes. These services shall include, but shall not be limited to outpatient care, medical surveillance, data collection, and the assessment of work place exposure.

(3) “Auxiliary occupational health clinic” means any general hospital, or any other medical facility which is approved by the Labor Commissioner in accordance with regulations adopted pursuant to section 31-401 , which operates a corporate medicine program or an employee wellness program which includes any of the following: (A) Routine commercial activities, such as preemployment examinations, (B) mandated examinations, such as Federal Occupational Safety and Health Administration examinations, (C) routine workers' compensation cases, (D) routine medical evaluations involving establishment of product liability, (E) evaluations consigned to independent medical examiners, (F) employee physical programs, (G) employee wellness programs, or (H) employee drug testing programs.

(4) “Occupational physician” means any doctor licensed to practice medicine in the state who has been certified or found eligible for certification in occupational medicine by the American Board of Preventive Medicine.

(5) “Surveillance” means the detection by epidemiologic means of disease states or significant laboratory abnormalities. Surveillance activities may involve the interpretation of existing data or the active pursuit of new data and disease associations, provided surveillance activities shall not include preemployment related physicals, insurance examinations or other data collection activities of a purely commercial nature, may incorporate the experience of other states, particularly those in the northeast, and may include technical support available through the National Institute for Occupational Safety and Health.
Conn. Gen. Stat. § 31-221b — Connecticut Code / Title 31 / Chapter 566a / Section 31-221b
Sec. 31-221b. Limitations of professional employer organization and coemployment relationship.
Status: in_force

(1) Diminish existing rights between covered employees and a client existing prior to the effective date of the professional employer agreement; or

(2) Create any new or additional enforceable right of a covered employee against a professional employer organization that is not specifically provided by the professional employer agreement or in this section or sections 31-221c to 31-221f , inclusive.

(b) (1) A covered employee who is required to be licensed, registered or certified under any provision of the general statutes shall be deemed to be solely an employee of the client for purposes of any such license, registration or certification requirement.

(2) A professional employer organization or professional employer organization group shall not be deemed to engage in any occupation, trade, profession or other activity that is subject to licensing, registration or certification requirements or is otherwise regulated by a governmental entity solely by entering into and maintaining a coemployment relationship.

(c) For purposes of determination of tax credits and other economic incentives provided by this state or other governmental entity and based on employment, covered employees of the client shall be deemed employees solely of the client.

(d) A client company's status or certification as a small, minority-owned, disadvantaged or woman-owned business enterprise or as a historically underutilized business shall not be affected by the client company entering into an agreement with a professional employer organization or using the services of a professional employer organization.
Conn. Gen. Stat. § 31-103 — Connecticut Code / Title 31 / Chapter 561 / Section 31-103
Sec. 31-103. Appointment and removal of agent. Testimonial privilege. Appointment and removal of legal counsel.
Status: in_force

(b) There shall be established the full-time position of legal counsel for the State Board of Labor Relations. On or before October 1, 1977, and quadrennially thereafter, the board shall appoint said counsel for a term of four years, at an annual salary to be set by the board subject to the approval of the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management in accordance with the provisions of section 4-40 . Said counsel may be removed by the board for cause shown in public hearing, after said counsel has been given a copy of the charges made and has an opportunity to answer such charges. The board may fill any vacancy in this office by appointment for the unexpired term. Notwithstanding the provisions of section 3-125 , said counsel shall represent the State Board of Labor Relations in court on all matters in which the board is a party or is interested, or in which the official acts or doings of said board are called in question, investigate legal questions for the board, and aid in the preparation of decisions. Said counsel shall also represent the State Board of Mediation and Arbitration in all matters involving collective bargaining rights of state employees. The board shall designate the agent appointed under subsection (a) of this section or any assistant agent who is an attorney to serve as assistant counsel as it deems necessary.
Conn. Gen. Stat. § 31-56a — Connecticut Code / Title 31 / Chapter 557 / Section 31-56a
Sec. 31-56a. Definitions.
Status: in_force

(1) “Project labor agreement” means a prehire agreement covering the terms and conditions for all persons who will perform work on a specific public works project;

(2) “Public entity” means the state and any agency, instrumentality or political subdivision thereof;

(3) “Public works project” means the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public works by a public entity.
Conn. Gen. Stat. § 31-248 — Connecticut Code / Title 31 / Chapter 567 / Section 31-248
Sec. 31-248. Decisions of employment security referee; final date, notice; reopening; judicial review.
Status: in_force

(b) Any decision of a referee may be reopened, set aside, vacated or modified on the timely filed motion of a party aggrieved by such decision, or on the referee'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, vacate, set aside or modify filed by the same party. An appeal to the board from a referee's decision may be processed by the referee as a motion for purposes of reopening, vacating, setting aside or modifying such decision, solely in order to grant the relief requested.

(c) Judicial review of any decision shall be permitted only after a party aggrieved thereby has exhausted his or her remedy before the board, as provided in this chapter. The administrator shall be deemed to be a party to any judicial proceeding involving any such decision and shall be represented in such proceeding by the Attorney General.

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

Cited. 126 C. 442; 129 C. 75; 141 C. 321. Final decision is not prohibited opening a decision. 161 C. 362. Cited. 192 C. 104; Id., 581.

Cited. 3 CA 258; 9 CA 131; 43 CA 512.

Cited. 27 CS 404. Where plaintiff's petition of appeal failed totally to present any grounds of review, decision of commissioner became final on 15th day after it was rendered. Id., 407. Cited. 44 CS 285.
Conn. Gen. Stat. § 31-131c — Connecticut Code / Title 31 / Chapter 564 / Section 31-131c
Sec. 31-131c. Enforcement, penalties.
Status: in_force

(b) Upon the filing of a complaint, the commissioner shall conduct a hearing on such complaint in accordance with the provisions of chapter 54, governing contested cases.

(c) Any person whose license is suspended or cancelled or against whom a fine has been levied by the commissioner may, within thirty days after the service upon him of the decision of the commissioner, appeal such decision to the Superior Court. If the person whose license has been suspended or cancelled by the commissioner or against whom a fine has been levied by the commissioner, within ten days after receiving information of such suspension, cancellation, or fine, gives notice to the commissioner in writing of his intention to appeal such decision, the action of the commissioner in suspending or cancelling such license or imposing a fine shall be suspended for a period of thirty days but, unless such appeal is filed within said time, the action of the commissioner shall be final. If an appeal from the decision of the commissioner is filed within said time, the action of the commissioner shall remain suspended until the validity of the license or fine in question is adjudicated by the court in such appeal. Any person whose license is finally cancelled according to the provisions of this section shall be prohibited from obtaining another private employment agency license for a period of five years.

(d) Any person who operates an employment agency without obtaining a license therefor shall be guilty of a class A misdemeanor. If it is shown to the satisfaction of the commissioner, after hearing as provided in subsection (b) of this section, that any person has violated any other provision of this chapter, the commissioner may levy a fine against such person not to exceed two hundred and fifty dollars.
Conn. Gen. Stat. § 31-295 — Connecticut Code / Title 31 / Chapter 568 / Section 31-295
Sec. 31-295. Waiting period. When compensation begins. Penalty for late payment of permanent partial disability benefits.
Status: in_force

(b) The injured employee shall be entitled to full wages for the entire day of the injury and that day shall not be counted as a day of incapacity.

(c) If the employee is entitled to receive compensation for permanent disability to an injured member in accordance with the provisions of subsection (b) of section 31-308 , the compensation shall be paid to him beginning not later than thirty days following the date of the maximum improvement of the member or members and, if the compensation payments are not so paid, the employer shall, in addition to the compensation rate, pay interest at the rate of ten per cent per annum on such sum or sums from the date of maximum improvement. The employer shall ascertain at least monthly whether employees are entitled to compensation because of a loss of wages as a result of the injury and, if there is a loss of wages, shall pay the compensation. The chairperson of the Workers' Compensation Commission shall adopt regulations, in accordance with the provisions of chapter 54, for the purpose of assuring prompt payment by the employer or his insurance carrier.

“Incapacity” defined. 113 C. 710. Cited. 119 C. 560; 241 C. 692.

Cited. 7 CA 142; 16 CA 437; 37 CA 648.

Defendant may not counterclaim against intervening plaintiff employer based on contract between employer and defendant for former to hold latter harmless for personal injury claims. 22 CS 23.

Subsec. (c):

Nothing in Subsec. expressly prohibits plaintiff from receiving incapacity benefits until both legs have reached maximum medical improvement and such result does not undermine purpose of act. 263 C. 328.
Conn. Gen. Stat. § 31-301c — Connecticut Code / Title 31 / Chapter 568 / Section 31-301c
Sec. 31-301c. Costs of appeal. Interest added to award affirmed on appeal.
Status: in_force

(b) Whenever an employer or his insurer appeals an administrative law judge's award, and upon completion of the appeal process the employer or insurer loses such appeal, the Compensation Review Board or the Appellate Court, as the case may be, shall add interest on the amount of such award affirmed on appeal and not paid to the claimant during the pendency of such appeal, from the date of the original award to the date of the final appeal decision, at the rate prescribed in section 37-3a .
Conn. Gen. Stat. § 31-901 — Connecticut Code / Title 31 / Chapter 577 / Section 31-901
Sec. 31-901. Connecticut Premium Pay Program. Account. Claims. Calculation of payment. Reconsideration. Penalty. Report.
Status: in_force

(1) “Eligible applicant” means any person who (A) (i) worked during the entire period of the public health and civil preparedness emergency declared by the Governor on March 10, 2020, or any extension of such declaration, up until May 7, 2022, and (ii) was 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 or 1b of the COVID-19 vaccination program, (B) is not a federal, state or municipal employee, (C) was not employed in a capacity where the employee worked or could have worked from home, and (D) meets the income criteria established in subsection (b) of this section;

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

(3) “Full-time” means any eligible applicant who worked thirty hours or more per week;

(4) “Part-time” means any eligible applicant who worked less than thirty hours per week; and

(5) “Premium pay” means moneys payable by the Comptroller from the Connecticut Premium Pay program, established pursuant to subsection (b) of this section, to recognize and compensate eligible applicants for their service pursuant to this section.

(b) (1) There is established the Connecticut Premium Pay program. The program shall provide payment to each full-time eligible applicant that applied prior to or on October 1, 2022,according to the following formula: (A) One thousand dollars to each worker whose individual income was less than fifty thousand dollars; (B) eight hundred dollars to each worker whose individual income was greater than or equal to fifty thousand dollars and less than sixty thousand dollars; (C) seven hundred fifty dollars to each worker whose individual income was greater than or equal to sixty thousand dollars and less than seventy thousand dollars; (D) five hundred dollars to each worker whose individual income was greater than or equal to seventy thousand dollars and less than eighty thousand dollars; (E) two hundred fifty dollars to each worker whose individual income was greater than or equal to eighty thousand dollars and less than ninety thousand dollars; (F) two hundred dollars to each worker whose individual income was greater than or equal to ninety thousand dollars and less than one hundred thousand dollars; and (G) one hundred dollars to each worker whose individual income was greater than or equal to one hundred thousand dollars and less than one hundred and fifty thousand dollars. No payment shall be made to any full-time eligible applicant whose income is one hundred fifty thousand dollars or more. The program shall provide two hundred dollars to each part-time eligible applicant. No assistance shall be paid to any eligible applicant after June 30, 2024. The program shall be administered by the office of the Comptroller, or a third party under contract with said office to act as an administrator.

(2) The administrator shall accept applications for assistance on and after May 7, 2022. For the purposes of this section, the administrator shall be authorized to: (A) Determine whether an eligible applicant meets the requirements for eligibility for compensation under this section; (B) summon and examine under oath such witnesses who may provide information relevant to the eligibility of an eligible applicant; (C) 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 (D) 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 premium pay account” 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 direction of the administrator for purposes of: (1) Compensation provided under the Connecticut Premium Pay program; and (2) costs and expenses of operating the program, including hiring of necessary employees and the expense of public outreach and education regarding the program and account. Not more than five per cent of the total moneys received by the account shall be used for any administrative costs, including hiring of 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. The administrator shall make all reasonable efforts to limit the costs and expenses of operating the program without compromising eligible applicants' access to the program.

(d) To apply for compensation from the Connecticut Premium Pay program, an eligible applicant shall submit a claim to the administrator, in such form and manner as required by the administrator, not later than October 1, 2022. Any such claim shall include: (1) Proof of employment as an eligible applicant from March 10, 2020, to May 7, 2022, as determined by an eligible applicant's proof of earnings; and (2) any additional information as requested or required by the administrator. An eligible applicant may submit, as proof of employment, official payroll records or another form of proof including, but not limited to, a letter from an employer stating the eligible applicant's dates of work, or a declaration from an individual with personal knowledge of the eligible applicant's employment.

(e) The administrator shall promptly review all applications for compensation submitted pursuant to this section. The administrator shall evaluate each application and determine, on the basis of the information provided by the eligible applicant, or additional information provided at the request of the administrator, whether or not such application shall be approved. The administrator shall provide such determination, in writing, to each applicant not later than sixty business days after the date the application is submitted, or, if the administrator requested additional information, not later than ten business days after the administrator receives such additional information from the applicant. If such claim is approved, the administrator shall direct the Comptroller to pay the full-time or part-time eligible applicant in accordance with subsection (b) of this section not later than ten business days after such approval.

(f) An eligible applicant may request that a determination made pursuant to subsection (e) of this section be reconsidered 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 shall, not later than three business days after receipt of such request for reconsideration, designate an individual to conduct such reconsideration and shall submit to such designated individual all documents relating to such eligible applicant's application and request for reconsideration. The administrator's designee shall reconsider each determination requested by an eligible applicant pursuant to this subsection. Such review shall consist of a de novo review of all relevant evidence and shall be completed not later than twenty business days after such individual's request for reconsideration. Such designee shall issue a 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 applicant. The decision shall include a short statement of findings that shall specify if premium pay shall be paid to the applicant in accordance with subsection (e) of this section.

(g) 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.

(h) Notwithstanding sections 4-183 and 51-197b , there shall be no right of appeal by any applicant following the final decision of the administrator's designee issued pursuant to subsection (f) of this section.

(i) If a payment is made to a program applicant erroneously, or as a result of wilful misrepresentation by such applicant, the administrator may seek repayment of benefits from the applicant having received such payment 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. Any person, including an employer, who intentionally aids, abets, assists, promotes or facilitates the making of, or the attempt to make, any claim for payment or the receipt or attempted receipt of payment by another person in violation of this subsection shall be liable for the same financial penalty as the person making, or attempting to make, such claim or receiving, or attempting to receive, benefits from the program.

(j) On or before July 31, 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 premium pay account at the time of the report.

(k) On or before September 1, 2022, and at least quarterly thereafter, the administrator shall submit a report, in accordance with the provisions of section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to labor on the financial condition of the Connecticut premium pay account. Such report shall include: (1) An estimate of the account's value as of the date of the report; (2) the effect of scheduled payments on the account's value; (3) an estimate of the monthly administrative costs necessary to operate the program and the account; and (4) any recommendations for legislation to improve the operation or administration of the program and the account.
Conn. Gen. Stat. § 31-349h — Connecticut Code / Title 31 / Chapter 568 / Section 31-349h
Sec. 31-349h. Transfer of claims. Claims not transferred.
Status: in_force

Deadline of July 1, 1999, re transfer of claims applies only to claims where eligibility for transfer is not in question on said date. 257 C. 481.
Conn. Gen. Stat. § 31-278 — Connecticut Code / Title 31 / Chapter 568 / Section 31-278
Sec. 31-278. Powers and duties of administrative law judges.
Status: in_force

See Sec. 31-276 re compensation commissioners' nomination, appointment, terms of office, removal, etc.

Commissioner has jurisdiction only in his own district unless local commissioner is “disqualified or incapacitated”; cannot act by consent of parties. 99 C. 236. Powers of commissioners are purely statutory. 108 C. 33. Contract made in this state, to be performed in another state, governed by our law. 111 C. 696. No jurisdiction to determine rights between employer and two insurance companies. 113 C. 504; 120 C. 503. When acting commissioner is disqualified, commissioner in whose district accident occurred has jurisdiction to name commissioner to act further. 118 C. 29. Cited. 129 C. 594; 132 C. 172; 133 C. 668; 218 C. 46; 232 C. 758. Section does not give commissioner subject matter jurisdiction over insurance coverage issues that require application of laws other than provisions of Workers' Compensation Act. 248 C. 754. Because of the use of “may” instead of “shall”, commissioners are permitted, not required, to continue to hear cases subsequent to their retirement. 251 C. 153.

Cited. 16 CA 138; 21 CA 9; judgment reversed, see 218 C. 46; 22 CA 539; judgment reversed, see 219 C. 439; 24 CA 234; 29 CA 249; 31 CA 819; 34 CA 673; 36 CA 150. The language of the statute does not confer jurisdiction on the commissioner to pierce the corporate veil of a defendant employer. 204 CA 665. Court's award of summary judgment to insurer on basis claims were barred by res judicata was improper; statutory jurisdiction of Workers' Compensation Commission does not include negligence and misrepresentation claims based on conduct after a policy is canceled. 227 CA 314.

Former commissioner who heard the case originally had authority to hear it upon remand after appeal. 14 CS 302. Cited. 39 CS 321.