21 V.S.A. § 1329 — VT Code / Title 21 / Chapter 17 / Section 1329
§ 1329. Collection of unpaid contributions; suit
Status: in_force

(a)(1) If any employer fails to make, when due, any contributions or payments required of the employer under this chapter, the obligation shall carry interest at the rate of one and one-half percent per month from the due date.

(2)(A) It shall be the duty of the Commissioner to collect the overdue obligations and interest. Interest collected shall be paid into the Contingent Fund established pursuant to section 1365 of this title.

(B) If an employer has paid the contributions or payments timely to another state through error, the Commissioner may waive the interest.

(C) The Commissioner may waive all or a portion of the interest if the Commissioner determines that the untimeliness of the payment was not caused by fault, neglect, or bad faith on the part of the employer.

(b) In addition to other remedies and proceedings authorized by this chapter, a civil action in the name of the Commissioner may be maintained and the remedies available in a civil action, including attachment and trustee process, shall be available to the Commissioner for the collection of contributions, interest, and penalties under this chapter.

(c) An employer failing, for any two calendar quarters during the preceding 20 calendar quarters, to make return or to pay contributions required under this chapter, and who has not ceased to be an employer as provided in section 1323 of this subchapter, may be required by the Commissioner to furnish a good and sufficient bond conditioned upon the payment of the delinquent contributions, together with interest and penalty from the due date of the delinquent contributions, and containing any terms required by the Commissioner. An employer who fails to furnish a bond when required by the Commissioner may be enjoined from employing individuals in employment, as defined by this chapter, upon complaint of the Commissioner in the Superior Court of any county in which the employer is doing business, until the contributions due, together with interest and penalty, are paid to the Commissioner.

(d) In the event of an employer's dissolution, adjudicated insolvency, adjudicated bankruptcy, receivership, assignment for benefit of creditors, or judicially confirmed extension proposals or composition, claims for contributions due under this chapter and for interest on the unpaid contributions shall be a lien upon the employer's assets and shall have priority over all other claims except expenses of administration, taxes, wage claims, and prior liens valid under the laws of this State.

(e) No action shall be commenced for the collection of contributions, interest, and penalties under this chapter more than three years after the date on which the contributions became due and payable, unless prior to the expiration of the three-year period:

(1) an assessment proceeding has been instituted under the provisions of section 1330 of this title;

(2) a civil action has been instituted under subsection (b) of this section; or

(3) a lien has been created under section 1336 of this title.

(f) The provisions of subsection (e) of this section shall not apply where an employer intentionally fails or refuses to file a report with the Commissioner or to include in any report all wages that the employer has paid, or otherwise attempts to avoid or reduce liability for the payment of contributions.
21 V.S.A. § 635 — VT Code / Title 21 / Chapter 9 / Section 635
§ 635. Periods of compensation
Status: in_force

The compensation provided for by the provisions of this chapter shall be payable during the following periods:

(1) Spouse.

(A) To a spouse until the earlier of:

(i) 62 years of age, if at that time the spouse is entitled to benefits under the Social Security Act, as amended, or a later time when the spouse becomes entitled to benefits under the Social Security Act, as amended;

(ii) remarriage; or

(iii) death.

(B) In no event shall the spouse receive less than a sum equal to 330 times the maximum weekly compensation except when the compensation terminates by reason of death.

(2) Child. To or for a child, during dependency as defined in section 634 of this title.

(3) Parent or grandparent. To a parent or grandparent, during the continuation of a condition of actual dependency, but in no case to exceed 264 weeks.

(4) Grandchild or sibling. To or for a grandchild, brother, or sister, during dependency as defined in section 634 of this title, but in no case to exceed 264 weeks.
21 V.S.A. § 1358 — VT Code / Title 21 / Chapter 17 / Section 1358
§ 1358. Unemployment Compensation Trust Fund; establishment and control
Status: in_force

(a) The Unemployment Compensation Trust Fund is established. The Fund shall be kept separate and apart from all other public monies or funds of this State and shall be administered by the Commissioner exclusively for the purposes of this chapter.

(b) The Fund shall consist of:

(1) all contributions collected under this chapter;

(2) interest earned upon any monies in the Fund;

(3) any property or securities acquired through the use of monies belonging to the Fund;

(4) all earnings of the property or securities;

(5) all money credited to this State's account in the Unemployment Trust Fund pursuant to 42 U.S.C. § 1103; and

(6) all other monies received for the Fund from any other source.

(c) All monies in the Fund shall be mingled and undivided.
21 V.S.A. § 710 — VT Code / Title 21 / Chapter 9 / Section 710
§ 710. Unlawful discrimination
Status: in_force

(a) No person, firm, or corporation shall refuse to employ any applicant for employment because the applicant asserted a claim for workers' compensation benefits under this chapter or under the law of any state or of the United States. Nothing in this section shall require a person to employ an applicant who does not meet the qualifications of the position sought.

(b) No person shall discharge or discriminate against an employee from employment because the employee asserted or attempted to assert a claim for benefits under this chapter or under the law of any state or of the United States.

(c) The Department shall not include in any publication or public report the name or contact information of any individual who has alleged that an employer has made a false statement or misclassified any employees, unless it is required by law or necessary to enable enforcement of this chapter.

(d) An employer shall not retaliate or take any other negative action against an individual because the employer knows or suspects that the individual has filed a complaint or reported a violation of this chapter, or has testified, assisted, or cooperated in any manner with the Department or other appropriate governmental agency or department in an investigation of misclassification, discrimination, or other violation of this chapter.

(e) The Attorney General or a State's Attorney may enforce the provisions of this section by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though a violation of this section were an unfair act in commerce.

(f) The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section.
21 V.S.A. § 1041 — VT Code / Title 21 / Chapter 12 / Section 1041
§ 1041. Prohibitions; penalty
Status: in_force

Any person who conducts the business of employee leasing or holds themselves out as an employee leasing company without being licensed under this chapter shall be fined not more than $15,000.00.
21 V.S.A. § 704 — VT Code / Title 21 / Chapter 9 / Section 704
§ 704. Reports; penalty
Status: in_force

(a) An employer upon written request of the Commissioner sent by certified mail, shall file on forms provided by the Commissioner such statistical information regarding employments, accidents arising out of or in the course of employment, and safety in employment, as the Commissioner may require.

(b) A report pursuant to subsection (a) of this section shall be required not more than once in any calendar year. Reports submitted pursuant to subsection (a) of this section shall be on uniform forms applicable to all employers from whom the information is required.

(c) An employer who refuses or neglects to file the statistical report within 30 days after a request by the Commissioner may be assessed an administrative penalty of not more than $1,000.00.
21 V.S.A. § 625 — VT Code / Title 21 / Chapter 9 / Section 625
§ 625. Contracting out forbidden
Status: in_force

An employer shall not be relieved in whole or in part from liability created by the provisions of this chapter by any contract, rule, regulation, or device whatsoever.
21 V.S.A. § 1637 — VT Code / Title 21 / Chapter 20 / Section 1637
§ 1637. General duties and prohibited conduct
Status: in_force

(a) The State and the independent direct support providers and their representatives shall make every reasonable effort to make and maintain agreements concerning matters allowed under this chapter and to settle all disputes, whether arising out of the application of those agreements or disputes concerning the agreements. All disputes shall, upon request of either party, be considered within 15 days of the request or at such times as may be mutually agreed to and if possible settled with all expedition in conference between representatives designated and authorized to confer by the State or the independent direct support providers. This obligation does not compel either party to make any agreements or concessions.

(b) It shall be an unfair labor practice for the State to:

(1) interfere with, restrain, or coerce independent direct support providers in the exercise of their rights under this chapter or by any law, rule, or regulation;

(2) dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it;

(3) discriminate in regard to referral practices or eligibility for work opportunities within covered programs for an independent direct support provider, or to encourage or discourage membership in any labor organization;

(4) take negative action against an independent direct support provider because the provider has taken actions demonstrating his or her support for a labor organization, including signing a petition, grievance, or affidavit or giving testimony under this chapter;

(5) refuse to bargain collectively in good faith with the exclusive representative;

(6) discriminate against an independent direct support provider based on race, color, creed, religion, age, gender, sexual orientation, gender identity, or national origin, or because the provider is a qualified individual with a disability.

(c) It shall be an unfair labor practice for a labor organization to:

(1) Restrain or coerce independent direct support providers in the exercise of the rights guaranteed them by law, rule, or regulation. However, a labor organization may prescribe its own rules with respect to the acquisition or retention of membership, provided such rules are not discriminatory.

(2) Refuse to bargain collectively in good faith with the State.

(3) Cause, or attempt to cause, the State to discriminate against an independent direct support provider in violation of subsection (b) of this section.

(4) Threaten to or cause a provider to strike or curtail the provider's services in recognition of a picket line of any employee or labor organization.

(d) An independent direct support provider shall not strike or curtail his or her services in recognition of a picket line of any employee or labor organization.
21 V.S.A. § 649 — VT Code / Title 21 / Chapter 9 / Section 649
§ 649. Injuries not covered; burden of proof
Status: in_force

Compensation shall not be allowed for an injury caused by an employee's willful intention to injure himself, herself, or another or by or during his or her intoxication or by an employee's failure to use a safety appliance provided for his or her use. The burden of proof shall be upon the employer if he or she claims the benefit of the provisions of this section.
21 V.S.A. § 1638 — VT Code / Title 21 / Chapter 20 / Section 1638
§ 1638. Prevention of unfair practices
Status: in_force

(a) The Board may prevent the State or a labor organization from engaging in any unfair labor practice listed in section 1637 of this title. Whenever a charge is made that the State or a labor organization has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that party a complaint stating the charges in that respect and containing a notice of hearing before the Board at a place and time therein fixed at least seven days after the complaint is served. The Board may amend the complaint at any time before it issues an order based thereon. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the party against whom such charge is made, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of his or her discharge.

(b) The party complained of shall have the right to file an answer to the original or amended complaint and appear in person or otherwise and present evidence in connection therewith at the time and place fixed in the complaint. In the discretion of the Board, any other person may be permitted to intervene and present evidence in the matter. Any proceeding under this section shall, so far as practicable, be conducted in accordance with rules of evidence used in the courts. The Board shall provide for the making of a transcript of the testimony presented at the hearing.

(c) The Board shall have power to administer oaths and take testimony under oath relative to the matter of inquiry. At any hearing ordered by the Board, the Board shall have the power to subpoena witnesses and to demand the production of books, papers, records, and documents for its examination. Officers who serve subpoenas issued by the Board and witnesses attending hearings conducted by the Board shall receive fees and compensation at the same rates as officers and witnesses in causes before a Criminal Division of the Superior Court, to be paid on vouchers of the Board.

(d) If upon the preponderance of the evidence, the Board finds that any party named in the complaint has engaged in or is engaging in any such unfair labor practice, it shall state its finding of fact in writing and shall issue and cause to be served on that party an order requiring him or her to cease and desist from the unfair labor practice, and to take such affirmative action as will carry out the policies of this chapter. If upon the preponderance of the evidence, the Board does not find that the party named in the complaint has engaged in or is engaging in any unfair labor practice, it shall state its findings of fact in writing and dismiss the complaint.

(e) In determining whether a complaint shall issue alleging a violation of subsection 1637(b) or (c) of this title, and in deciding those cases, the same rules of decision shall apply irrespective of whether or not a labor organization affected is affiliated with a labor organization national or international in scope.
21 V.S.A. § 658 — VT Code / Title 21 / Chapter 9 / Section 658
§ 658. Form of notice and claim
Status: in_force

The notice and claim required under the provisions of section 656 of this title shall be in writing. Such notice shall contain the name and address of the employee; shall state in ordinary language the time, place, nature, and cause of the injury; and shall be signed by the employee or by a person in his or her behalf, or, in the event of his or her death, by any one or more of his or her dependents or by a person in their behalf. The notice and the claim may be combined.
21 V.S.A. § 1042 — VT Code / Title 21 / Chapter 12 / Section 1042
§ 1042. Unprofessional conduct
Status: in_force

Unprofessional conduct includes:

(1) failure to maintain financial responsibility and management competence;

(2) occupational advertising that is intended or tends to deceive the public;

(3) failure to comply with substantial provisions of State or federal law governing the conduct of an employee leasing company; and

(4) conviction of a crime related to the conduct of the business of employee leasing by a controlling person of a licensee.
21 V.S.A. § 1349 — VT Code / Title 21 / Chapter 17 / Section 1349
§ 1349. Appeals to Board; Supreme Court appeal
Status: in_force

(a) Within 30 days after the date of the referee's decision pursuant to section 1348 of this chapter, an interested party may appeal from the decision of the referee to the Board, by filing an appeal in the manner prescribed by the rules of the Board.

(b) The appeal shall be heard by the Board within a reasonable time after the appeal is filed and after notice to the claimant and the claimant's last employer.

(c) The Board may affirm, modify, or reverse the decision of the referee solely on the basis of evidence in the record transferred to it by the referee, or upon the basis of evidence in the record and any additional evidence the Board directs to be taken.

(d) Upon motion made by the Commissioner, the Board may review a decision of the referee or a benefit determination.

(e) The Board shall make its findings of fact and conclusions. Prompt notice of the findings of fact, ruling of law, conclusions, and decision of the Board shall be given to the interested parties.

(f) The decision shall be final unless an appeal to the Supreme Court is taken. Testimony given at any hearing upon a disputed claim shall be recorded, but the record need not be transcribed unless ordered.
21 V.S.A. § 517 — VT Code / Title 21 / Chapter 5 / Section 517
§ 517. Employer's authority
Status: in_force

This subchapter shall not restrict an employer's authority to prohibit the nonprescribed use of drugs or alcohol during work hours, or restrict an employer's authority to discipline, suspend, or dismiss an employee for being under the influence of drugs or alcohol during work hours, except as that authority is restricted under subsection 513(c)(3) of this title in reference to participation in an employee assistance program or suspension.
21 V.S.A. § 495k — VT Code / Title 21 / Chapter 5 / Section 495k
§ 495k. Accommodations for pregnancy-related conditions
Status: in_force

(a)(1) It shall be an unlawful employment practice for an employer to fail to provide a reasonable accommodation for an employee's pregnancy-related condition, unless it would impose an undue hardship on the employer.

(2) An employee with a pregnancy-related condition, regardless of whether the employee is an “individual with a disability” as defined in subdivision 495d(5) of this subchapter, shall have the same rights and be subject to the same standards with respect to the provision of a reasonable accommodation, pursuant to this subchapter, as a qualified individual with a disability as defined in subdivision 495d(6) of this subchapter.

(b) Nothing in this section shall be construed to diminish the rights, privileges, or remedies of an employee pursuant to federal or State law, a collective bargaining agreement, or an employment contract.

(c) An employer shall post notice of the provisions of this section in a form provided by the Commissioner in a place conspicuous to employees at the employer's place of business.

(d) Nothing in this section shall be construed to indicate or deem that a pregnancy-related condition necessarily constitutes a disability.
21 V.S.A. § 494 — VT Code / Title 21 / Chapter 5 / Section 494
§ 494. Definitions
Status: in_force

As used in this subchapter:

(1) “Employer” means any individual, organization, or governmental body, including a partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this State, which has one or more individuals performing services for it within this State.

(2) “Employee” means every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services.

(3) “Prospective employee” means an individual seeking or being sought for employment with an employer.

(4) “Employment agency” means a person who undertakes, with or without compensation, to procure, refer, recruit, or place for an employer or person, the opportunity to work for an employer.

(5) “Examiner” means any person licensed under 26 V.S.A. chapter 53.

(6) “Polygraph examination” means any procedure which involves the use of instrumentation or a mechanical device to enable or assist the detection of deception, the verification of the truthfulness, or the rendering of a diagnostic opinion regarding either of these, and includes a lie detector or similar test.
21 V.S.A. § 1639 — VT Code / Title 21 / Chapter 20 / Section 1639
§ 1639. Negotiated agreement; funding
Status: in_force

(a) If the State and the exclusive representative reach an agreement, the Governor shall request from the General Assembly an appropriation sufficient to fund the agreement in the next operating budget. If the General Assembly appropriates sufficient funds, the negotiated agreement shall become effective and binding at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly and shall become effective and legally binding in the next fiscal year.

(b) Collective bargaining agreements shall be for a maximum term of two years and shall not be subject to cancellation or renegotiation during the term except with the mutual consent in writing of both parties, which consent shall be filed with the Board. Upon the filing of such consent, an agreement may be supplemented, cancelled, or renegotiated.

(c) The agreement shall terminate at the expiration of its specified term. Negotiations for a new agreement to take effect upon the expiration of the preceding agreement shall be commenced at any time within one year next preceding the expiration date upon the request of either party and may be commenced at any time previous thereto with the consent of both parties.

(d) In the event the State of Vermont and the collective bargaining unit are unable to arrive at an agreement and there is not an existing agreement in effect, the existing contract shall remain in force until a new contract is ratified by the parties. However, nothing in this subsection shall prohibit the parties from agreeing to a modification of certain provisions of the existing contract which, as amended, shall remain in effect until a new contract is finalized and funded by the General Assembly.

(e) The Board is authorized to enforce compliance with all provisions of a collective bargaining agreement upon complaint of either party. In the event a complaint is made by either party to an agreement, the Board shall proceed in the manner prescribed in section 1638 of this title relating to the prevention of unfair labor practices.
21 V.S.A. § 473 — VT Code / Title 21 / Chapter 5 / Section 473
§ 473. Retaliation prohibited
Status: in_force

An employer shall not discharge or in any other manner retaliate against an employee who exercises or attempts to exercise his or her rights under this subchapter. The provisions against retaliation in subdivision 495(a)(8) of this title shall apply to this subchapter.
21 V.S.A. § 619 — VT Code / Title 21 / Chapter 9 / Section 619
§ 619. Injuries outside State
Status: in_force

If a worker who has been hired in this State receives personal injury by accident arising out of and in the course of such employment, he or she shall be entitled to compensation according to the law of this State even though such injury was received outside this State.
21 V.S.A. § 1351 — VT Code / Title 21 / Chapter 17 / Section 1351
§ 1351. Procedure
Status: in_force

The manner in which disputed claims shall be presented and the conduct of hearings before the Commissioner, a referee, and the Board shall be governed by rules adopted by the Board. The Commissioner, the referee, and the Board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure except as provided in this chapter but may conduct a hearing or trial in such manner as to ascertain the substantial rights of the parties.
21 V.S.A. § 395 — VT Code / Title 21 / Chapter 5 / Section 395
§ 395. Civil actions
Status: in_force

An employee who is paid by an employer less than the applicable wage rate to which the employee is entitled pursuant to this subchapter, shall recover, in a civil action, twice the amount of the minimum wage established pursuant to section 384 of this subchapter less any amount actually paid by the employer, together with costs and reasonable attorney's fees. An agreement between an employer and an employee to work for less than the wage rates established pursuant to section 384 of this subchapter shall not be a defense to the action.
21 V.S.A. § 202 — VT Code / Title 21 / Chapter 3 / Section 202
§ 202. General purpose
Status: in_force

The purpose of this chapter is to provide efficient implementation of the policy of the State expressed in section 201 of this title.
21 V.S.A. § 1377 — VT Code / Title 21 / Chapter 17 / Section 1377
§ 1377. Rights subject to legislative control
Status: in_force

All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant to this chapter shall exist subject to the power of the General Assembly to amend or repeal this chapter at any time; and there shall be no vested rights of any kind against the amendment or repeal or the termination of this chapter or the subdivisions of any of its provisions by its own terms.
21 V.S.A. § 412 — VT Code / Title 21 / Chapter 5 / Section 412
§ 412. Education and outreach
Status: in_force

The Department and the Agency of Commerce and Community Development shall prepare information and materials for the purpose of informing and educating Vermont employers with regard to programs and resources that are available to assist with economic and workforce retention initiatives in order to avoid business closings and mass layoffs. The Department and the Agency of Commerce and Community Development shall also inform Vermont employers of the employers' obligations that will be required for proper notice under the provisions of this subchapter.
21 V.S.A. § 431 — VT Code / Title 21 / Chapter 5 / Section 431
§ 431. Age limit; certificate as to eligibility of child under 16
Status: in_force

Except as provided in this subchapter, a child under 16 years of age shall not be employed in any gainful occupation unless the child deposits with the employer a certificate from the Commissioner that states that the child is eligible for employment in accordance with the provisions of this subchapter. However, this requirement shall not apply to any child employed during vacations or before or after sessions of school when the employment is not otherwise prohibited by this subchapter.
21 V.S.A. § 1323 — VT Code / Title 21 / Chapter 17 / Section 1323
§ 1323. Termination of coverage; agreement by employee to make contribution
Status: in_force

(a) An employing unit shall cease to be an employer subject to this chapter only as of the first day of January of any calendar year, if it files with the Commissioner, on or before March 31 next following, a written application for termination of coverage, and the Commissioner finds that the employing unit was not an employer during the preceding calendar year. The requirements of this subsection may be waived by the Commissioner for good cause.

(b) The Commissioner may terminate coverage of any employing unit on the Commissioner's own motion when the Commissioner finds that the employing unit has not selected coverage in accordance with subdivision 1301(5)(E) of this subchapter and that:

(1) the employing unit has not been an employer for the period of one year immediately preceding;

(2) the person who is the employing unit is deceased; or

(3) the employing unit has ceased to employ at least one person within the State.

(c) Any agreement by an individual employed by an employer to pay the whole or any portion of the employer's contributions required by this chapter shall be void and no employer shall make any deduction for that purpose from the wages or salary of any individual employed by the employer.
21 V.S.A. § 1375 — VT Code / Title 21 / Chapter 17 / Section 1375
§ 1375. Jurisdiction
Status: in_force

Concurrent jurisdiction of offenses under this chapter is vested in the Superior Court.
21 V.S.A. § 436 — VT Code / Title 21 / Chapter 5 / Section 436
§ 436. Employment of children under 14 years of age
Status: in_force

A child under 14 years of age shall not be employed or permitted to work in any gainful occupation unless the occupation has been approved by the Commissioner, by rule, to be appropriate for a child under 14 years of age, and the employment occurs during vacation and before and after school. The provisions of this section shall not apply to:

(1) employment by a parent or a person standing in place of a parent employing their own child or a child in their custody in an occupation other than manufacturing, mining, or an occupation found by the U.S. Secretary of Labor to be particularly hazardous or detrimental to the child's health or well-being;

(2) a newspaper carrier; or

(3) an actor or performer in motion pictures, theatrical productions, radio, and television.
21 V.S.A. § 1254 — VT Code / Title 21 / Chapter 16A / Section 1254
§ 1254. Conditions
Status: in_force

An individual shall be eligible to receive payments with respect to any week, only if the Commissioner finds that the individual complies with all of the following requirements:

(1) files a claim certifying that he or she did not work during the week;

(2) is not eligible for unemployment compensation benefits; and

(3) is working with the Department to determine work readiness and taking reasonable steps as determined by the Commissioner to become employed.
21 V.S.A. § 472b — VT Code / Title 21 / Chapter 5 / Section 472b
§ 472b. Town meeting leave; employees; students
Status: in_force

(a) Subject to the essential operation of a business or entity of State or local government, which shall prevail in any instance of conflict, an employee shall have the right to take unpaid leave from employment under this section or subsection 472(b) of this title for the purpose of attending his or her annual town meeting, provided the employee notifies the employer at least seven days prior to the date of the town meeting.

(b) A student of voting age shall have the right to attend his or her annual town meeting, and the school shall not penalize or report the student as a truant for exercising the right provided by this section.

(c) The requirement of subsection (b) shall not apply to a student who is in State custody in a secure facility.

(d) The requirement of subsection (b) shall not create an obligation for any parent, guardian, or custodian to take any affirmative action to enable the student to attend an annual town meeting.
21 V.S.A. § 1632 — VT Code / Title 21 / Chapter 20 / Section 1632
§ 1632. Rights of independent direct support providers
Status: in_force

Independent direct support providers shall have the right to:

(1) organize, form, join, or assist a labor organization for the purposes of collective bargaining without interference, restraint, or coercion;

(2) bargain collectively through their chosen representatives;

(3) engage in concerted activities for the purpose of supporting or engaging in collective bargaining or other mutual aid or protection;

(4) pursue grievances through the exclusive representative as provided in this chapter; and

(5) refrain from any or all such activities, subject to the requirements of subdivision 1634(b)(3) of this chapter.
21 V.S.A. § 486 — VT Code / Title 21 / Chapter 5 / Section 486
§ 486. New employer exemption
Status: in_force

(a) Notwithstanding any provision of this subchapter to the contrary, new employers shall not be subject to the provisions of this subchapter for a period of one year after the employer hires its first employee.

(b) For purposes of enforcement under subsections 483(l)-(n) of this subchapter, an employer shall be presumed to be subject to the provisions of this subchapter unless the employer proves that a period of no more than one year elapsed between the date on which the employer hired its first employee and the date on which the employer is alleged to have violated the provisions of this subchapter.

(c) No employer shall transfer an employee to a second employer with whom there is, at the time of the transfer, substantially common ownership, management, or control for the purposes of either employer claiming an exemption pursuant to subsection (a) of this section.
21 V.S.A. § 639 — VT Code / Title 21 / Chapter 9 / Section 639
§ 639. Death, payment to dependents
Status: in_force

In cases of the death of a person from any cause other than the accident during the period of payments for disability or for the permanent injury, the remaining payments for disability then due or for the permanent injury shall be made to the person's dependents according to the provisions of sections 635 and 636 of this title, or if there are none, the remaining amount due, but not more than the actual burial and funeral expenses not to exceed $10,000.00 and the actual expenses for out-of-state transportation of the decedent to the place of burial not to exceed $5,000.00, shall be paid in a lump sum to the proper person. Every two years, the Commissioner of Labor shall evaluate the average burial and funeral expenses in the State and make a recommendation to the House Committee on Commerce and Economic Development as to whether an adjustment in compensation is warranted. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.
21 V.S.A. § 1634 — VT Code / Title 21 / Chapter 20 / Section 1634
§ 1634. Establishment of limited collective bargaining; scope of bargaining
Status: in_force

(a) Independent direct support providers, through their exclusive representative, shall have the right to bargain collectively with the State, through the Governor's designee, under this chapter.

(b) Mandatory subjects of bargaining under this section shall be limited to:

(1) compensation rates, workforce benefits, and payment methods and procedures, except that independent direct support providers shall not be eligible to participate in the State's retirement system or the Vermont State Employee Health Plan solely by virtue of bargaining under this chapter;

(2) professional development and training, except that the issue of whether the State may choose directly to create and administer a professional development or training program shall be a permissive subject of bargaining;

(3) the collection and disbursement of dues or fees to the exclusive representative, provided that a collective bargaining service fee may not be required of nonmembers unless the exclusive representative has established and maintained a procedure to provide nonmembers with:

(A) an audited financial statement that identifies the major categories of expenses, and divides them into chargeable and nonchargeable expenses; and

(B) an opportunity to object to the amount of the agency fee sought, any amount reasonably in dispute to be placed in escrow, subject to prompt review and determination by the Board to resolve any objection over the amount of the collective bargaining fee, as provided for in subsection (d) of this section;

(4) procedures for resolving grievances against the State, provided that the final step of any negotiated grievance procedure, if required, shall be a hearing and final determination by the Board in accordance with Board rules and regulations; and

(5) access to job referral opportunities within covered programs, except that the issue of whether the State may choose directly to create and administer a referral registry shall be a permissive subject of bargaining.

(c) For the purpose of this chapter, the obligation to bargain collectively is the performance of the mutual obligation of the State and the exclusive representative of the independent direct support providers to meet at reasonable times and confer in good faith with respect to all matters bargainable under the provisions of this chapter; but the failure or refusal of either party to agree to a proposal, or to change or withdraw a lawful proposal, or to make a concession shall not constitute, or be evidence of direct or indirect, a breach of this obligation. Nothing in this chapter shall be construed to require either party during collective bargaining to accede to any proposal or proposals of the other party.

(d) Any dispute raised by a nonmember concerning the amount of a collective bargaining service fee, as provided for under subdivision (b)(3) of this section, may be grieved to the State Labor Relations Board which shall review and determine such matter promptly, in accordance with the Board's rules.
21 V.S.A. § 673 — VT Code / Title 21 / Chapter 9 / Section 673
§ 673. Appeal in case of fraud, accident, or mistake
Status: in_force

On petition and proof and in its discretion, the Supreme Court or Superior Court may grant leave to enter an appeal from an order of the Commissioner of Labor in cases where the petitioner has been prevented by fraud, accident, or mistake from taking or entering an appeal within the time allowed by law. On granting leave, the court shall order the petitioner to give sufficient security to prosecute the appeal to effect and pay any costs awarded against the petitioner.
21 V.S.A. § 446 — VT Code / Title 21 / Chapter 5 / Section 446
§ 446. Duties of Commissioner as to employment of children
Status: in_force

The Commissioner may inquire of the owner or superintendent of any place or establishment as to the employment of children, may request to see the certificate filed with the owner or superintendent, and shall ensure that the provisions of this subchapter have been complied with.
21 V.S.A. § 415 — VT Code / Title 21 / Chapter 5 / Section 415
§ 415. Violations
Status: in_force

(a) An employer who violates subsection 413(b) or 414(b) of this subchapter is liable to each employee who lost employment for:

(1) one day of severance pay for each day after the first day in the 45-day notice period required in subsection 413(b) of this subchapter, up to a maximum of ten days' severance pay; and

(2) the continuation, not to exceed one month after an employment loss, of existing medical or dental coverage under an employment benefit plan, if any, necessary to cover any delay in an employee's eligibility for obtaining alternative coverage resulting directly from the employer's violation of notice requirements.

(b) The amount of an employer's liability under subsection (a) of this section shall be reduced by the following:

(1) any voluntary and unconditional payments made by the employer to the employee that were not required to satisfy any legal obligation;

(2) any payments by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf of and attributable to the employee for the period of the violation; and

(3) any liability paid by the employer under any applicable federal law governing notification of mass layoffs, business closings, or relocations.

(c) If an employer proves to the satisfaction of the Commissioner that the act or omission that violated this subchapter was in good faith, the Commissioner may reduce the amount of liability provided for in this section. In determining the amount of such a reduction, the Commissioner shall consider any efforts by the employer to mitigate the violation.

(d) If, after an administrative hearing, the Commissioner determines that an employer has violated any of the requirements of this subchapter, the Commissioner shall issue an order including any penalties assessed by the Commissioner under this section and section 417 of this subchapter. The employer may appeal a decision of the Commissioner to the Superior Court within 30 days after the date of the Commissioner's order.
21 V.S.A. § 1322a — VT Code / Title 21 / Chapter 17 / Section 1322a
§ 1322a. Out-of-state or nonresident subcontractors
Status: in_force

(a) Any contractor who is or becomes an employer under the provisions of this chapter, who contracts with any out-of-state or nonresident subcontractor, who also is or becomes an employer under the provisions of this chapter, shall:

(1) withhold sufficient monies on the contract to guarantee that all contributions, penalties, and interest are paid upon completion of the contract; or

(2) require the subcontractor to secure a bond guaranteeing payment of all contributions, penalties, and interest due or to become due with respect to wages paid for employment on the contract.

(b) Failure to comply with the provisions of this section shall render the contractor directly liable for the contributions, penalties, and interest due from the subcontractor and the Commissioner shall have all of the remedies of collection against the contractor under the provisions of this chapter as though the services in question were performed directly for the contractor.

(c) Any contractor who becomes liable for and pays contributions with respect to individuals in the employ of a subcontractor may recover the amounts paid from the subcontractor.

(d) As used in this section, the words “contractor” and “subcontractor” mean and include individuals, partnerships, firms or corporations, or other associations of persons engaged in the business of construction, alteration, repairing, dismantling, or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks and towers, airports, dams, water wells, pipelines, and every other type of structure, project, development, or improvement coming within the definition of real property.
21 V.S.A. § 413 — VT Code / Title 21 / Chapter 5 / Section 413
§ 413. Notice and wage payment obligations
Status: in_force

(a) An employer who will engage in a closing or mass layoff shall provide notice to the Secretary of Commerce and Community Development and the Commissioner in accordance with this section to enable the State to present information on potential support for the employer and separated employees.

(b) Notwithstanding subsection (a) of this section, an employer who will engage in a closing or mass layoff shall provide notice to the Secretary of Commerce and Community Development and the Commissioner 45 days prior to the effective date of the closing or layoffs that reach the thresholds defined in section 411 of this subchapter, and shall provide 30 days' notice to the local chief elected official or administrative officer of the municipality, affected employees, and bargaining agent, if any.

(c) The employer shall send to the Commissioner and the Secretary the approximate number and job titles of affected employees, the anticipated date of the employment loss, and the affected worksites within the time allotted for notice to the Commissioner and Secretary under subsection 413(b) or 414(b) of this subchapter. Concurrent with the notification to the affected employees, in accordance with subsection 413(b) of this subchapter, the employer shall send to the Commissioner in writing the actual number of layoffs, job titles, date of layoff, and other information as the Commissioner deems necessary for the purposes of unemployment insurance benefit processing and for accessing federal and State resources to mitigate adverse employment impacts affecting employers, employees, and communities.

(d) In the case of a sale of part or all of an employer's business where mass layoffs will occur, the seller and the purchaser are still required to comply with the notice requirements under subsection (b) of this section.

(e) Nothing in this subchapter shall abridge, abrogate, or restrict the right of the State to require an employer that is receiving State economic development funds or incentives from being required to provide additional or earlier notice as a condition for the receipt of such funds or incentives.

(f) An employer is required to pay all unpaid wage and compensation owed to any laid-off worker, as required under this title.

(g) This section shall not apply to a nursing home in situations where Rules 2.8 and 3.14 of the Vermont Licensing and Operating Rules for Nursing Homes apply or where the CMS Requirements for Long-Term Care Facilities apply, pursuant to 42 C.F.R. §§ 483.15 and 483.70.
21 V.S.A. § 1385 — VT Code / Title 21 / Chapter 17 / Section 1385
§ 1385. Contingent provisions
Status: in_force

If the Federal Unemployment Tax Act is amended, interpreted, or extended so that employing units not previously included under the definition of “employer,” as that term is used in this chapter, are included under the definition after the Act is amended, interpreted, or extended, then, subject to other provisions of this chapter, benefits shall become payable to any individual on the basis of wages earned in the employ of the newly defined employer, and the wages shall be available to any individual for determining the individual's eligibility for benefits after the effective date of the extension, or after the date when the newly defined employer's approved election to be so defined has made the employer subject to this chapter, and the benefit year of the individual shall begin after the date the newly defined employer became subject to this chapter.
21 V.S.A. § 1362 — VT Code / Title 21 / Chapter 17 / Section 1362
§ 1362. Unemployment Compensation Administration Fund
Status: in_force

The Unemployment Compensation Administration Fund is created to consist of all monies received by the State or by the Commissioner for the administration of this chapter. The Unemployment Compensation Administration Fund shall be a special fund managed pursuant to 32 V.S.A. chapter 7, subchapter 5. The Unemployment Compensation Administration Fund shall be handled through the State Treasurer as other State monies are handled, but it shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor for the proper and efficient administration of this chapter and its balance shall not lapse at any time but shall remain continuously available to the Commissioner for expenditures consistent with the provisions of this section. All federal monies allotted or apportioned to the State by the Secretary of Labor, or other agency, for the administration of this chapter shall be paid into the Unemployment Compensation Administration Fund and are hereby appropriated to the Unemployment Compensation Administration Fund.
21 V.S.A. § 487 — VT Code / Title 21 / Chapter 5 / Section 487
§ 487. Rules
Status: in_force

The Commissioner may adopt rules to implement the provisions of this subchapter.
21 V.S.A. § 1114 — VT Code / Title 21 / Chapter 13 / Section 1114
§ 1114. Vermont Apprenticeship Advisory Board
Status: in_force

(a) Creation and purpose. The Vermont Apprenticeship Advisory Board is established to advise the Department, sponsors, employers, and related-instruction providers and to promote the development and strengthening of apprenticeship programs.

(b) Members and terms.

(1) The Board shall be composed of the following members:

(A) the Commissioner of Labor or designee, who shall serve as the Chair;

(B) the Director, who shall serve as the Secretary;

(C) the Secretary of Education or designee;

(D) a member of the State Workforce Development Board, appointed by the Chair of the Board;

(E) two representatives of a recognized union organization representing occupations with an apprenticeship program, appointed by the Governor;

(F) two representatives of employer program sponsors, appointed by the Governor;

(G) one representative of related instruction or training from an adult or secondary career technical education program, appointed by the Governor;

(H) two representatives from underserved communities, appointed by the Governor.

(2) A member other than the Commissioner of Labor, the Director, and the Secretary of Education shall be appointed to a term of three years, except as follows:

(A) The member appointed pursuant to subdivision (1)(D) of this subsection (b) shall serve an initial term of one year.

(B) The members appointed pursuant to subdivisions (1)(E)–(F) of this subsection (b) shall serve initial terms of two years.

(3) If a member fails to complete the member's full term, the Governor shall appoint a new member to complete the remainder of the term.

(4) A member shall serve at the pleasure of the Governor.

(5) Members not compensated for their time otherwise shall receive a per diem stipend for days of service to the Board and may be reimbursed for their necessary expenses incurred in attendance at meetings and in the performance of their official duties pursuant to 32 V.S.A. § 1010.

(c) Duties. The Board shall:

(1) Receive and review reports from the Department regarding provisional and registered apprenticeship programs, including programs under development and program deregistration proceedings.

(2) Advise the Department on the creation of new apprenticeable occupations.

(3) Advise the Commissioner on requests for ratio variances.

(4) Advise the Department on policies and procedures developed by the Department and on adoption of rules.

(5) Provide technical guidance for identifying and promoting best practices in operating apprenticeship programs.

(6) Create and convene working groups that are tasked with specific activities related to improving the quality, safety, diversity, and alignment of apprenticeship programs. Working group membership is not limited to appointed members of the Board and shall be selected and serve at the discretion of the Chair.

(d) Meetings.

(1) The Board shall meet at least quarterly, or more frequently at the request of the Chair, to accomplish the objectives of the Vermont Apprenticeship Advisory Board.

(2) The Board shall adhere to Vermont's Open Meeting law, including requirements for public meeting notices, publishing agendas, and recording minutes.

(e) The Board shall have the administrative, technical, and legal assistance of the Department.
21 V.S.A. § 203 — VT Code / Title 21 / Chapter 3 / Section 203
§ 203. Definitions
Status: in_force

As used in this chapter:

(1) “Act” means the Occupational Safety and Health Act of 1970 and rules adopted pursuant to that Act, as amended.

(2) “Commissioner” means the Commissioner of Labor or designee.

(3) “Department” means the Department of Labor.

(4) “Director” means the Director of Occupational Health.

(5) “Division” means the Division of Occupational Health.

(6) “Employee” means any person engaged in service to an employer for wages, salary, or other compensation, excluding an independent contractor.

(7) “Employer” means a person, as defined pursuant to subdivision (8) of this section, who employs one or more persons.

(8) “Person” means a natural person, corporation, partnership, trust, society, club, association, or other organization, including municipalities and the State and its instrumentalities.

(9) “Place of employment” means any place where an employee is engaged in performance of the employee's work or duties, or that is used in connection with an employee's employment. It includes structures, buildings, machinery, equipment, tools, appliances, and materials used in connection with the employment. It also includes land and premises where an employer is carrying on any activity or business involving the use of one or more employees.

(10) “Premises” means land and the structures thereon that contains a place of employment as defined pursuant to subdivision (9) of this section.

(11) “Rule” means a rule or regulation.

(12) “VOSHA Code” means subchapters 4 and 5 of this chapter, 18 V.S.A. chapter 28, and the rules adopted pursuant to those provisions.

(13) “Review Board” means the Occupational Safety and Health Review Board.

(14) “Secretary of Labor” means the Secretary of the U.S. Department of Labor.

(15) “Secretary” means the Secretary of Human Services.
21 V.S.A. § 632 — VT Code / Title 21 / Chapter 9 / Section 632
§ 632. Compensation to dependents; burial and funeral expenses
Status: in_force

(a)(1) If death results from the injury, the employer shall pay to the persons entitled to compensation or, if there are none, then to the personal representative of the deceased employee, the actual burial and funeral expenses not to exceed $10,000.00 and the actual expenses for out-of-state transportation of the decedent to the place of burial not to exceed $5,000.00.

(2) Every two years, the Commissioner of Labor shall evaluate the average burial and funeral expenses in the State and make a recommendation to the House Committee on Commerce and Economic Development as to whether an adjustment in compensation is warranted. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.

(b)(1) The employer shall also pay to or for the benefit of the following persons, for the periods prescribed in section 635 of this chapter, a weekly compensation equal to the following percentages of the deceased employee's average weekly wages:

(A) To the spouse, if there are no dependent children, 66 2/3 percent.

(B) To the spouse, if there is one dependent child, 71 2/3 percent; or if there are two or more dependent children, 76 2/3 percent. The compensation to the spouse shall be for the use and benefit of the spouse and of the dependent children.

(C) If there is no spouse, but a dependent child or children, then to the child or children, the amount or amounts payable to a spouse with the same number of dependent children, to be divided equally among the children if more than one.

(D) If there is neither spouse nor child, but there is a dependent father or mother, then to the parent, if wholly dependent, 30 percent, or if partially dependent, 20 percent or if both parents are dependent, then one-half of the foregoing compensation to each of them. If there is no such parent, but a dependent grandparent, then to every such grandparent the same compensation as to a parent.

(E) If there is neither dependent spouse, child, parent, nor grandparent, but there is a dependent grandchild, brother, or sister, or two or more of them, to the dependents 15 percent for one dependent and five percent additional for each additional dependent, with a maximum of 25 percent to be divided equally between the dependents if more than one.

(2) The weekly compensation payment required pursuant to this subsection (b) shall not exceed the maximum weekly compensation or be lower than the minimum weekly compensation.
21 V.S.A. § 682 — VT Code / Title 21 / Chapter 9 / Section 682
§ 682. Liens against compensation
Status: in_force

Claims of physicians and hospitals for services rendered under the provisions of this chapter and claims of attorneys for services rendered an employee in prosecuting a claim under the provisions of this chapter shall be approved by the Commissioner. When so approved they may be enforced against compensation awards in such manner as the Commissioner may direct.
21 V.S.A. § 602 — VT Code / Title 21 / Chapter 9 / Section 602
§ 602. Process and procedure
Status: in_force

(a) All process and procedure under the provisions of this chapter shall be as summary and simple as reasonably may be. The Commissioner may make rules not inconsistent with such provisions for carrying out the same and shall cause to be printed and furnished, free of charge, to any employer or employee such forms as he or she deems necessary to facilitate or promote the efficient administration of such provisions.

(b) The Commissioner shall determine the form in which reports are filed and what shall constitute a signature on the reports, including those filed in other than paper form, such as electronically or over telephone lines.

(c) Any communication from an employer or an insurer to a claimant that is not otherwise required to be provided on a form prescribed by the Commissioner must include a statement advising the claimant that he or she should contact the Department of Labor's Workers' Compensation Division to determine any right to object or appeal, as provided by law, and to seek information from the Department on the process and procedures.

(d) When an injured employee does not speak English fluently, the employer shall pay for translation services to ensure the injured employee fully understands the employee's rights and can effectively participate in the employee's medical recovery and the workers' compensation claims process.
21 V.S.A. § 1370 — VT Code / Title 21 / Chapter 17 / Section 1370
§ 1370. Furnishing reports
Status: in_force

A person shall not intentionally fail or refuse to furnish any reports required under this chapter or to submit the person's records to inspection when required under this chapter, or to make or require any deduction from wages to pay all or any portion of the contributions required from employers.
21 V.S.A. § 687a — VT Code / Title 21 / Chapter 9 / Section 687a
§ 687a. Self-insurance by associations
Status: in_force

(a) Any association that has been in existence in this State for five or more continuous years may establish and maintain a nonprofit corporation to secure workers' compensation insurance for employees of participating member employers and for employees of the association. The Commissioner of Financial Regulation shall assist with the establishment of a nonprofit corporation organized for the purpose of providing compensation under this chapter.

(b) No association electing to provide workers' compensation benefits under this chapter shall commence business for the purpose of distributing, sharing, or pooling any workers' compensation risk until a plan for the operation of the corporation and all contracts, agreements, and any other documents underlying or implementing the plan, and all amendments to those documents, have been approved by the Commissioner of Financial Regulation.

(c) The Commissioner of Financial Regulation shall promptly adopt interim rules to assist in the formation of the nonprofit corporations and to expedite approval of any plan of operation. The Commissioner shall also adopt rules relating to the administration and operation of the nonprofit corporations in order to provide for the fiscal integrity of agreements and to provide that trade, market, and claim practices engaged in by the nonprofit corporations are equitable, fair, and consistent. In adopting these rules, the Commissioner shall recognize that the nonprofit corporations are not for profit; that they are undertaking a service to the association's participating employers to control excessive workers' compensation insurance premiums; and that they shall not be considered insurance companies or insurers under the laws of this State. The rules shall be modeled after the rules now in effect for intermunicipal insurance agreements authorized by 24 V.S.A. chapter 121, subchapter 6, and for captive insurance companies chartered under 8 V.S.A. chapter 141.

(d) A nonprofit corporation established under this section:

(1) Shall have as its purposes: reducing the risk of its members; safety inspections; distributing, sharing, and pooling risks; acquiring insurance, excess loss insurance, or reinsurance; and processing, paying, and defending claims of employees of employers who are members of the association.

(2) Shall have the same persons serve as directors who serve as directors of the association.

(3) Shall have the same name as the association with the additional words: “Workers' Compensation Self-Insurance Corporation.”

(4) May enter into agreements for obtaining or effecting insurance by self-insurance, for obtaining or effecting workers' compensation insurance from any insurer authorized to transact business in this State as an admitted or surplus lines carrier, or for obtaining and effecting insurance secured in accordance with any other method provided by law, or by combination of the provisions of this section for obtaining and effecting insurance. Agreements made pursuant to this subsection shall provide for pooling of self-insurance reserves, risks, claims and losses, and administrative services and expenses associated with the agreement among participating employers.

(e) Any contributions made to a nonprofit corporation established under this section for the purpose of distributing, sharing, or pooling risks shall be made on an actuarially sound basis, and the nonprofit corporation shall have its books, records, and financial affairs audited annually. A copy of the annual audit shall be provided to the board of directors of the association or its governing body, to each participating employer, and to the Commissioner of Financial Regulation.
21 V.S.A. § 472a — VT Code / Title 21 / Chapter 5 / Section 472a
§ 472a. Short-term family leave
Status: in_force

(a) In addition to the leave provided in section 472 of this title, an employee shall be entitled to take unpaid leave not to exceed four hours in any 30-day period and not to exceed 24 hours in any 12-month period. An employer may require that leave be taken in a minimum of two-hour segments and may be taken for any of the following purposes:

(1) to participate in preschool or school activities directly related to the academic educational advancement of the employee's family member, such as a parent-teacher conference;

(2) to attend or to accompany the employee's family member to routine medical or dental appointments;

(3) to accompany the employee's family member to other appointments for professional services related to their care and well-being; or

(4) to respond to a medical emergency involving the employee's family member.

(b) An employee shall make a reasonable attempt to schedule appointments for which leave may be taken under this section outside of regular work hours. In order to take leave under this section, an employee shall provide the employer with the earliest possible notice, but in no case later than seven days, before leave is to be taken except in the case of an emergency. In this subsection, “emergency” means circumstances where the required seven-day notice could have a significant adverse impact on the family member of the employee.

(c) At the employee's discretion, the employee may use accrued paid leave, including vacation and personal leave.
21 V.S.A. § 1457 — VT Code / Title 21 / Chapter 17 / Section 1457
§ 1457. Eligibility
Status: in_force

(a) An individual is eligible to receive STC benefits with respect to any week only if, in addition to eligibility for monetary entitlement, the Commissioner finds that:

(1) the individual is employed during that week as a member of an affected unit under an approved short-time compensation plan that was in effect for that week;

(2) the individual is able to work and is available for the normal work week with the short-time employer;

(3) notwithstanding any other provisions of this chapter to the contrary, an individual is deemed unemployed in any week for which remuneration is payable to him or her as an employee in an affected unit for less than his or her normal weekly hours of work as specified under the approved short-time compensation plan in effect for the week;

(4) notwithstanding any other provisions of this chapter to the contrary, an individual shall not be denied STC benefits for any week by reason of the application of provisions relating to availability for work and active search for work with an employer other than the short-time employer.

(b) Eligible employees may participate, as appropriate, in training, including employer-sponsored training or worker training funded under the federal Workforce Innovation and Opportunity Act, to enhance job skills if the program has been approved by the Department.
21 V.S.A. § 657 — VT Code / Title 21 / Chapter 9 / Section 657
§ 657. After court judgment against employee
Status: in_force

In case, through mistake of law or fact, a suit has been brought to recover damages in any court and final judgment is against the employee, the limitation in section 656 of this title shall not begin to run until six months after such suit has been finally determined.
21 V.S.A. § 491 — VT Code / Title 21 / Chapter 5 / Section 491
§ 491. Absence on military service and training; employment and reemployment rights
Status: in_force

(a)(1) Any member of the Reserve Components of the U.S. Armed Forces, of the Ready Reserve, or of the Vermont National Guard or the National Guard of another state shall, when called to state or federal service, receive the same benefits, privileges, and protections in employment regardless of the activation authority or location of service.

(2)(A) Upon request, a member of the Reserve Components of the U.S. Armed Forces, of the Ready Reserve, or of the Vermont National Guard or the National Guard of another state shall be entitled to a leave of absence to engage in military drill, training, or other temporary duty pursuant to state or federal military orders.

(B) A member of the Vermont National Guard or the National Guard of any state or territory who is ordered to state active duty shall be subject to the requirements of and entitled to the rights, privileges, benefits, and protections provided by the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301-4335.

(C) A leave of absence shall be with or without pay as determined by the employer.

(b) A member of or an applicant for membership in the National Guard in either federal or state status as defined in 20 V.S.A. §§ 366 and 601 shall not be denied initial employment, reemployment, retention of employment, promotion, or any benefit of employment by an employer on the basis of membership, application for membership, performance of service, application for service, or obligation to serve.

(c) An employer shall not discriminate in employment against any person because a person has taken any of the following actions:

(1) enforcement of a provision of this subchapter or federal law;

(2) testified or made a statement in connection with any proceeding under this subchapter or under federal law;

(3) assisted or participated in any investigation under this subchapter or federal law; or

(4) exercised any right provided by this subchapter or under federal law.
21 V.S.A. § 444a — VT Code / Title 21 / Chapter 5 / Section 444a
§ 444a. Employment of aliens
Status: in_force

(a) As used in this section:

(1) “Alien” means any person not a citizen of the United States.

(2) “Employer” means any person, including any partnership, firm, corporation, or association, or any agent thereof, who engages or utilizes the personal services of one or more individuals for a salary or wage.

(3) “Illegal alien” means any person not a citizen of the United States who has entered the United States in violation of the Federal Immigration and Naturalization Act or regulations issued pursuant to the Act, who has legally entered but without the right to be employed in the country, or who has legally entered subject to a time limit but has remained illegally after the expiration of the time limit.

(b) No employer or agent for an employer shall knowingly recruit, solicit, or refer for employment, or employ, an illegal alien.

(c) No employer shall knowingly employ any alien unless the employer determines that the alien possesses the required certificate under the Federal Immigration and Naturalization Act or regulations issued pursuant to the Act, or has authorization from the U.S. Customs and Immigration Service or other appropriate federal agency.

(d) A person convicted of violating this section shall be fined not less than $100.00 or more than $300.00 for conviction of a first offense. For any subsequent offense, a person convicted of violating this section shall be fined not less than $300.00, nor more than $750.00.
21 V.S.A. § 621 — VT Code / Title 21 / Chapter 9 / Section 621
§ 621. Interstate commerce
Status: in_force

The provisions of this chapter shall affect the liability of employers to employees engaged in interstate or foreign commerce or otherwise only so far as the same is permissible under the laws of the United States.
21 V.S.A. § 494e — VT Code / Title 21 / Chapter 5 / Section 494e
§ 494e. Penalties
Status: in_force

Any individual violating any of the provisions of this subchapter shall be fined not less than $500.00 nor more than $1,000.00 or imprisoned not more than six months, or both, and the penalty shall not be suspended.
21 V.S.A. § 437 — VT Code / Title 21 / Chapter 5 / Section 437
§ 437. Employment of children; special restrictions; hours for children under 16 years of age
Status: in_force

(a) Except as provided in section 438 of this title, a child shall not be employed or permitted to work at or on any occupations, employment, operations, or machines determined to be hazardous, by rule, by the U.S. Secretary of Labor or the Commissioner.

(b) A child under 16 years of age shall not be employed more than eight hours in any one day or more than 40 hours in any one week.
21 V.S.A. § 148 — VT Code / Title 21 / Chapter 3 / Section 148
§ 148. Issuance and renewal of licenses; fees
Status: in_force

(a) A license issued by the Board shall be valid for two years. The Board may renew a license, provided the applicant submits a written application for renewal accompanied by the required fee prior to expiration of the license.

(b) Applicants for license renewal shall provide evidence, satisfactory to the Board, of completion of eight hours of instruction approved by the Board, designed to ensure the continued qualifications of the applicant.

(c) License and renewal fees are as follows:

(1) Elevator mechanic license: $75.00.

(2) Elevator inspector license: $150.00.

(3) Lift mechanic license: $50.00.
21 V.S.A. § 1458 — VT Code / Title 21 / Chapter 17 / Section 1458
§ 1458. Short-time compensation benefits
Status: in_force

(a) The short-time weekly benefit amount shall be the product of the regular weekly unemployment compensation amount multiplied by the percentage of reduction in the individual's usual weekly hours of work.

(b) No individual, including a claimant for STC, is eligible in any benefit year for more than the maximum unemployment compensation entitlement payable in accordance with section 1340 of this title.

(c) The STC benefits paid an individual shall be deducted from the maximum unemployment compensation entitlement amount established in accordance with section 1340 for that individual's benefit year.

(d) Claims for STC benefits shall be filed in the same manner as claims for unemployment compensation or as prescribed by the Commissioner.

(e) Provisions of this subchapter and Vermont Employment Security Board rules applicable to unemployment compensation claimants shall apply to STC claimants to the extent that they are not inconsistent with this subchapter. An individual who files a new initial claim for STC benefits shall be provided, if eligible for STC benefits, a monetary determination of entitlement to STC benefits and shall serve a waiting week as required under subdivision 1343(a)(4) of this chapter.

(f)(1) If an individual works in the same week for both the short-time employer and another employer and the individual's combined hours of work for both employers are equal to or greater than 81 percent of the usual hours of work with the short-time employer, the individual shall not be entitled to benefits under these short-time provisions or the unemployment compensation provisions.

(2) If an individual works in the same week for both the short-time employer and another employer and the individual's combined hours of work for both employers are equal to or less than 80 percent of the usual hours of work for the short-time employer, the benefit amount payable for that week shall be the weekly unemployment compensation amount reduced by the same percentage that the combined hours are of the usual hours of work. A week for which benefits are paid under this provision shall count as a week of short-time compensation.

(3) An individual who does not work during a week for the short-time employer, and is otherwise eligible, shall be paid the individual's full weekly unemployment compensation benefit amount under the provisions of the regular unemployment compensation program. Such a week shall not be counted as a week for which short-time compensation benefits were received.

(4) An individual who does not work the short-time employer's identified workweek reduction hours as certified by the application due to the use of paid vacation or personal time shall be paid benefits for the week under the partial unemployment compensation provisions of the regular unemployment compensation program.

(5) An individual who does not work for the short-time employer during a week but works for another employer and is otherwise eligible shall be paid benefits for that week under the partial unemployment compensation provisions of the regular UI program. Such a week shall not be counted as a week with respect to which STC benefits were received.
21 V.S.A. § 411 — VT Code / Title 21 / Chapter 5 / Section 411
§ 411. Definitions
Status: in_force

As used in this subchapter:

(1) “Affected employees” means employees who may be expected to experience an employment loss as a consequence of a proposed or actual business closing or mass layoff by their employer.

(2) “Business closing” means:

(A) the permanent shutdown of a facility;

(B) the permanent cessation of operations at one or more worksites in the State that results in the layoff of 50 or more employees over a 90-day period; or

(C) the cessation of work or operations not scheduled to resume within 90 days that affects 50 or more employees.

(3) “Commissioner” means the Commissioner of Labor.

(4) “Department” means the Department of Labor.

(5) “Employer” means any person that employs:

(A) 50 or more full-time employees;

(B) 50 or more part-time employees who work at least 1,040 hours per employee per year; or

(C) a combination of 50 or more:

(i) full-time employees; and

(ii) part-time employees who work at least 1,040 hours per employee per year.

(6) “Employment loss” means the termination of employment that is the direct result of a business closing or mass layoff. An employee will not be considered to have suffered an employment loss if the employee is offered a transfer to a different site of employment within 35 miles; or if prior to the layoff notice to the employee, the employee voluntarily separates or retires or was separated by the employer for unsatisfactory performance or misconduct.

(7) “Mass layoff” means a permanent employment loss of at least 50 employees at one or more worksites in Vermont during any 90-day period. In determining whether a mass layoff has occurred or will occur, employment losses for two or more groups of employees, each of which is below this threshold but which in the aggregate exceed this threshold and which occur within any 90-day period shall be considered to be a mass layoff unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes.

(8) “Representative” means an exclusive bargaining agent as legally recognized under State or federal labor laws.
21 V.S.A. § 341 — VT Code / Title 21 / Chapter 5 / Section 341
§ 341. Definitions
Status: in_force

As used in this subchapter:

(1) “Employee” means an individual who has entered into the employment of an employer, where the employer is unable to show that:

(A) the individual has been and will continue to be free from control or direction over the performance of the services, both under the contract of service and in fact;

(B) the service is either outside all the usual course of business for which the service is performed, or outside all the places of business of the enterprise for which the service is performed; and

(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business.

(2) “Employer” means any person that employs one or more individuals.

(3) “Commissioner” means the Commissioner of Labor.

(4) “Department” means the Department of Labor.

(5) “Wages” means all remuneration payable for services rendered by an employee, including salary, commissions, and incentive pay.
21 V.S.A. § 386 — VT Code / Title 21 / Chapter 5 / Section 386
§ 386. Investigations
Status: in_force

The Commissioner may, and on a petition of 50 or more residents of the State shall, investigate any industry, business, occupation, or employment pursuant to the provisions of section 385 of this subchapter, to ascertain whether any violations of this subchapter have occurred.
21 V.S.A. § 430 — VT Code / Title 21 / Chapter 5 / Section 430
§ 430. Policy; definitions; rules
Status: in_force

(a) It is the policy of Vermont that children shall be protected from employment in harmful and dangerous occupations. Toward this end, Vermont law should reflect federal protections regarding the employment of children, but should continue to provide additional protection for children in Vermont where particular circumstances warrant greater protection for children.

(b) As used in this subchapter:

(1) “Child” or “children” means an individual under 18 years of age.

(2) “Commissioner” means the Commissioner of Labor.

(3) “Employee” means any individual suffered or permitted to work by an employer.

(4) “Illegal child employment” means the employment of any child under 18 years of age in any work or occupation specifically prohibited by State or federal law. “Illegal child employment” does not include work performed by students as part of an educational program, provided this subchapter or federal law specifically permits this work.

(c) The Commissioner shall adopt rules to carry out the purpose and intent of this subchapter, provided the rules are consistent with federal child labor laws and rules. However, the Commissioner shall not be required to adopt or modify rules to conform with a change in federal child labor laws or regulations that weakens or eliminates an existing child labor protection policy.
21 V.S.A. § 142 — VT Code / Title 21 / Chapter 3 / Section 142
§ 142. Conveyances regulated
Status: in_force

(a) This subchapter regulates the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following conveyances and associated parts that are installed in or on a public building:

(1) hoisting and lowering mechanisms equipped with a car or platform, that moves between two or more landings, including:

(A) elevators;

(B) platform lifts and stairway chairlifts;

(C) power-driven stairways; and

(D) escalators; and

(2) hoisting and lowering mechanisms equipped with a car that serves two or more landings and is designed to carry material, not people, but not including dumbwaiters.

(b) This subchapter does not cover the conveyances that are regulated by the Vermont Tramway Board, by the rules of the Vermont Occupational Safety and Health Administration, or by the federal Mine Safety and Health Act, 30 U.S.C. § 801 et seq.
21 V.S.A. § 1252 — VT Code / Title 21 / Chapter 16A / Section 1252
§ 1252. Definitions
Status: in_force

For the purposes of this chapter:

(1) “Commissioner” means the Commissioner of Labor or the Commissioner's designee.

(2) “Department” means the Department of Labor.

(3) “Domestic and sexual violence” means domestic violence, sexual assault, or stalking as defined in 15 V.S.A. § 1151.

(4) “Weekly payment” means an amount determined in accordance with section 1338 of this title.
21 V.S.A. § 1334 — VT Code / Title 21 / Chapter 17 / Section 1334
§ 1334. Judgment; exception
Status: in_force

(a) Any liability for contributions, payments, penalties, interest, and costs imposed under this chapter becomes, from the time the liability is due and payable, a debt of the liable employer or employing unit to the State for the benefit of the Unemployment Compensation Fund and the Contingent Fund to be recovered in a civil action.

(b) The Commissioner may file in the Superior Court for the county in which the employer resides, or the Washington Superior Court if the employer is a nonresident, a certified copy of an assessment for contributions from which an appeal has not been taken within the time allowed. The court, after due notice to all interested parties shall summarily render a final judgment in accordance with the assessment. The judgment shall have the same effect, and all proceedings in relation to the judgment shall be the same, as though the judgment had been rendered in an action duly heard and determined by the court, provided, however, there shall not be an appeal from the judgment except on matters of law heard and determined in the court.

(c) When an assessment has been made under section 1330 of this subchapter from which a timely appeal has not been taken or when any appeal taken has been finally determined under sections 1331 and 1332 of this subchapter, the Commissioner may, as an additional or alternate remedy to other remedies and proceedings authorized by this chapter, issue a warrant directed to the sheriff of any county of this State. The warrant shall command the sheriff to levy upon and sell the real and personal property of any person liable for unpaid contributions, payments, interest, penalties, and costs due under this chapter, for payment of the amount due and the cost of executing the warrant, and to return the warrant to the Commissioner and to pay the Commissioner the money collected by virtue of the warrant within 60 days after receipt of the warrant. The sheriff shall within five days after receipt of the warrant file with the county clerk a copy of the warrant, and the clerk shall then enter in the judgment docket the name of the person liable, the amount of the contributions, payments, interest, penalties, and costs for which the warrant is issued and the date when the copy is filed. The levy and sale shall be effected in the manner prescribed for levy of execution. If a warrant is returned not fully satisfied, the Commissioner may issue new warrants for the balance due in accordance with the procedure set forth in this subsection.
21 V.S.A. § 607 — VT Code / Title 21 / Chapter 9 / Section 607
§ 607. Decisions; enforcement; appeals
Status: in_force

The decisions of the Commissioner shall be enforceable by the Superior Court under the provisions of section 675 of this chapter. From such a decision, an appeal shall lie in the same manner as other appeals from the Commissioner. However, in no case shall an appeal under this section operate as a stay unless the Commissioner or the court to which the appeal is taken orders.
21 V.S.A. § 703 — VT Code / Title 21 / Chapter 9 / Section 703
§ 703. Reports of payments made by employers
Status: in_force

Within 60 days after disability, such employer or other party liable to pay the compensation provided for by this chapter shall file with the Commissioner a statement showing the total payments made or to be made for compensation and for medical services for such injured employee.
21 V.S.A. § 702 — VT Code / Title 21 / Chapter 9 / Section 702
§ 702. Contents; penalty
Status: in_force

(a) Reports submitted pursuant to section 701 of this chapter shall state:

(1) the name and nature of the business of the employer;

(2) the location of the place where the accident occurred;

(3) the name, age, sex, wages, and occupation of the injured employee;

(4) the date and hour of the accident causing the injury;

(5) the injury's nature and cause; and

(6) any other information required by the Commissioner.

(b) An employer who refuses or neglects to make reports required pursuant to section 701 of this chapter may be assessed an administrative penalty of not more than $100.00 per violation after notice and opportunity for hearing under section 688 of this title.
21 V.S.A. § 305 — VT Code / Title 21 / Chapter 5 / Section 305
§ 305. Nursing mothers in the workplace
Status: in_force

(a) For an employee who is a nursing mother, the employer shall for three years after the birth of a child:

(1) Provide reasonable time, either compensated or uncompensated, throughout the day to express breast milk for her nursing child. The decision to provide compensated time shall be in the sole discretion of the employer, unless modified by a collective bargaining agreement.

(2) Make a reasonable accommodation to provide appropriate private space that is not a bathroom stall.

(b) An employer may be exempted from the provisions of subsection (a) of this section if providing time or an appropriate private space for expressing breast milk would substantially disrupt the employer's operations.

(c) An employer shall not retaliate or discriminate against an employee who exercises or attempts to exercise the rights provided under this section. The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section.

(d) In lieu of an enforcement action through the Vermont Judicial Bureau, the Attorney General or a State's Attorney may enforce the provisions of this section by bringing a civil action for temporary or permanent injunctive relief, economic damages, including prospective lost wages for a period not to exceed one year, and investigative and court costs. The Attorney General or a State's Attorney may conduct an investigation of an alleged violation and enter into a settlement agreement with the employer. Such investigation shall not be a prerequisite to bringing a court action.
21 V.S.A. § 434 — VT Code / Title 21 / Chapter 5 / Section 434
§ 434. Employment of children under 16 years of age
Status: in_force

(a) A child under 16 years of age shall not be employed:

(1) more than eight hours in any day;

(2) more than six days in any week;

(3) earlier than seven o'clock in the morning; or

(4) after seven o'clock at night, except from June 1 through Labor Day, when a child may be permitted to work until nine o'clock at night.

(b) A child under 16 years of age shall not be employed more than three hours on any day that school is in session, and not more than a total of 18 hours during any week that school is in session.

(c)(1) Notwithstanding subsections (a) and (b) of this section, a child employed as an actor or performer in motion pictures, theatrical productions, radio, or television, or employed as a baseball bat person, may be employed until midnight or after midnight if a parent or guardian and the Commissioner of Labor have consented in writing.

(2) The Commissioner shall adopt rules regarding the permissible duties of a baseball bat person.

(d) The provisions of this section shall not apply to employment as a newspaper carrier or work connected with agriculture or domestic service.
21 V.S.A. § 622 — VT Code / Title 21 / Chapter 9 / Section 622
§ 622. Right to compensation exclusive
Status: in_force

Except as provided in subsection 618(b) and section 624 of this title, the rights and remedies granted by the provisions of this chapter to an employee on account of a personal injury for which he or she is entitled to compensation under the provisions of this chapter shall exclude all other rights and remedies of the employee, the employee's personal representatives, dependents, or next of kin, at common law or otherwise on account of such injury.
21 V.S.A. § 663a — VT Code / Title 21 / Chapter 9 / Section 663a
§ 663a. Workers' compensation dispute mediation
Status: in_force

(a) The Commissioner shall require mediation in certain workers' compensation disputes. In each case, after a request for formal hearing has been filed, in accordance with the rule, the Commissioner may determine whether the disputed issue and the parties are appropriate for mediation prior to a formal hearing and whether mediation would speed resolution of the dispute without the time and expense of a hearing. If the Commissioner determines that mediation is appropriate, the Commissioner shall order the parties to attend at least one mediation session prior to a scheduled hearing. Referring a case to mediation shall not cause a delay in setting a date for the formal hearing. The Commissioner shall, by rule, determine the procedures by which cases are selected and scheduled for mediation.

(b) The costs of mediation shall be divided evenly between the claimant and the employer, unless the parties agree otherwise. The cost of the mediation, up to the amount set by rule, shall be a cost recoverable by the claimant pursuant to section 678 of this title.

(c) The Commissioner shall select or make available a list of qualified individuals to act as mediators, which may include nonattorneys, provided they are experienced in workers' compensation, including former Department employees and insurance adjusters. The mediators shall be compensated at rates set by rule of the Commissioner.

(d) Prior to implementing this section, the Commissioner shall consult with the Department of Labor Advisory Council established by section 1306 of this title, the workers' compensation committees of the Vermont Bar Association and the Vermont Trial Lawyers' Association, representatives of insurers who provide workers' compensation coverage in Vermont, and with other appropriate parties.
21 V.S.A. § 418 — VT Code / Title 21 / Chapter 5 / Section 418
§ 418. Other rights
Status: in_force

The rights and remedies provided to employees by this subchapter do not infringe upon or alter any other contractual or statutory rights and remedies of the employees. Nothing in this subchapter is intended to alter or diminish or replace any federal or State regulatory mandates for a shutdown or closure of a regulated business or entity.
21 V.S.A. § 1043 — VT Code / Title 21 / Chapter 12 / Section 1043
§ 1043. Enforcement; appeals
Status: in_force

(a) The Commissioner may revoke, suspend, restrict, or place on probation the license of any employee leasing company, after a hearing, for a violation of any provision of this chapter or for a violation of any law relating to the conduct of the business of employee leasing. The Commissioner may charge the licensee the actual cost of any investigation undertaken at the direction of the Commissioner in response to any complaint filed against the licensee.

(b) A person may appeal an action taken by the Commissioner under this section to the Superior Court.
21 V.S.A. § 497a — VT Code / Title 21 / Chapter 5 / Section 497a
§ 497a. Committee established
Status: in_force

There is hereby established a permanent committee to be known as the Vermont Governor's Committee on Employment of People with Disabilities, to consist of 23 members, including one representative each from the Vermont Department of Labor's Workforce Development Division and the Jobs for Veterans State Grant, one representative from the Department of Disabilities, Aging, and Independent Living, Vocational Rehabilitation Division and one from the Division for the Blind and Visually Impaired, one representative of the U.S. Department of Veterans Affairs, one representative of the State of Vermont Office of Veterans Affairs, and 17 members to be appointed by the Governor. The appointive members shall hold office for the term specified or until their successors are named by the Governor. The members shall receive no salary for their services as such, but the necessary expenses of the Committee shall be paid by the State.
21 V.S.A. § 495a — VT Code / Title 21 / Chapter 5 / Section 495a
§ 495a. Persons entering into contracts with this State
Status: in_force

The State of Vermont and all of its contracting agencies shall include in all contracts negotiated a provision obligating the contractor to comply with this subchapter in connection with any work to be performed in this State and requiring the contractor to include a similar provision in all subcontracts for work to be performed in this State. (1963, No. 196, § 2; amended 2023, No. 85 (Adj. Sess.), § 106, eff. July 1, 2024.)
21 V.S.A. § 670 — VT Code / Title 21 / Chapter 9 / Section 670
§ 670. Appeals to Superior Court
Status: in_force

Within 30 days after copies of an award have been sent as provided by this chapter, either party may appeal to the Superior Court of a county in which a civil action between the parties would be triable. Either party shall be entitled to a trial by jury.
21 V.S.A. § 648 — VT Code / Title 21 / Chapter 9 / Section 648
§ 648. Permanent partial disability benefits
Status: in_force

(a) Where the injury results in a partial impairment which is permanent and which does not result in permanent total disability, compensation shall be paid during the period of total disability, as provided in sections 642 and 643 of this title, and at the termination of total disability, the employer shall pay to the injured employee 66⅔ percent of the average weekly wage, computed as provided in section 650 of this title, subject to the maximum and minimum weekly compensation rates, for a period determined by multiplying the employee's percentage of impairment of the whole person by 330 weeks. The percentage of impairment to the whole person is the percentage of impairment to the particular body part, system, or function converted to the percentage of impairment to the whole person as provided in subsection (b) of this section.

(b) Any determination of the existence and degree of permanent partial impairment shall be made only in accordance with the whole person determinations as set out in the Fifth Edition of the American Medical Association Guides to the Evaluation of Permanent Impairment. In order to utilize any subsequent edition of the American Medical Association Guides to the Evaluation of Permanent Impairment or any other appropriate guides to the evaluation of permanent impairment, the Commissioner, in consultation with the Department of Labor Advisory Council, shall adopt a rule. The Commissioner shall adopt a supplementary schedule for injuries that are not rated by the impairment guide authorized for use by the Department to determine permanent disability.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, for the purposes of determining the payment period for any permanent partial impairment to the spine, the percentage of impairment shall be determined in accordance with rules adopted by the Commissioner according to which an injury to the spine that is evaluated as a 60 percent impairment of the whole person shall provide 330 weeks of compensation.

(d) An impairment rating determined pursuant to this section shall be reduced by any previously determined permanent impairment for which compensation has been paid, but if the combination of the prior impairment rating and the rating determined pursuant to this section would result in the employee being considered permanently totally disabled, the prior rating shall not negate a finding of permanent total disability.
21 V.S.A. § 1036 — VT Code / Title 21 / Chapter 12 / Section 1036
§ 1036. Employee leasing company; duties; deemed employer
Status: in_force

(a) A licensee shall:

(1) register with the following within 10 days after licensure under this chapter:

(A) the Department of Labor;

(B) the Department of Taxes;

(C) the Secretary of State; and

(D) the U.S. Internal Revenue Service;

(2) make timely payment of workers' compensation premiums and unemployment compensation on all leased employees based on the experience rating of the client company to which the employees are leased;

(3) file all reports as required by this chapter and applicable law;

(4) maintain financial responsibility and management competence;

(5) provide notification of the employment arrangement to all employees leased pursuant to an employee leasing agreement within 10 days after executing the agreement; and

(6) keep any securities or bond in effect or retain accreditation, whichever was provided pursuant to subdivision 1033(b)(7) of this chapter during the period the license is valid.

(b) Except as provided in sections 1037 and 1038 of this title, an employee leasing company licensed under this chapter shall be deemed to be the employer for the payment of wages and other employment benefits due to leased employees pursuant to the employee leasing agreement. An employee leasing company shall implement an employee grievance system and provide to each leased employee a manual that outlines the terms and conditions of employment.
21 V.S.A. § 1364 — VT Code / Title 21 / Chapter 17 / Section 1364
§ 1364. Replacement
Status: in_force

This State shall replace any monies received from the Secretary of Labor under Title III of the Social Security Act, any monies granted to this State pursuant to the provisions of the Wagner-Peyser Act, and any monies made available by the State or its political subdivisions and matched by monies granted to this State pursuant to the provisions of the Wagner-Peyser Act, that the Secretary of Labor finds after reasonable notice and opportunity for hearing to the Commissioner have, because of any action or contingency, been lost or expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of this chapter. In the event that there are insufficient funds in the Contingent Fund as provided in section 1365 of this subchapter, the monies shall be promptly replaced by monies appropriated for the purpose from the general funds of this State to the Unemployment Compensation Administration Fund for expenditure as provided in sections 1362 and 1363 of this subchapter. The Commissioner shall promptly report to the Governor, and the Governor to the General Assembly, the amount required for the replacement.
21 V.S.A. § 494a — VT Code / Title 21 / Chapter 5 / Section 494a
§ 494a. Polygraph testing as condition of employment
Status: in_force

(a) Except as provided in section 494b of this title, an employer or an employment agency shall not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following:

(1) request or require that an employee or applicant for employment take or submit to a polygraph examination; or

(2) administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or

(3) request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this subchapter.

(b) An employer shall not refuse to hire, promote, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination.
21 V.S.A. § 1338a — VT Code / Title 21 / Chapter 17 / Section 1338a
§ 1338a. Disregarded earnings
Status: in_force

(a) An individual shall be deemed “partially unemployed” in any week of less than full-time work if the wages earned by the individual with respect to such week are less than the weekly benefit amount the individual would be entitled to receive if totally unemployed and eligible. As used in this section, “wages” in any one week includes only that amount of remuneration rounded down to the nearest dollar that is in excess of 50 percent of the individual's weekly wage.

(b) Notwithstanding subsection (a) of this section, an individual shall not be deemed to be “partially unemployed” if the individual performed less than full-time work only because there was a holiday in that week for which the individual was entitled to holiday pay.
21 V.S.A. § 304 — VT Code / Title 21 / Chapter 5 / Section 304
§ 304. Employment conditions
Status: in_force

An employer shall provide an employee with reasonable opportunities during work periods to eat and to use toilet facilities in order to protect the health and hygiene of the employee.
21 V.S.A. § 1544 — VT Code / Title 21 / Chapter 19 / Section 1544
§ 1544. Rules
Status: in_force

(a) The Board shall have authority to adopt, amend, and rescind rules as necessary to carry out the provisions of this chapter.

(b) In carrying out this chapter the Board may, under any applicable federal law, rule, or regulation, petition the National Labor Relations Board for an advisory opinion as to whether that agency will assert jurisdiction over a labor dispute that is the subject of a proceeding then pending before the Board.

(c) All findings, conclusions, and determinations of the Board under this chapter shall be public records.
21 V.S.A. § 344 — VT Code / Title 21 / Chapter 5 / Section 344
§ 344. Assignment of future wages
Status: in_force

(a) An assignment of future wages payable pursuant to section 342 of this subchapter shall not be valid if it is made or procured to be made to:

(1) the employer from whom the wages are to become due; or

(2) any person on behalf of the employer, or for the purpose of relieving the employer from the obligation to pay under the provisions of section 342 of this subchapter.

(b) An employer shall not require an employee to agree, as a condition of employment, to accept wages at any other period.
21 V.S.A. § 226 — VT Code / Title 21 / Chapter 3 / Section 226
§ 226. Enforcement
Status: in_force

(a)(1) An employer shall, within 20 days after personal service or receipt of a citation issued under section 225 of this subchapter, notify the Commissioner that the employer wishes to appeal the citation or proposed penalty.

(2) If an employer does not notify the Commissioner as provided in this subsection and an employee does not file a notice under subsection (c) of this section, the citation and penalty, as proposed, shall be deemed a final order of the Review Board and not subject to review by any court or agency.

(b)(1)(A) If the Commissioner on inspection or investigation finds that an employer has failed to correct a violation for which a citation has been issued within the period permitted for its correction, the Commissioner shall notify the employer by certified mail of the failure and of the penalty proposed to be assessed under section 210 of this chapter by reason of the failure.

(B) The period to correct a violation shall begin to run:

(i) when a final order is entered by the Review Board in relation to review proceedings under this section that are initiated by an employer in good faith and not solely for delay or avoidance of penalties; or

(ii) on the day the citation and penalty become final under subsection (a) of this section.

(2) The employer shall have 20 days after the receipt of the notice to notify the Commissioner that the employer wishes to appeal the Commissioner's citation or the proposed penalty. If, within 20 days after receipt of the notification issued by the Commissioner, the employer fails to notify the Commissioner that the employer intends to appeal, the citation and assessment, as proposed, shall be deemed a final order of the Review Board and not subject to review by any court or agency.

(c) If an employer notifies the Commissioner that the employer intends to contest a citation issued under section 225 of this title, or if, within 20 days after the issuance of a citation under section 225 of this title, any employee or representative of employees files a notice with the Commissioner alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Commissioner shall immediately advise the Review Board of the notification and the Review Board shall afford an opportunity for a hearing. Unless a notice is timely filed, the proposed penalty and, in appropriate cases, the citation shall be deemed a final order of the Review Board not subject to review by any court or agency.

(d) After hearing an appeal, the Review Board shall issue an order based on findings of fact that affirms, modifies, or vacates the Commissioner's citation or proposed penalty, or both, or provides other appropriate relief. The order shall become final 30 days after its issuance unless judicial review is timely taken under section 227 of this title. The rules of procedure adopted by the Review Board shall provide affected employees or their representatives with an opportunity to participate as parties in a hearing under this subsection.
21 V.S.A. § 1253 — VT Code / Title 21 / Chapter 16A / Section 1253
§ 1253. Eligibility
Status: in_force

The Commissioner shall make all determinations for eligibility under this chapter. An individual shall be eligible for up to 26 weekly payments when the Commissioner determines that the individual voluntarily left work due to circumstances directly resulting from domestic and sexual violence, provided the individual:

(1) Leaves employment for one of the following reasons:

(A) The individual reasonably fears that the domestic and sexual violence will continue at or en route to or from the place of employment.

(B) The individual intends to relocate in order to avoid future domestic and sexual violence against the individual or a member of the individual's family.

(C) The individual reasonably believes that leaving the employment is necessary for the safety of the individual or a member of the individual's family.

(D) The individual is physically or emotionally unable to work as a result of experiencing domestic or sexual violence as certified by a medical professional. The certification shall be reviewed by the Commissioner every six weeks and may be renewed until the individual is able to work or the benefits are exhausted.

(2) Complies with all the following:

(A) Prior to leaving employment has pursued reasonable alternatives to leaving the employment, which may include seeking a protection order, relocating to a secure place, or seeking reasonable accommodation from the employer, such as a transfer or different assignment. Failure to pursue reasonable alternatives may be excused if the individual establishes that pursuit of alternatives is likely to:

(i) be futile;

(ii) increase the risk of future incidents of domestic and sexual violence;

(iii) not adequately address the specific circumstances that led to the individual's decision to separate from employment.

(B) Provides the Department with satisfactory documentation of the domestic and sexual violence. The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in 18 V.S.A. § 9432(9). Information relating to the domestic and sexual violence, including the claimant's statement and corroborating evidence, provided to the Department shall not be disclosed by the Department unless the claimant has signed a consent to disclose form. In the event the Department is legally required to release this information without consent by the claimant, the Department shall notify the claimant at the time the notice or request for release of information is received by the Department and prior to releasing the requested information.

(C) Has been found ineligible for unemployment solely on the basis of the separation from employment.
21 V.S.A. § 605 — VT Code / Title 21 / Chapter 9 / Section 605
§ 605. Testimony of person outside the State, how taken
Status: in_force

Upon the application of a party in a cause pending before the Commissioner and on such notice to the adverse party or the adverse party's attorney as the Commissioner deems reasonable, the Commissioner may issue a commission to a person designated by the Commissioner to take the testimony of a person residing or located outside the State. The testimony shall be taken upon interrogatories settled by order of the Commissioner or upon oral examination, as the Commissioner directs.
21 V.S.A. § 706 — VT Code / Title 21 / Chapter 9 / Section 706
§ 706. Construction
Status: in_force

The provisions of sections 704 and 705 of this chapter shall not be applicable to persons operating farms for agricultural purposes.
21 V.S.A. § 1311 — VT Code / Title 21 / Chapter 17 / Section 1311
§ 1311. Employees
Status: in_force

Subject to other provisions of this chapter, the Commissioner is authorized to appoint a Deputy Commissioner and such officers, accountants, attorneys, and employees as may be necessary in the performance of the Commissioner's duties. The Commissioner may delegate to any person appointed pursuant to the provisions of this section any power and authority the Commissioner deems reasonable and proper for the effective administration of this chapter, and may, in the Commissioner's discretion, bond any person handling monies or signing checks pursuant to the provisions of this chapter.
21 V.S.A. § 1367 — VT Code / Title 21 / Chapter 17 / Section 1367
§ 1367. Benefits not subject to assignment or trustee process
Status: in_force

Benefits that are due or may become due under this chapter shall not be assignable before payment, but this provision shall not affect the survival thereof; and when awarded, adjudged, or paid, shall be exempt from all claims of creditors, and from levy, execution, attachment, and trustee process or other remedy now or hereafter provided for recovery or collection of debt. This exemption may not be waived.
21 V.S.A. § 343 — VT Code / Title 21 / Chapter 5 / Section 343
§ 343. Form of payment
Status: in_force

An employer shall not pay employees with any form of evidence of indebtedness, including all scrip, vouchers, due bills, or store orders, unless the employer is in compliance with one or both of the following:

(1) The employer is a cooperative corporation in which the employee is a stockholder, in which case, the cooperative corporation shall, upon request of any shareholding employee, pay the shareholding employee as provided in section 342 of this title.

(2) Payment is made by check as defined in Title 9A or by an electronic fund transfer as provided in section 342 of this title.
21 V.S.A. § 1 — VT Code / Title 21 / Chapter 1 / Section 1
§ 1. Department created; Commissioner, appointment
Status: in_force

(a) The Department of Labor is hereby created to administer the laws relating to labor in chapter 1, subchapters 4 and 5 of chapter 3, and chapters 5, 9, and 12 through 17 of this title and other laws assigned to the Department for administration. There shall be within the Department the Apprenticeship Council and other boards, councils, and committees specially assigned to the Department.

(b) Biennially, with the advice and consent of the Senate, the Governor shall appoint a Commissioner of Labor.
21 V.S.A. § 689 — VT Code / Title 21 / Chapter 9 / Section 689
§ 689. Employer compelled to insure
Status: in_force

If an employer who secures the payment of compensation under the provisions of subdivision 687(3) of this chapter neglects or refuses to comply with the reasonable rules of the Commissioner or neglects and refuses to promptly adjust and pay all compensation and medical bills as required by law, the Commissioner may cite the employer. If on hearing it is found that such neglect or refusal is willful, the Commissioner may revoke the permission granted to the employer to secure the payment of compensation under that subdivision and compel the employer to take out insurance in an insurance company authorized to transact workers' compensation insurance in the State in addition to penalties assessed under section 688 of this chapter.
21 V.S.A. § 1376 — VT Code / Title 21 / Chapter 17 / Section 1376
§ 1376. Limitation of liability of State
Status: in_force

Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that monies are available for the payment of benefits to the credit of the Unemployment Compensation Trust Fund. Neither the State nor the Commissioner shall be liable for any amount in excess of such sums.
21 V.S.A. § 414 — VT Code / Title 21 / Chapter 5 / Section 414
§ 414. Exceptions
Status: in_force

(a) In the case of a business closing or mass layoff, an employer is not required to comply with the notice requirement in section 413 of this subchapter and may delay notification to the Department if:

(1) the business closing or mass layoff results from a strike or a lockout;

(2) the employer is actively attempting to secure capital or investments in order to avoid closing or mass layoffs; and the capital or investments sought, if obtained, would have enabled the employer to avoid or postpone the business closing or mass layoff, and the employer reasonably and in good faith believed that giving the notice would have precluded the employer from securing the needed capital or investment;

(3) the business closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time the 45-day notice would have been required;

(4) the business closing or mass layoff is due to a disaster beyond the control of the employer; or

(5)(A) the business closing or the mass layoff is the result of the conclusion of seasonal employment or the completion of a particular project or undertaking; or

(B) the affected employees were hired with the understanding that their employment was limited to the duration of the season, facility, project, or undertaking.

(b) An employer that is unable to provide the notice otherwise required by this subchapter as a result of circumstances described in subsection (a) of this section shall provide as much notice as is practicable and at that time shall provide a brief statement to the Commissioner regarding the basis for failure to meet the notification period. In such situations, the mailing of the notice by certified mail or any other method approved by the Commissioner shall be considered acceptable in the fulfillment of the employer's obligation to give notice to each affected employee under this subchapter. At the time of notice to the Commissioner, the employer shall provide the required information under subsection 413(c) of this subchapter.
21 V.S.A. § 1a — VT Code / Title 21 / Chapter 1 / Section 1a
§ 1a. Reports
Status: in_force

The Commissioner of Labor shall prepare and submit, consistent with 2 V.S.A. § 20(a), a report on attorney's fees, pursuant to subsection 678(c) of this title.
21 V.S.A. § 1305a — VT Code / Title 21 / Chapter 17 / Section 1305a
§ 1305a. Comprehensive Employment and Training Office
Status: in_force

(a) With the approval of the Governor, the Commissioner shall appoint a Director of the Comprehensive Employment and Training Office and fix his or her salary. The Director shall serve at the pleasure of the Commissioner. The Commissioner may appoint such other personnel and may organize the Office as he or she deems necessary to carry out its functions and duties, and may delegate such powers and authority to the Director of the Office as he or she deems necessary for its efficient administration.

(b) The Comprehensive Employment and Training Office shall provide job training and employment opportunities for economically disadvantaged, unemployed, and underemployed persons through a system of federal and State programs, and is hereby authorized to serve on behalf of the Governor, through the Commissioner of Labor, as the prime sponsor in accordance with the Comprehensive Employment and Training Act (P.L. 95-524); provided further, that such responsibilities and authorization shall continue only so long as the federal government provides funds to execute such responsibilities.
21 V.S.A. § 636 — VT Code / Title 21 / Chapter 9 / Section 636
§ 636. Compensation for unexpired period; determined
Status: in_force

Upon the cessation of compensation under section 635 of this title to or on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of the period during which their compensation is payable shall be that which such persons would have received if they had been the only persons entitled to compensation at the time of the decedent's death.
21 V.S.A. § 687 — VT Code / Title 21 / Chapter 9 / Section 687
§ 687. Security for compensation
Status: in_force

(a) Employers, not including State, county, or municipal bodies, shall secure compensation for their employees in one or more of the following ways:

(1) By insuring and keeping insured the payment of such compensation with any corporation or reciprocal or interinsurance exchange authorized to transact the business of workers' compensation insurance in this State.

(2) By obtaining and keeping in force guarantee insurance with any company authorized to do such guarantee business within the State.

(3) By establishing and maintaining to the satisfaction of the Commissioner the employer's financial responsibility necessary to secure payment by the employer of compensation according to the terms of this chapter. The Department of Financial Regulation shall provide technical assistance and a recommendation on each self-insurance application to the Commissioner. For purposes of this subdivision, the Commissioner shall, after consultation with the Commissioner of Financial Regulation, adopt rules and impose terms and conditions, including surety bonds, cash deposits, or reserves and excess risk insurance, as necessary to ensure the same security for compensation as provided under contract for workers' compensation or guarantee insurance. The fund shall be free from attachment or trustee process so long as any liability for the compensation exists.

(4) By participating to the satisfaction of the Commissioner of Labor in a nonprofit, self-insurance corporation approved by the Commissioner of Financial Regulation under this chapter.

(b) In the event an employer fails to secure workers' compensation as required by this section and an employee reasonably believes that he or she has received a personal injury by accident arising out of and in course of employment with that employer, then:

(1) If the employer is a corporation, the officers and majority stockholders of the corporation shall be personally liable for any benefits owed to the injured employee under this chapter.

(2) If the employer is a partnership, the partners shall be personally liable for any benefits owed to the injured employee under this chapter.

(3) If the employer is neither a corporation nor a partnership, the principals, executive officers, or controlling parties of the business, or all of these, shall be personally liable for any benefits owed to the injured employee under this chapter.

(c) Upon filing a claim for benefits under this chapter or if the employee elects to bring a civil action pursuant to subsection 618(b) of this title, the employee may obtain a lien against the property of the employer or the personal property of any persons described in subsection (b) of this section.

(d) The remedies provided in this section shall be in addition to any other remedies and penalties available under law.

(e) All insurance carriers authorized to write workers' compensation insurance coverage in Vermont shall make available, at the written request of the employer, a workers' compensation insurance rate that contains a deductible provision that binds the employer to reimburse the workers' compensation insurer for at least the first $500.00 of benefits, medical or indemnity, due to an injured employee. Claims shall be adjusted and paid by the insurer, and the employer shall reimburse the insurer for the amount of the deductible.
21 V.S.A. § 151 — VT Code / Title 21 / Chapter 3 / Section 151
§ 151. Permits
Status: in_force

(a) No conveyance shall be erected, constructed, installed, or altered in a public building unless a permit has been obtained from the Department before work is commenced. Before a material alteration, as defined by rule, is begun, the conveyance shall conform to rules adopted by the Board regulating the alteration. A copy of the permit shall be kept at the construction site at all times while work is in progress.

(b) Each application for a permit shall be accompanied by a fee of $25.00, and copies of specifications and accurately scaled and fully dimensioned plans that clearly indicate location of the elevator in the building; the location of the machinery room and the equipment to be installed, relocated, or altered; all structural supporting members, including foundations; and a specification of all materials to be used and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(c) A permit may be revoked for any of the following reasons:

(1) a false statement or a misrepresentation of a material fact in the application, plans, or specifications on which the permit was based;

(2) failure of the permittee to perform work in accordance with the conditions of the permit, the provisions of the application, plans, or specifications, or with the standards required by this subchapter; or

(3) failure of the permit holder to comply with any order issued pursuant to section 154 of this title.

(d) Work shall commence within six months after the date of issuance of a permit, or within a shorter period of time as the Commissioner may specify in the permit.

(e) A permit shall expire if work is suspended or abandoned for more than 60 days after work has begun, or a shorter period of time as the Commissioner may specify in the permit. For good cause shown, the Commissioner may extend this period.
21 V.S.A. § 666 — VT Code / Title 21 / Chapter 9 / Section 666
§ 666. Manner of giving notice of hearing
Status: in_force

Notices of hearings under the provisions of this chapter shall be given to the employee, employer, and to the insurance carrier. Such notice shall be given by delivering it or by sending it by mail, addressed to the employee, employer, and to such insurance company at his, her, or its last known residence or place of business. The foregoing provisions shall apply alike to individuals, partnerships, and corporations.
21 V.S.A. § 495f — VT Code / Title 21 / Chapter 5 / Section 495f
§ 495f. Exemptions
Status: in_force

Notwithstanding any other provision of this subchapter, it is not unlawful discrimination on the basis of age or disability for any employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or life or health insurance plan, any of which is not a subterfuge to evade the purposes of this subchapter. No employee benefit plan, however, excuses the failure to hire any individual. No seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual because of age. Mandatory retirement on account of age, necessitated under a police or firefighter retirement system, is specifically authorized.
21 V.S.A. § 610 — VT Code / Title 21 / Chapter 9 / Section 610
§ 610. Election by State as employer
Status: in_force

The provisions of this chapter relating to the State as an employer shall be deemed to be an election by the State where an election is required by the provisions of this chapter.
21 V.S.A. § 497b — VT Code / Title 21 / Chapter 5 / Section 497b
§ 497b. Duties
Status: repealed

(a) The Committee shall coordinate a program to promote the employment of people with disabilities by creating statewide interest in the rehabilitation and employment of people with disabilities and by obtaining and maintaining cooperation from all public and private groups in this field. The Committee shall work in cooperation with the President's Committee on Employment of People with Disabilities in order to carry out more effectively the purposes of this subchapter.

(b) [Repealed.]
21 V.S.A. § 384 — VT Code / Title 21 / Chapter 5 / Section 384
§ 384. Employment; wages
Status: in_force

(a)(1) Beginning on January 1, 2022, an employer shall not employ any employee at a rate of less than $12.55, and on each subsequent January 1, the minimum wage rate shall be increased by five percent or the percentage increase of the Consumer Price Index, CPI-U, U.S. city average, not seasonally adjusted, or successor index, as calculated by the U.S. Department of Labor or successor agency, rounded to one decimal point, for the 12 months preceding the previous September 1, whichever is smaller, but in no event shall the minimum wage be decreased. The minimum wage shall be rounded off to the nearest $0.01.

(2) An employer in the hotel, motel, tourist place, and restaurant industry shall not employ a service or tipped employee at a basic wage rate less than one-half the minimum wage. As used in this subdivision, “a service or tipped employee” means an employee of a hotel, motel, tourist place, or restaurant who customarily and regularly receives more than $120.00 per month in tips for direct and personal customer service.

(3) If the minimum wage rate established by the U.S. government is greater than the rate established pursuant to subdivision (1) of this subsection for any year, the minimum wage rate for that year shall be the rate established by the U.S. government.

(b) Notwithstanding subsection (a) of this section, an employer shall not pay an employee less than one and one-half times the regular wage rate for any work done by the employee in excess of 40 hours during a workweek. However, this subsection shall not apply to:

(1) Employees of any retail or service establishment. A “retail or service establishment” means an establishment 75 percent of whose annual volume of sales of goods or services, or of both, is not for resale and is recognized as retail sales or services in the particular industry.

(2) Employees of an establishment that is an amusement or recreational establishment, if:

(A) it does not operate for more than seven months in any calendar year; or

(B) during the preceding calendar year its average receipts for any six months of that year were not more than one-third of its average receipts for the other six months of the year.

(3) Employees of an establishment that is a hotel, motel, or restaurant.

(4) Employees of hospitals, public health centers, nursing homes, maternity homes, therapeutic community residences, and residential care homes as those terms are defined in Title 18, provided:

(A) the employer pays the employee on a biweekly basis; and

(B) the employer files an election to be governed by this section with the Commissioner; and

(C) the employee receives not less than one and one-half times the regular wage rate for any work done by the employee:

(i) in excess of eight hours for any workday; or

(ii) in excess of 80 hours for any biweekly period.

(5) Employees of a business engaged in the transportation of persons or property to whom the overtime provisions of the federal Fair Labor Standards Act do not apply. However, this subsection shall apply to all other employees of such businesses.

(6) Employees of a political subdivision of this State.

(7) State employees who are covered by the federal Fair Labor Standards Act.

(8) Permanent employees of the Vermont General Assembly.

(c) However, an employer may deduct from the rates required in subsections (a) and (b) of this section:

(1) the amounts for board, lodging, apparel, rent, or utilities paid or furnished; or

(2) other items or services or such other conditions or circumstances as may be usual in a particular employer-employee relationship.

(d) For the purposes of earned sick time, an employer shall comply with the provisions required under subchapter 4B of this chapter.
21 V.S.A. § 1633 — VT Code / Title 21 / Chapter 20 / Section 1633
§ 1633. Rights of the State
Status: in_force

Subject to the rights guaranteed by this chapter and subject to all other applicable laws and rules, nothing in this chapter shall be construed to interfere with the right of the State to:

(1) carry out the statutory mandate and goals of the Agency of Human Services and to utilize personnel, methods, and means in the most appropriate manner possible;

(2) with the approval of the Governor, take whatever action may be necessary to carry out the mission of the Agency of Human Services in an emergency situation;

(3) comply with federal and State laws and rules;

(4) enforce rules and regulatory processes;

(5) develop rules and regulatory processes that do not impair existing contracts, subject to the duty to bargain over mandatory subjects of bargaining and to the rulemaking authority of the General Assembly and the Human Services Board; and

(6) solicit and accept for use any grant of money, services, or property from the federal government, the State, or any political subdivision or agency of the State, including federal matching funds, and to cooperate with the federal government or any political subdivision or agency of the State in making an application for any grant.
21 V.S.A. § 228 — VT Code / Title 21 / Chapter 3 / Section 228
§ 228. Reports
Status: in_force

(a) Employers shall keep and file all reports and records required under the Act and any reports and records that the Commissioner or the Secretary of Human Services may require by rule.

(b) The Commissioner shall make such reports to the Secretary of the U.S. Department of Labor in such form and containing such information as the Secretary shall require.

(c)(1)(A) Each employer shall make, keep, preserve, and make available to the Secretary of the U.S. Department of Labor or the Secretary of the U.S. Department of Health and Human Services such records regarding the employer's activities relating to the Act as the Secretary of the U.S. Department of Labor, in cooperation with the Secretary of the U.S. Department of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of the Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this subdivision, such regulations may include provisions requiring employers to conduct periodic inspections.

(B) The Commissioner shall also adopt rules requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Code, including the provisions of applicable standards.

(2) The Commissioner, in cooperation with the Secretary, shall adopt rules requiring employees to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents that are required to be monitored or measured under section 224 of this subchapter. The rules shall provide employees or their representative with an opportunity to observe the monitoring or measuring, and to have access to the records thereof. The rules shall also make appropriate provision for each employee or former employee to have access to records relating to the employee's own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels that exceed those prescribed by an applicable occupational safety and health standard adopted under section 224 of this subchapter and shall inform any employee who is being thus exposed of the corrective action being taken.
21 V.S.A. § 656 — VT Code / Title 21 / Chapter 9 / Section 656
§ 656. Notice of injury and claim for compensation
Status: in_force

(a) A proceeding under the provisions of this chapter for compensation shall not be maintained unless a notice of the injury has been given to the employer as soon as practicable after the injury occurred, and unless a claim for compensation with respect to an injury has been made within six months after the date of the injury; or, in case of death, within six months after death, unless the claimant had made a claim for compensation prior to death.

(b) The date of injury, or in the case of occupational disease, the date of injurious exposure shall be the point in time when the injury or disease, and its relationship to the employment is reasonably discoverable and apparent. If that date occurs after the employee has ceased all employment, the employee shall be entitled to reasonable and necessary medical treatment necessitated by the injury and permanent partial or permanent total disability compensation based on the employee's average weekly wage at the time of the last work-related exposure.

(c) The notice and claim may be given or made by any person claiming to be entitled to compensation or by someone in the employee's behalf. If payments of compensation have been made voluntarily, the making of a claim within this period shall not be required. If the claim is denied after voluntary payments were made, the claimant shall commence proceedings under this chapter within six months from the date of denial.
21 V.S.A. § 1455 — VT Code / Title 21 / Chapter 17 / Section 1455
§ 1455. Revocation
Status: in_force

(a) The Commissioner may revoke approval of a plan for good cause. The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons for revocation.

(b) Good cause shall include violation of any criteria on which approval of the plan was based.

(c) The action may be taken at any time by the Commissioner on the Commissioner's own motion. The Commissioner shall review the operation of each qualified employer plan at least once during the first three months that the plan is in effect to ensure its compliance with the requirements of this subchapter. In addition, the Commissioner shall investigate any written complaint about the operation of the approved plan and determine in writing whether or not good cause exists for revocation. The determination to investigate is not appealable.

(d) An employer may appeal a revocation decision by the Commissioner and the appeal shall be treated as a contested case under the Administrative Procedure Act.