21 V.S.A. § 1320 — VT Code / Title 21 / Chapter 17 / Section 1320
§ 1320. Investigations; general powers
Status: in_force

(a)(1) The Commissioner is authorized to conduct investigations, secure and transmit information, make available services and facilities, and exercise the other powers provided pursuant to this chapter as the Commissioner deems necessary or appropriate to facilitate the administration of any unemployment compensation or public employment service law.

(2) The Commissioner is also authorized to accept and utilize information, services, and facilities made available to this State by any agency charged with the administration of any other unemployment compensation or public employment service law.

(3) To the extent permissible under the laws and constitution of the United States, the Commissioner of Labor is authorized to enter into or cooperate in arrangements under which facilities and services provided under this chapter and facilities and services provided under the unemployment compensation law of any foreign government may be utilized for the taking of claims and the payment of benefits under this chapter, or under a similar law of the foreign government.

(b) On request of an agency that administers an employment security law of another state or of a foreign government, and that has found in accordance with the provisions of its law that an individual is liable to repay benefits received under the law, the Commissioner may collect from the individual the amount of benefits to be refunded to the agency, and the amounts may be collected by civil action in the name of the Commissioner acting as agent for the agency.

(c) Records, with any necessary authentication of the records, required in the prosecution of any criminal action brought by another state or foreign government for misrepresentation to obtain benefits under the law of this State shall be made available to the agency administering the employment security law of the other state or foreign government for the purpose of the prosecution.

(d)(1) The Commissioner may begin and prosecute civil proceedings in any other state to collect contributions, penalties, and interest legally due under this chapter.

(2) The officials of other states that extend a like comity to this State may sue for the collection of contributions, interest, and penalties imposed by those other states, in the courts of this State. In any such case, the Commissioner of Labor may, through the Commissioner's legal assistant, begin and conduct the suit for the other state.

(3) The courts of this State shall recognize and enforce liability for those contributions, interest, and penalties imposed by other states that extend a like comity to this State.

(e) The Commissioner may enter into or cooperate in arrangements or reciprocal agreements with authorized agencies of other states by which:

(1) overpayments of benefits as determined under this chapter may be recovered by offset from benefits otherwise payable under the unemployment compensation law of another state; and

(2) overpayments of benefits as determined under the unemployment compensation law of another state may be recovered by offset from benefits otherwise payable under this chapter.
21 V.S.A. § 1321 — VT Code / Title 21 / Chapter 17 / Section 1321
§ 1321. Contributions; taxable wage base changes
Status: repealed

(a) Payment of contributions. Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter, with respect to wages paid for employment, as defined in subdivision 1301(6) of this subchapter, occurring during the calendar year, except as otherwise provided in this section. The contributions shall become due and be payable at times and in installments prescribed by the Board.

(b) Base of contributions. The term “wages” shall not include that part of remuneration that, after remuneration equal to $13,000.00 on January 1, 2011, and $16,000.00 on January 1, 2012, has been paid in a calendar year to an individual by an employer with respect to employment during a calendar year, unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund. After January 1, 2012, whenever the Unemployment Compensation Fund has a positive balance and all advances made to the State Unemployment Compensation Fund pursuant to Title XII of the Social Security Act have been repaid as of June 1, the base of contribution amount shall be adjusted on January 1 of the following year by the same percentage as any increase in the State annual average wage as calculated pursuant to subsection 1338(g) of this subchapter. When the unemployment contribution rate schedule established by subsection 1326(e) of this subchapter is reduced to schedule III, the base of contribution amount shall be reduced by $2,000.00 on January 1 of the following year and shall be adjusted annually thereafter on January 1 of the following year by the same percentage as any increase in the State annual average wage as calculated pursuant to subsection 1338(g) of this subchapter. When the unemployment contribution rate schedule established by subsection 1326(e) of this subchapter is reduced to schedule I, the base of contribution amount shall be reduced by $2,000.00 on January 1 of the following year and shall be adjusted annually thereafter on January 1 of the following year by the same percentage as any increase in the State annual average wage as calculated pursuant to subsection 1338(g) of this subchapter. For the purposes of this subsection:

(1) any employer who acquired the entire or a distinct and severable portion of the organization, trade, or business of an employer shall be treated as a single unit with its predecessor for the calendar year in which the acquisition occurs; and

(2) the term employment shall include service constituting employment under any unemployment compensation law of another state.

(c)(1) Financing benefits paid to employees of nonprofit organizations.

(A) Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this subsection (c).

(B) As used in this subsection (c), “nonprofit organization” means an organization, or group of organizations, described in Section 501(c)(3) of the U.S. Internal Revenue Code that is exempt from income tax under Section 501(a) of the Internal Revenue Code.

(2) Liability for contributions and election of reimbursement. Any nonprofit organization that, pursuant to subdivision 1301(5)(B)(i) of this chapter, is or becomes subject to this chapter shall pay contributions under the provisions of this section unless it elects, in accordance with this subsection, to pay to the Commissioner for the Unemployment Insurance Trust Fund an amount equal to the amount of regular benefits and of one-half of the extended benefits paid that is attributable to service in the employ of the nonprofit organization to individuals for weeks of unemployment that begin during the effective period of the election.

(A) [Repealed.]

(B) Any nonprofit organization that becomes subject to this chapter may elect to become liable for payments in lieu of contributions for a period of not less than 12 months by filing a written notice of its election with the Commissioner not later than 30 days immediately following the date of the determination that the organization is subject to this chapter.

(C) Any nonprofit organization that makes an election in accordance with subdivision (B) of this subdivision (c)(2) shall continue to be liable for payments in lieu of contributions until it files with the Commissioner a written notice terminating its election not later than 30 days prior to the beginning of the calendar year for which the termination shall first be effective.

(D) Any nonprofit organization that has been paying contributions under this chapter may elect to become liable for payments in lieu of contributions by filing with the Commissioner not later than 30 days prior to the beginning of any calendar year a written notice of election to become liable for payments in lieu of contributions. An election under this subdivision (c)(2)(D) shall not be terminable by the organization for that year and the next year.

(E) The Commissioner may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive.

(F) The Commissioner, in accordance with any applicable rules adopted by the Board, shall notify each nonprofit organization of any determination that the Commissioner makes with regard to its status as an employer and the effective date of any election that the organization makes and of any termination of an election. The determinations shall be subject to reconsideration and to appeal and review in accordance with the provisions of section 1337a of this title.

(3) Reimbursement payments. Payments in lieu of contributions shall be made in accordance with the provisions of this subdivision, including either subdivision (A) or (B).

(A) At the end of each calendar quarter, or at the end of any other period as determined by the Commissioner, the Commissioner shall bill each nonprofit organization, or group of nonprofit organizations, that has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during the quarter or other prescribed period that is attributable to service in the employ of the organization.

(B)(i) Each nonprofit organization that has elected payments in lieu of contributions may request permission to make payments as provided in this subdivision (c)(3)(B). Payment pursuant to the provisions of this subdivision (c)(3)(B) shall become effective upon approval of the Commissioner.

(ii) At the end of each calendar quarter, the Commissioner shall bill each nonprofit organization approved to make payments pursuant to the provisions of this subdivision (c)(3)(B) for an amount representing a percentage of its total payroll for the immediately preceding calendar year that the Commissioner determines to be appropriate based on the average benefit costs attributable to service in the employ of nonprofit organizations during the preceding calendar year. The Commissioner may determine a different rate for any organization that did not pay wages throughout the four calendar quarters of the preceding calendar year.

(iii) At the end of each calendar year, the Commissioner may modify the quarterly percentage of payroll thereafter payable by the nonprofit organization in order to minimize excess or insufficient payments.

(iv) At the end of each calendar year, the Commissioner shall determine whether the total of payments for the year made by a nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during the taxable year based on wages attributable to service in the employ of the organization. Each nonprofit organization whose total payments for the year are less than the amount determined shall be liable for payment of the unpaid balance to the Trust Fund in accordance with subdivision (C) of this subdivision (c)(3). If the total payments exceed the amount so determined for the taxable year, all or a part of the excess shall, at the election of the nonprofit organization, be refunded from the Trust Fund or retained in the Trust Fund as part of the payments that may be required for the next calendar year.

(C) Payment of any bill rendered under subdivision (2) of this subsection (c) or this subdivision (c)(3) shall be made not later than 30 days after the bill is mailed to the last known address of the nonprofit organization or is otherwise delivered to it unless there has been an application for redetermination by the Commissioner or a petition for hearing before a referee in accordance with subdivision (E) of this subdivision (c)(3).

(D) Payments made by any nonprofit organization under the provisions of this section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.

(E)(i) The amount due specified in any bill from the Commissioner shall be conclusive on the organization unless, not later than 30 days after the date of the bill, the organization files an application for reconsideration by the Commissioner, or a petition for a hearing before a referee, setting forth the grounds for the application or petition.

(ii) The Commissioner shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which an application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless, not later than 30 days after the date of the redetermination, the organization files a petition for a hearing before a referee setting forth the grounds for the petition.

(iii) Proceedings on the petition for a hearing before a referee on the amount of a bill rendered under this section or a redetermination of the amount shall be in accordance with the provisions of section 1331 of this title, and the decision of the referee shall be subject to the provisions of that section. Review of the decision of the referee by the Employment Security Board shall be in accordance with, and its decision shall be subject to, the provisions of section 1332 of this title.

(F) Any employer, including the State of Vermont, that makes payments in lieu of contributions under this section shall be subject to the provisions of sections 1314, 1322, 1328, 1329, 1334, and 1336 of this title as follows:

(i) The employer shall be liable for any reports required by the Commissioner pursuant to sections 1314 and 1322 of this title.

(ii) The employer shall be liable for any penalty imposed pursuant to sections 1314 and 1328 of this title.

(iii) The employer shall be liable for the same interest on past due payments pursuant to subsection 1329(a) of this title.

(iv) The employer shall be subject to a civil action for the collection of past due payments as if those payments were contributions pursuant to subsections 1329(b) and 1334(a) of this title.

(v) The employer shall be subject to actions for the collection of past due payments as if those payments were contributions pursuant to subsections 1329(c) and (d) and 1334(b) and (c) and section 1336 of this title; however, those provisions shall not apply to the State of Vermont.

(4) Authority to terminate elections. If any nonprofit organization is delinquent in making payments in lieu of contributions as required under this subsection, the Commissioner may terminate the organization's election to make payments in lieu of contributions as of the beginning of the next taxable year, and the termination shall be effective for that and the next taxable year.

(5) Allocation of benefit costs.

(A) Each employer that is liable for payments in lieu of contributions shall pay to the Commissioner for the Trust Fund the amount of regular benefits plus the amount of one-half of extended benefits paid that are attributable to service in the employ of the employer.

(B) If benefits paid to an individual are based on wages paid by more than one employer and one or more of the employers are liable for payments in lieu of contributions, the amount payable to the Trust Fund by each employer that is liable for payments in lieu of contributions shall be an amount that bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by the employer bear to the total base-period wages paid to the individual by all of the individual's base-period employers.

(6) Group accounts. Two or more employers that have become liable for payments in lieu of contributions, in accordance with the provisions of this section and section 1380 of this title, may file a joint application to the Commissioner for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of the employers. Each application shall identify and authorize a group representative to act as the group's agent for the purpose of this section. Upon approval of the application, the Commissioner shall establish a group account for the employers effective as of the beginning of the calendar quarter in which the Commissioner receives the application and shall notify the group's representative of the effective date of the account. The account shall remain in effect for not less than two years and thereafter until terminated at the discretion of the Commissioner or upon application by the group. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in the quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by the member in the quarter bear to the total wages paid during the quarter for service performed in the employ of all members of the group. The Board shall adopt rules as it deems necessary with respect to applications for establishment, maintenance, and termination of group accounts that are authorized by this subdivision, for addition of new members to, and withdrawal of active members from, such accounts, and for the determination of the amounts that are payable under this subsection by members of the group and the time and manner of the payments.

(7) [Repealed.]

(d) Financing benefits paid to employees of State. In lieu of contributions required of employers subject to this chapter, the State of Vermont, including State hospitals but excluding any State institution of higher education, shall pay to the Commissioner, for the Unemployment Compensation Trust Fund, an amount equal to the amount of benefits paid, including the full amount of extended benefits paid, attributable to service by individuals in the employ of the State. At the end of each calendar quarter, or at the end of any other period as determined by the Commissioner, the Commissioner shall bill the State for the amount of benefits paid during the quarter or other prescribed period that is attributable to service in the employ of the State. Subdivisions (c)(3)(C) through (3)(F), inclusive, and subdivisions (c)(5) and (6) of this section as they apply to nonprofit organizations shall also apply to the State of Vermont, except that the State shall be liable for all benefits paid, including the full amount of extended benefits paid, attributable to service in the employ of the State.

(e) Contributions paid by political subdivisions. Any municipality, any State institution of higher education, and any political or governmental subdivisions or instrumentalities of the State shall pay contributions, unless it elects to pay to the Commissioner for the Unemployment Compensation Trust Fund, an amount equal to the amount of benefits paid, including the full amount of extended benefits paid, attributable to service by individuals in the employ of the entity. Subsections (a) and (b) and subdivisions (c)(3)(C) through (3)(F), inclusive, and subdivisions (c)(4) through (6), inclusive, of this section as they apply to nonprofit organizations shall also apply to the entities designated in this subsection, except that these entities shall be liable for all benefits paid, including the full amount of extended benefits paid, attributable to service in the employ of these entities.

(1) Any entity designated in this subsection may elect to become liable for payments in lieu of contributions for a period of not less than one calendar year if it files with the Commissioner a written notice of its election within the 30-day period immediately following that date.

(2) Any entity designated in this subsection may elect to become liable for payments in lieu of contributions for a period of not less than one calendar year following the date on which it becomes subject to the provisions of this chapter by filing a written notice of its election with the Commissioner not later than 30 days immediately following the date of the determination of that subjectivity.

(3) Any entity designated in this subsection that makes an election in accordance with subdivisions (1) and (2) of this subsection will continue to be liable for payments in lieu of contributions until it files with the Commissioner a written notice terminating its election not later than 30 days prior to the beginning of the calendar year for which the termination shall first be effective.

(4) Any entity designated in this subsection that has been paying contributions under this chapter may change to a reimbursable basis by filing with the Commissioner not later than 30 days prior to the beginning of any calendar year a written notice of election to become liable for payments in lieu of contributions. The election shall not be terminable by the organization for that year and the next year.

(5) The Commissioner may for good cause extend the period within which a notice of election or a notice of termination must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid after the date that entity became subject to this chapter.

(6) The Commissioner shall notify each entity designated in this subsection of any determinations that the Commissioner makes regarding its status as an employer and of the effective date of any election that it makes and of any termination of that election. The determination shall be subject to reconsideration and to appeal and review in accordance with the provisions of section 1337a of this subchapter.

(f) Payments in lieu of contributions considered self-insuring. Any employer who makes payments in lieu of contributions under the provisions of this section is considered to be self-insuring and shall pay to the Commissioner for the Unemployment Compensation Trust Fund any amounts the Commissioner finds to be due under this chapter, including benefits paid but denied on appeal or benefits paid in error that cannot be properly charged either against another employer who makes payments in lieu of contributions or against the experience-rating record of another employer who pays contributions. Benefits improperly paid where repayment by the claimant is ordered pursuant to subsection 1347(a) or (b) of this title will be credited to the employer's account when repayment from the claimant is actually received by the Commissioner.
21 V.S.A. § 1344 — VT Code / Title 21 / Chapter 17 / Section 1344
§ 1344. Disqualifications
Status: repealed

(a) An individual shall be disqualified for benefits:

(1) For not more than 15 weeks nor less than six weeks immediately following the filing of a claim for benefits, in addition to any applicable waiting period, as may be determined by the Commissioner according to the circumstances in each case, if the Commissioner finds that:

(A) The individual has been discharged by the individual's last employing unit for misconduct connected with the individual's work.

(B) The individual was separated from the individual's last employing unit because the individual became unable to perform all or an essential part of the individual's normal duties in the employment without good cause attributable to the employing unit because of the consequences that flow from the individual's conviction for a felony or misdemeanor or from an action or order of a judge or court in any criminal or civil matter. In the event a conviction or the action or order of any judge or court in any criminal or civil matter is rescinded or expunged, the individual may be eligible for benefits from the time the individual would have otherwise been eligible for benefits.

(2) For any week benefits are claimed, except as provided in subdivision (3) of this subsection, until the individual has presented evidence to the satisfaction of the Commissioner that the individual has performed services in employment for a bona fide employer and has had earnings in excess of six times the individual's weekly benefit amount if the Commissioner finds that the individual is unemployed because:

(A) The individual left the employ of the individual's last employing unit voluntarily without good cause attributable to the employing unit. An individual shall not suffer more than one disqualification by reason of such separation. However, an individual shall not be disqualified for benefits if the individual left such employment to accompany a spouse who:

(i) is on active duty with the U.S. Armed Forces and is required to relocate due to permanent change of station orders, activation orders, or unit deployment orders, and when such relocation would make it impractical or impossible, as determined by the Commissioner, for the individual to continue working for such employing unit; or

(ii) holds a commission in the U.S. Foreign Service and is assigned overseas, and when such relocation would make it impractical or impossible, as determined by the Commissioner, for the individual to continue working for such employing unit.

(B) The individual has been discharged by the individual's last employing unit for gross misconduct connected with the individual's work. As used in this section, “gross misconduct” means conduct directly related to the employee's work performance that demonstrates a flagrant, wanton, and intentional disregard of the employer's business interest and that has direct and significant impact upon the employer's business interest, including theft, fraud, intoxication, intentional serious damage to property, intentional infliction of personal injury, any conduct that constitutes a felony, or repeated incidents after written warning of either unprovoked insubordination or public use of profanity. An individual shall not suffer more than one disqualification by reason of such separation.

(C) The individual has failed, without good cause, either to apply for available, suitable work when directed by the employment office or the Commissioner, or to accept suitable work when offered, or has during the course of a job interview for available employment made verbal statements that are either untrue, show an unreasonable lack of interest, or are calculated to preclude an offer of work or a directive being made, or to return to the individual's customary self-employment, if any, when directed by the Commissioner. An individual shall not suffer more than one disqualification for these causes.

(D) In determining whether or not any work or employment is suitable for an individual for purposes of this subdivision, the Commissioner shall consider the degree of risk involved to the individual's health, safety, and morals; the individual's physical fitness and prior training; the individual's experience and prior earnings; the individual's length of unemployment and prospects for securing local work in the individual's customary occupation; and the distance of the available work from the individual's residence.

(E) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

(i) if the position offered is vacant due directly to a strike, lockout, or other dispute;

(ii) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;

(iii) if, as a condition of being employed, the individual would be required to join a union or to resign from or refrain from joining any bona fide labor organization.

(F)(i) Notwithstanding any other provisions of this chapter:

(I) An otherwise eligible individual shall not be denied benefits for any week if the individual is in training approved under section 236(a)(1) of the Trade Act of 1974, 19 U.S.C. § 2296(a), or the individual is in approved training by reason of leaving work to enter training, provided the work left is not suitable employment as defined in section 236(e) of the Trade Act of 1974, 19 U.S.C. § 2296(e).

(II) An otherwise eligible individual shall not be denied benefits for any week because of the application to any week in approved training of provisions in this law, or any federal unemployment insurance law administered by the Department, relating to availability for work, active search for work, or refusal to accept work.

(ii) Benefits paid to an eligible claimant regularly attending a training course approved under the Trade Act of 1974, 19 U.S.C. § 2296(e), following a refusal of work or leaving of unsuitable work shall not be charged against the experience-rating record of any employer but shall be charged to the Fund.

(G) [Repealed.]

(H) [Repealed.]

(3) For not more than six weeks nor less than one week immediately following the filing of a claim for benefits (in addition to any applicable waiting period), as may be determined by the Commissioner according to the circumstances in each case, if the Commissioner finds that the individual has left the employ of the individual's last employing unit without good cause attributable to the employing unit because of a health condition, as certified by a health care provider, as defined in 18 V.S.A. § 9432(9), that precludes the discharge of duties inherent in such employment.

(4) For any week with respect to which the Commissioner finds that the individual's total or partial unemployment is due to a stoppage of work that exists because of a labor dispute at the factory, establishment, or other premises at which the individual is or was last employed, provided that this subdivision shall not apply if:

(A) the individual is not participating in or financing or directly interested in the labor dispute that caused the stoppage of work; or

(B) the stoppage of work was due solely to a lockout, effected by the employer in order to gain some concession from employees. A lockout does not include a temporary suspension of work in response to:

(i) actual or imminent damage to property of the employer; or

(ii) a purposeful effort by employees to reduce productivity.

(5) For any week with respect to which the individual is receiving or has received remuneration in the form of any of the following:

(A) Wages in lieu of notice.

(B) Vacation pay or holiday pay, provided that:

(i) Vacation pay due at time of separation in accordance with a work agreement (whether a formal contract or established custom) shall be allocated to the period immediately following separation, or if due subsequent to separation, it shall be allocated to the week in which due or the next following week, and that number of weeks immediately following as required to equal the total of the weeks of pay due. Any mutual agreement between the employer and employee(s) (whether or not payment is made), allocating such remuneration to any period during which work is performed, within four weeks prior to the date of separation, shall not be valid for the purpose of determining unemployment compensation entitlement or waiting period credit purposes and such payment shall be allocated to the period immediately following separation.

(ii) There shall be no disqualification amount for any holiday.

(C) Severance pay, back pay awards, and back pay settlements. These payments, awards, and settlements shall be allocated to the week(s) and in the manner as specified in the order or agreement, or, in the absence of such specificity, to the week(s) and in the manner that, in the judgment of the Commissioner, would be reasonable.

(D) Compensation for temporary partial disability or temporary total disability under the workers' compensation law of any state or under a similar law of the United States.

(E)(i) A pension under a plan maintained or contributed to by a base period or chargeable employer, which shall include a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment. The weekly benefit amount payable to an individual for the week in which the individual receives remuneration from a pension, retirement or retired pay, annuity, or similar payment shall be reduced, but not below zero:

(I) by the entire prorated weekly amount of the pension if no contributions to the plan were made by the individual;

(II) by no part of the pension if the entire contributions to the plan were provided by the individual, or by the individual and an employer, or any other person or organization; or

(III) by no part of the pension if the services performed by the individual during the base period, or remuneration received for the services, for the employer did not affect the individual's eligibility for, or increase the amount of, the pension, retirement or retired pay, annuity, or similar payment.

(ii) If the remuneration specified in this subdivision, after applying the provisions of this subdivision, is less than the benefits that would otherwise be due under this chapter, the individual shall be entitled to receive for the week, if otherwise eligible, benefits reduced by the amount of the remuneration, after applying the provisions of this subdivision, and after rounding the remuneration to the next higher dollar, and the provisions of subdivision 1301(9) and sections 1338a and 1339 of this title do not apply.

(F) [Repealed.]

(6) For any week with respect to which or a part of which the individual has received or is seeking to receive unemployment benefits under an unemployment compensation law of another state or of the United States, provided that if the appropriate agency of the other state or of the United States finally determines that the individual is not entitled to unemployment benefits, this disqualification shall not apply.

(b) In periods of “high level unemployment” an individual shall be disqualified for benefits for not more than 12 nor less than six consecutive weeks immediately following the filing of a claim for benefits, as may be determined by the Commissioner according to the circumstances, when it is found that the individual would otherwise be disqualified under the provisions of subdivision (a)(2)(A) of this section, and except that the disqualification provided by this subdivision shall terminate if an individual has performed service in any employment as provided by subdivision (a)(2) of this section.

(c) Notwithstanding any other provision of this chapter, any individual who has been disqualified for regular or extended benefits pursuant to the provisions of subdivision (a)(1) or (a)(3) of this section shall not be eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period unless the individual has been employed after the beginning date of such disqualification and has earned in excess of four times the individual's weekly benefit amount.
21 V.S.A. § 1384 — VT Code / Title 21 / Chapter 17 / Section 1384
§ 1384. Construction
Status: in_force

(a) This chapter is enacted in correlation with Titles III and IX of the Social Security Act, 42 U.S.C. chapter 7, and with the Federal Unemployment Tax Act, 26 U.S.C. chapter 23, and the expediency of certain provisions of this chapter depend upon the scope and operation within this State of the provisions of Titles III and IX of the Social Security Act and the Federal Unemployment Tax Act as set forth in this section.

(b) If the Federal Unemployment Tax Act is interpreted or extended to impose within this State a tax with respect to employing units having in their employ less than four persons, or with respect to employing units having in their employ individuals who are not now in “employment” as defined in subdivision 1301(6)(C) of this subchapter, the Governor by proclamation within 10 days of the effective date of the interpretation or extension shall issue a declaration that:

(1) the word “employer” and the words “individual in employment,” as used in this chapter include all employing units having in their employ the applicable smaller number of persons and the individuals in their employ; and

(2) all employing units having in their employ individuals who are newly defined as being in “employment” and the individuals in their employ.

(c) The affected persons shall be treated as individuals in the employ of the employer with respect to contributions and eligibility for benefits under this chapter.
21 V.S.A. § 1543 — VT Code / Title 21 / Chapter 19 / Section 1543
§ 1543. Appropriate unit; basis for determination
Status: in_force

(a) The Board shall decide in each case whether, in order to ensure the employees have the fullest freedom in exercising the rights guaranteed by this chapter, the unit appropriate for the purpose of collective bargaining is the employer unit, craft unit, plant unit, or a subdivision thereof. However, the Board shall not decide that:

(1) A unit is appropriate for those purposes if the unit includes both professional employees and employees who are not professional employees, unless a majority of the professional employees vote for inclusion in the unit.

(2) A craft unit is inappropriate for those purposes on the ground that a different unit has been established by an earlier determination of the Board unless a majority of the employees in the proposed craft unit vote against separate representation.

(3) A unit is appropriate for those purposes if it includes, together with other employees, an individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer's premises. However, no labor organization may be certified as the representative of employees in a bargaining unit of guards if it admits to membership, or is affiliated directly or indirectly with an organization which admits to membership employees other than guards.

(b) In determining whether a unit is appropriate for the purposes specified in subsection (a) of this section, the extent to which the employees have organized shall not be controlling.
21 V.S.A. § 471 — VT Code / Title 21 / Chapter 5 / Section 471
§ 471. Definitions
Status: in_force

As used in this subchapter:

(1) “Bereavement leave” means a leave of absence from employment or self-employment by an individual due to the death of the individual's family member that occurs not more than one year after the family member's death. Bereavement leave includes leave taken in relation to the administration or settlement of the deceased family member's estate. Leave taken in relation to the administration or settlement of the deceased family member's estate shall not occur more than one year after the family member's death.

(2) “Domestic partner” means an individual with whom the employee has an enduring domestic relationship of a spousal nature, provided the employee and the domestic partner:

(A) have shared a residence for at least six consecutive months;

(B) are at least 18 years of age;

(C) are not married to or considered a domestic partner of another individual;

(D) are not related by blood closer than would bar marriage under State law; and

(E) have agreed between themselves to be responsible for each other's welfare.

(3) “Domestic violence” has the same meaning as in 15 V.S.A. § 1151 and includes the definition of “abuse” in 15 V.S.A. § 1101.

(4) “Employer” means a person who for the purposes of parental leave, bereavement leave, safe leave, and leave for a qualifying exigency employs 10 or more individuals who are employed for an average of at least 30 hours per week during a year and for the purposes of family leave employs 15 or more individuals for an average of at least 30 hours per week during a year.

(5) “Employee” means a person who, in consideration of direct or indirect gain or profit, has been continuously employed by the same employer for a period of one year for an average of at least 30 hours per week or meets the service requirement set forth in 29 C.F.R. § 825.801.

(6) “Family leave” means a leave of absence from employment by an employee for one of the following reasons:

(A) the serious health condition of the employee; or

(B) the serious health condition of the employee's family member.

(7) “Family member” means:

(A) regardless of age, an employee's biological, adopted, or foster child; an employee's stepchild or legal ward; a child of the employee's spouse or civil union or domestic partner; or a child to whom the employee stands in loco parentis, regardless of legal documentation; an individual to whom the employee stood in loco parentis when the individual was under 18 years of age; or any individual for whom the employee provides caregiving responsibilities similar to those of a parent-child relationship;

(B)(i) a parent of an employee or an employee's spouse or civil union or domestic partner, regardless of whether the relationship to the employee or the employee's spouse or civil union or domestic partner is a biological, foster, adoptive, or step relationship;

(ii) a legal guardian of an employee or employee's spouse or civil union or domestic partner; or

(iii) a person who stands in loco parentis for the employee or who stood in loco parentis when the employee or employee's spouse or civil union or domestic partner was under 18 years of age;

(C) a person to whom the employee is legally married under the laws of any state or a civil union or domestic partner of an employee; or

(D) a grandparent, grandchild, or sibling of the employee or the employee's spouse or civil union or domestic partner, regardless of whether the relationship to the employee or the employee's spouse or civil union or domestic partner is a biological, foster, adoptive, or step relationship.

(8) “Health care provider” means a licensed health care provider or a health care provider as defined pursuant to 29 C.F.R. § 825.125.

(9) “In loco parentis” means a relationship in which an individual has day-to-day responsibilities to care for and support a child, regardless of biological or legal ties.

(10) “Parental leave” means a leave of absence from employment by an employee for one of the following reasons:

(A) the employee's pregnancy;

(B) the employee's recovery from childbirth or miscarriage;

(C) the birth of the employee's child and to care for or bond with the child within one year after the child's birth; or

(D) the initial placement of a child 18 years of age or younger with the employee for the purpose of adoption or foster care and to care for or bond with the child within one year after the placement for adoption or foster care.

(11) “Qualifying exigency” means a qualifying exigency identified pursuant to 29 C.F.R. § 825.126 that is related to active duty service by a family member in the U.S. Armed Forces.

(12) “Safe leave” means a leave of absence from employment by an employee because:

(A) the employee or the employee's family member is a victim or alleged victim of domestic violence, sexual assault, or stalking;

(B) the employee is using leave for one of the following reasons related to domestic violence, sexual assault, or stalking:

(i) to seek or obtain medical care, counseling, or social or legal services, either for themselves or for a family member;

(ii) to recover from injuries;

(iii) to participate in safety planning, either for themselves or for a family member;

(iv) to relocate or secure safe housing, either for themselves or for a family member;

(v) to respond to a fatality or near fatality related to domestic violence, sexual assault, or stalking, either for themselves or for a family member; or

(vi) to meet with a State's Attorney or law enforcement officer, either for themselves or for a family member; and

(C) the employee is not the perpetrator or alleged perpetrator of the domestic violence, sexual assault, or stalking.

(13) “Serious health condition” means:

(A) an accident, illness, injury, disease, or physical or mental condition that:

(i) poses imminent danger of death;

(ii) requires inpatient care in a hospital, hospice, or residential medical care facility; or

(iii) requires continuing treatment by a health care provider; or

(B) rehabilitation from an accident, illness, injury, disease, or physical or mental condition described in subdivision (A) of this subdivision (13), including treatment for substance use disorder.

(14) “Sexual assault” has the same meaning as in 12 V.S.A. § 5131.

(15) “Stalking” has the same meaning as in 12 V.S.A. § 5131.

(16) “U.S. Armed Forces” means:

(A) the U.S. Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard;

(B) a reserve component of the U.S. Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; or

(C) the National Guard of any state.
21 V.S.A. § 495b — VT Code / Title 21 / Chapter 5 / Section 495b
§ 495b. Penalties and enforcement
Status: in_force

(a)(1) The Attorney General or a State's Attorney may enforce the provisions of this subchapter 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 an unlawful employment practice were an unfair act in commerce. Any employer, employment agency, or labor organization complained against shall have the same rights and remedies as specified in 9 V.S.A. §§ 2458–2461. The Superior Courts are authorized to impose the same civil penalties and investigation costs and to order other relief to the State of Vermont or an aggrieved employee for violations of this subchapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Courts may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.

(2) Any charge or formal complaint filed by the Attorney General or a State's Attorney against a person for unlawful discrimination or sexual harassment in violation of the provisions of this chapter shall include a statement setting forth the prohibition against retaliation pursuant to subdivision 495(a)(8) of this title.

(b) Any person aggrieved by a violation of the provisions of this subchapter may bring an action in Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief.

(c) Any employer who violates the provisions of subdivision 495(a)(7) of this title shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies available under this section.
21 V.S.A. § 497e — VT Code / Title 21 / Chapter 5 / Section 497e
§ 497e. Funds; revenue; use
Status: in_force

(a) The Chair of the Governor's Committee on Employment of People with Disabilities or the Chair's designated representative may authorize or sponsor fund-raising events and the revenue from the events shall be placed in the account of the Governor's Committee on Employment of People with Disabilities.

(b) The Chair or the Chair's designated representative may authorize the sale of products that relate to Vermonters with disabilities and the revenue from such sales shall be placed in the account of the Governor's Committee on Employment of People with Disabilities.

(c) The funds credited to the Governor's Committee on Employment of People with Disabilities shall remain in the special account from year to year and shall not be put back into the General Fund.

(d) The Governor's Committee on Employment of People with Disabilities is also authorized to receive and keep in its account any gifts, grants, or donations.

(e) The account shall be used in accordance with any of the purposes of the Governor's Committee on Employment of People with Disabilities program or activities, as established in this subchapter.
21 V.S.A. § 495n — VT Code / Title 21 / Chapter 5 / Section 495n
§ 495n. Sexual harassment complaints; notice to Attorney General and Human Rights Commission
Status: in_force

(a) A person that files a claim of sexual harassment pursuant to section 495b of this subchapter in which neither the Attorney General nor the Human Rights Commission is a party shall provide notice of the action to the Attorney General and the Human Rights Commission within 14 days after filing the complaint. The notice may be submitted electronically and shall include a copy of the filed complaint.

(b)(1) Upon receiving notice of a complaint in which the State is a party, the Human Rights Commission may elect to:

(A) intervene in the action to seek remedies pursuant to section 495b of this subchapter; or

(B) without becoming a party to the action, file a statement with the court addressing questions of law related to the provisions of this subchapter.

(2) Upon receiving notice of a complaint in which the State is not a party, the Attorney General may elect to:

(A) intervene in the action to seek remedies pursuant to section 495b of this subchapter; or

(B) without becoming a party to the action, file a statement with the court addressing questions of law related to the provisions of this subchapter.
21 V.S.A. § 1353 — VT Code / Title 21 / Chapter 17 / Section 1353
§ 1353. Collateral use prohibited
Status: in_force

Any determination, redetermination, finding of fact, conclusion of law, decision, final order, or final judgment entered or made by a claims adjudicator or other authorized representative of the Commissioner, an appeals referee, the Employment Security Board, or a court of competent jurisdiction in any type of proceeding under this chapter is binding only between the Department and all parties in that proceeding and is not binding, conclusive, or admissible in any separate or subsequent action between an individual and his or her present or former employer brought before an arbitrator, court, or judge of this State or of the United States, regardless of whether the prior proceeding was between the same or related parties or involved the same facts.
21 V.S.A. § 1314a — VT Code / Title 21 / Chapter 17 / Section 1314a
§ 1314a. Quarterly wage reporting; misclassification; penalties
Status: in_force

(a)(1) Each employing unit that is an employer that has individuals in employment as defined in subdivision 1301(6) of this chapter shall file with the Commissioner on forms supplied by the Commissioner a detailed wage report for each calendar quarter that contains each individual worker's name, Social Security number, gross wages paid during each calendar quarter, and any other information the Commissioner deems necessary in the administration of this chapter.

(2) In addition to other information required by this section, the wage reports required by this subsection shall include for each worker paid by the hour the worker's gender and the worker's hourly wage.

(b) Reports required by subsection (a) of this section shall be filed with the Commissioner by the last day of the calendar month following the calendar quarter for which the report is submitted.

(c) An employing unit that is not an employer shall, upon request of the Commissioner, submit reports on forms furnished by the Commissioner regarding employment, wages, hours of employment, unemployment, and related matters that the Commissioner deems necessary in the administration of this chapter.

(d) Reports required by subsection (c) of this section shall be submitted to the Commissioner not later than 10 calendar days after the date the Commissioner's request was sent electronically or mailed to the employing unit.

(e) On request of the Commissioner, any employing unit or employer shall report, within 10 days after the mailing, electronic delivery, or personal delivery of the request, separation information for a claimant, any disqualifying income the claimant may have received, and any other information that the Commissioner may require to determine the claimant's eligibility for unemployment compensation. The Commissioner shall make a request when:

(1) the claimant's eligibility is dependent upon:

(A) wages paid during an incomplete calendar quarter in which the claimant was separated; or

(B) the last completed quarter; and

(2) obtaining the information will result in more timely benefit payments.

(f)(1) Any employing unit or employer that fails to:

(A) File a report required by this section shall be subject to an administrative penalty of $100.00 for each report not received by the prescribed due dates.

(B) Properly classify an individual regarding the status of employment shall be subject to an administrative penalty of not more than $5,000.00 for each improperly classified employee. In addition, an employer found to have violated this section is prohibited from contracting, directly or indirectly, with the State or any of its subdivisions for up to three years following the date the employer was found to have failed to properly classify, as determined by the Commissioner in consultation with the Commissioner of Buildings and General Services or the Secretary of Transportation, as appropriate. Either the Secretary or the Commissioner, as appropriate, shall be consulted in any appeal relating to prohibiting the employer from contracting with the State or its subdivisions.

(2)(A) Penalties under this subsection (f) shall be collected in the same manner as contributions under section 1329 of this title and shall be paid into the Contingent Fund established in section 1365 of this title.

(B) If the employing unit demonstrates that its failure was due to a reasonable cause, the Commissioner may waive or reduce the penalty.

(g)(1) Notwithstanding any other provisions of this section, the Commissioner may, where practicable, require any employing unit to file the reports required pursuant to subsections (a) through (d) of this section, or any departmental registration required prior to submitting the reports required by this section, in an electronic media form.

(2) The Commissioner may waive the requirement that an employing unit submit a report in an electronic media form if the employing unit attests that it is unable to file the required report in that form.
21 V.S.A. § 303 — VT Code / Title 21 / Chapter 5 / Section 303
§ 303. Penalty; judicial bureau
Status: in_force

Any employer who violates the provisions of this subchapter shall be assessed a civil penalty of not more than $100.00 for each and every violation.
21 V.S.A. § 1035 — VT Code / Title 21 / Chapter 12 / Section 1035
§ 1035. Financial responsibility
Status: in_force

(a) Evidence of financial responsibility shall include an audited financial statement, prepared in accordance with generally accepted accounting principles, that demonstrates that the applicant has an adjusted net worth of at least $100,000.00 or five percent of liabilities, whichever is greater. The statement shall have been prepared within six months of the date of application by an independent certified public accountant licensed in this State.

(b) The Commissioner may audit a licensee's financial condition if the Commissioner determines that the licensee's financial responsibility is in question. The Commissioner may contract for the audit and charge the licensee a fee that shall not exceed the actual cost of performing the audit.

(c) Financial information submitted to the Commissioner by an applicant or licensee shall be confidential and shall not be available for public inspection. Nothing in this section shall be construed to restrict the Commissioner from sharing this information with the Attorney General, the Department of Financial Regulation, the Department of Labor, the Department of Taxes, the Secretary of State, or the U.S. Internal Revenue Service.
21 V.S.A. § 647 — VT Code / Title 21 / Chapter 9 / Section 647
§ 647. Period of payment
Status: in_force

Payments pursuant to section 646 of this chapter shall not continue after the injured employee's temporary partial disability ends.
21 V.S.A. § 1360 — VT Code / Title 21 / Chapter 17 / Section 1360
§ 1360. Treasurer
Status: in_force

The Commissioner shall designate a treasurer of the Fund, who shall pay all vouchers duly drawn upon the Fund, in such manner as the Commissioner may prescribe. He or she shall have custody of all monies belonging to the Fund and not otherwise held or deposited or invested pursuant to this chapter. The treasurer shall give bond conditioned on the faithful performance of his or her duties as treasurer of the Fund in an amount specified by the Commissioner and approved by the Governor. All premiums upon bonds required pursuant to this section when furnished by an authorized surety company shall be paid from the Unemployment Compensation Administration Fund. The treasurer shall deposit the monies constituting the Fund, under the supervision and control of the Commissioner, according to the provisions of this chapter.
21 V.S.A. § 1635 — VT Code / Title 21 / Chapter 20 / Section 1635
§ 1635. Election; bargaining unit
Status: in_force

(a) Petitions and elections shall be conducted pursuant to the procedures provided in 3 V.S.A. §§ 941 and 942, except that only one bargaining unit shall exist for independent direct support providers, and the exclusive representative shall be the exclusive representative for the purpose of grievances.

(b) A representation election for independent direct support providers conducted by the Board shall be by mail ballot.

(c) The bargaining unit for purposes of collective bargaining pursuant to this chapter shall be one statewide unit of independent direct support providers. Eligible independent direct support providers shall have the right to participate in a representation election but shall not have the right to vote on or otherwise determine the collective bargaining unit. Eligible independent direct support providers shall all be independent direct support providers who have been paid for providing home- and community-based services within the previous 180 days.

(d) At least quarterly the State shall compile and maintain a list of names and addresses of all independent direct support providers who have been paid for providing home- and community-based services to service recipients within the previous 180 days. The list shall not include the names of any recipient, or indicate that an independent direct support provider is a relative of a recipient or has the same address as a recipient. The State shall, upon request, provide within seven days the most recent list of independent direct support providers in its possession to any organization which has as one of its primary purposes the collective bargaining representation of independent direct support providers in their relations with State or other public entities. This obligation shall include providing the most recent list, upon request, to any labor organization certified as the exclusive representative under this chapter.
21 V.S.A. § 507 — VT Code / Title 21 / Chapter 5 / Section 507
§ 507. Whistleblower protection; health care employees; prohibitions; hearing; notice
Status: in_force

(a) As used in this subchapter:

(1) The “American Nurses Credentialing Center (ANCC)” means the national organization that developed the Magnet Recognition Program. The Magnet Recognition Program recognizes excellence in nursing services and is based on quality indicators and standards of nursing practice as defined in the American Nurses Association's Scope and Standards for Nurse Administrators. The ANCC has the authority to designate “Magnet” status to hospitals that have demonstrated their current and ongoing commitment to excellence in nursing practice.

(2) “Employee” means any person who performs services for wages or other remuneration under the control and direction of any public or private employer.

(3) “Employer” means:

(A) a hospital as defined in 18 V.S.A. § 1902(1); or

(B) a nursing home as defined in 33 V.S.A. § 7102(7).

(4) “Improper quality of patient care” means any practice, procedure, action, or failure to act of an employee or employer that violates any provisions of the Nurse Practice Act, codes of ethics, hospital policies, or any other established standards of care related to public or patient health or safety.

(5) “Law” means any law, rule, or regulation duly enacted or adopted by this State, a political subdivision of this State, or the United States.

(6) “Public body” means:

(A) the U.S. Congress, any state legislature, or any popularly elected local government body, or any member or employee thereof;

(B) any federal, State, or local judiciary, or any member or employee thereof, or any jury;

(C) any federal, State, or local regulatory, administrative, or public agency or authority, or instrumentality thereof;

(D) any federal, State, or local law enforcement agency, prosecutorial office, or police or peace officer; or

(E) any division, board, bureau, office, committee, or commission of any of the public bodies described in this subdivision.

(7) “Retaliatory action” means discharge, threat, suspension, demotion, denial of promotion, discrimination, or other adverse employment action regarding the employee's compensation, terms, conditions, location, or privileges of employment.

(8) “Supervisor” means any person who has the authority to direct and control the work performance of an employee.

(b) No employer shall take retaliatory action against any employee because the employee does any of the following:

(1) Discloses or threatens to disclose to any person or entity any activity, policy, practice, procedure, action, or failure to act of the employer or agent of the employer that the employee reasonably believes is a violation of any law or that the employee reasonably believes constitutes improper quality of patient care.

(2) Provides information to, or testifies before, any public body conducting an investigation, a hearing, or an inquiry that involves allegations that the employer has violated any law or has engaged in behavior constituting improper quality of patient care.

(3) Objects to or refuses to participate in any activity, policy, or practice of the employer or agent that the employee reasonably believes is in violation of a law or constitutes improper quality of patient care.

(c) Subdivisions (b)(1) and (3) of this section shall not apply unless an employee first reports the alleged violation of law or improper quality of patient care to the employer, supervisor, or other person designated by the employer to address reports by employees of improper quality of patient care, and the employer has had a reasonable opportunity to address the violation. The employer shall address the violation under its compliance plan, if one exists. The employee shall not be required to make a report under this subsection if the employee reasonably believes that doing so would be futile because making the report would not result in appropriate action to address the violation.

(d) Nothing in this subchapter shall be deemed to diminish the rights, privileges, or remedies of any employee under any law or under any collective bargaining agreement or employment contract.
21 V.S.A. § 690 — VT Code / Title 21 / Chapter 9 / Section 690
§ 690. Certificate, form; copy of policy
Status: in_force

(a) An employer subject to the provisions of this chapter who has workers' compensation insurance coverage pursuant to section 687 or 689 of this title shall file with the Commissioner a certificate of the insurance in a form prescribed by the Commissioner. The certificate shall include the policy number, effective date, date of expiration, operations covered, and such other information the Commissioner requests. The certificate shall be signed by a duly authorized representative of the insurance or guarantee company that issued the insurance coverage. Upon request, the insurance or guarantee company shall file with the Commissioner a copy of the contract or policy of insurance issued.

(b)(1) In addition to any other authority provided to the Commissioner pursuant to this chapter, the Commissioner may issue a written request to an employer subject to the provisions of this chapter to provide a workers' compensation compliance statement on a form provided by the Commissioner. For the purposes of this subsection, an employer includes subcontractors and independent contractors. The form shall require all the following information sorted by job site:

(A) The number of employees employed during the entire current workers' compensation policy term or the previous year if no policy was in effect or partially in effect prior to the request and the effective dates of the term of any policies in effect.

(B) The total number of hours for which compensation was paid.

(C) A list of all subcontractors and 1099 workers and their function on the job site for the period in question.

(D) The name of the workers' compensation insurance carrier, the policy number, and the agent, if any.

(E) As an attachment, the insurance policy declaration pages, including how much payroll the policy is covering and a designation of the hours that provide the basis of the appropriate National Council on Compensation Insurance classification code.

(2) Any employer who fails to comply with this subsection or falsifies information on the compliance statement may be assessed an administrative penalty of not more than $5,000.00 for each week during which the noncompliance or falsification occurred and any costs and attorney's fees required to enforce this subsection. The Commissioner may also seek injunctive relief in Washington Superior Court.

(3) A compliance statement shall be a public record, and the Commissioner shall provide a copy of a compliance statement to any person on request. An insurance company provided with a compliance statement may investigate the information in the statement. Based on evidence that an employer is not in compliance with this chapter, the Commissioner shall request a compliance statement or an amended compliance statement from the employer, investigate further, and take appropriate enforcement action.

(4) In the event the Commissioner receives a request for an employer to provide a compliance statement but finds no evidence of noncompliance with this chapter, the Commissioner shall provide timely notification of the findings to the requesting party.
21 V.S.A. § 700 — VT Code / Title 21 / Chapter 9 / Section 700
§ 700. Examination of policy
Status: in_force

At the request of a holder of a policy of workers' compensation insurance, the Commissioner of Financial Regulation shall examine the policy to determine whether the proper assignment has been made as to classification, rates, and advance premium charged.
21 V.S.A. § 1113 — VT Code / Title 21 / Chapter 13 / Section 1113
§ 1113. Vermont Registered Apprenticeship Program
Status: in_force

(a) Purpose.

(1) The Vermont Registered Apprenticeship Program shall develop and regulate apprenticeship programs, pre-apprenticeship, and youth apprenticeship programs that are industry-driven, high-quality career pathways in partnership with employers to attract, train, and develop talent.

(2) The Vermont Registered Apprenticeship Program shall coordinate with State and local workforce development entities that serve individuals seeking employment and shall partner with State and local education and economic development leaders to expand the use of apprenticeship programs as a workforce and economic development strategy.

(b) Administration. The Vermont Registered Apprenticeship Program shall be administered by the Department and shall employ a Director of Apprenticeship who shall serve as the primary point of contact with the federal Office of Apprenticeship and who shall have overall responsibility for the administration of the Vermont Registered Apprenticeship Program.

(c) Operation. The Vermont Registered Apprenticeship Program shall:

(1) develop, register, monitor, and maintain records of program standards for apprenticeship programs, pre-apprenticeship programs, and youth apprenticeship programs;

(2) promote and provide technical support to employers, sponsors, education and training providers, workforce and economic development providers, jobseekers, and apprentices related to apprenticeship programs;

(3) develop and support strategies that promote diversity, equity, accessibility, and inclusion in apprenticeship programs;

(4) expand the number of apprenticeship programs and opportunities to meet employer and worker needs;

(5) administer apprenticeship programs and apprenticeship agreements, including issuing certificates of program registration, certificates of completion, interim credentials, and apprentice registration cards to comply with intra-and interstate requirements;

(6) maintain a publicly available list and information about apprenticeship programs and sponsors;

(7) determine, evaluate, and approve standards for the registration of an apprenticeship program;

(8) perform quality assurance assessments and monitor programs;

(9) maintain records related to program registration and deregistration, apprentices enrollment and completion, compliance reviews and investigations, and any other matters required by State or federal law;

(10) report on program outcomes;

(11) deregister programs that are not in compliance with the requirements of this chapter;

(12) develop and submit regular strategic and implementation plans, including the State Plan for Equal Employment Opportunity in Apprenticeship, as required by 29 C.F.R. Part 30;

(13) promote and develop reciprocity agreements with other states to support the recognition of apprenticeship programs and enable portability of credentials;

(14) assist in the adoption and implementation of National Guideline Standards or National Program Standards;

(15) coordinate alignment in apprenticeship program development and implementation with employers, sponsors, education and training providers, and other stakeholders; and

(16) maximize available State and federal funding to expand the availability of apprenticeship programs to Vermont employers and workers.

(d) Powers and duties.

(1) The Commissioner shall:

(A) adopt rules to implement the Vermont Registered Apprenticeship Program, ensuring that it complies with State law and federal regulations;

(B) promote equality of opportunity in apprenticeship programs pursuant to the State Plan for Equal Employment Opportunity in Apprenticeship as required by 29 C.F.R. Part 30;

(C) support the integration of apprenticeship programs into the education, workforce, and economic development systems in the State;

(D) establish journey-worker to apprentice ratios and procedures for variance requests for ratios in accordance with section 1116, ratios, of this title, except that the ratio in youth apprenticeship programs shall not exceed 1:1;

(E) safeguard the rights of employers and apprentices engaged in an apprenticeship program; and

(F) direct the distribution of funds to support apprentices and apprenticeship programs.

(2) The Director shall:

(A) advise the Commissioner on the adoption of rules concerning the Vermont Registered Apprenticeship Program;

(B) approve new apprenticeable occupations in consultation with the Board;

(C) approve and oversee the development, registration, monitoring, and maintenance of program standards for apprenticeship, pre-apprenticeship, and youth apprenticeship programs; and

(D) approve and oversee the registration of apprentices, maintenance of apprenticeship agreements, and issue certificates of completion and interim credentials.

(e) Strategic planning and reporting. The Vermont Registered Apprenticeship Program shall:

(1) develop and disseminate a strategic plan once every five years, beginning on July 1, 2024;

(2) prepare and submit to the Vermont General Assembly an annual report on the status of the Vermont Registered Apprenticeship Program on or before December 1 of each year that includes:

(A) general program statistics, including a list of programs by county;

(B) an analysis of apprentices in the program disaggregated by age, race, sex, gender identity, New American status, Veteran status, disability, industry, and education status, including participation in career and technical education;

(C) nontraditional occupations by gender and race;

(D) new occupations approved;

(E) an analysis of the average starting and ending wage by occupation;

(F) new sponsors, employers, or industries involved with programs over the previous period;

(G) a summary of how allocated funds were used and analysis of the impact of those funds; and

(H) summary of significant activities of the program.
21 V.S.A. § 1340a — VT Code / Title 21 / Chapter 17 / Section 1340a
§ 1340a. Self-Employment Assistance Program
Status: in_force

(a) As used in this section:

(1) “Full-time basis” means that the individual is devoting the necessary time as determined by the Commissioner to establish a business that will serve as a full-time occupation for that individual.

(2) “Regular benefits” shall have the same meaning as in subdivision 1421(5) of this title.

(3) “Self-employment assistance activities” means activities approved by the Commissioner in which an individual participates for the purpose of establishing a business and becoming self-employed, including entrepreneurial training, business counseling, and technical assistance.

(4) “Self-employment assistance allowance” means an allowance payable in lieu of regular benefits from the Unemployment Compensation Trust Fund to an individual who meets the requirements of this section.

(5) “Self-Employment Assistance Program” means the program under which an individual who meets the requirements of subsection (d) of this section is eligible to receive an allowance in lieu of regular benefits for the purpose of assisting that individual in establishing a business and becoming self-employed.

(b) The weekly amount of the self-employment assistance allowance payable to an individual shall be equal to the weekly benefit amount for regular benefits otherwise payable pursuant to this title.

(c) The maximum amount of the self-employment assistance allowance paid pursuant to this section shall not exceed the maximum amount of benefits established pursuant to section 1340 of this title with respect to any benefit year.

(d)(1) An individual may receive a self-employment assistance allowance if that individual:

(A) is eligible to receive regular benefits or would be eligible to receive regular benefits except for the requirements described in subdivisions (2)(A) and (B) of this subsection (d);

(B) is identified by a worker profiling system as an individual likely to exhaust regular benefits;

(C) has received the approval of the Commissioner to participate in a program providing self-employment assistance activities;

(D) is engaged actively on a full-time basis in activities that may include training related to establishing a business and becoming self-employed; and

(E) has filed a weekly claim for the self-employment assistance allowance and provided the information the Commissioner requires.

(2) A self-employment allowance shall be payable to an individual at the same interval, on the same terms, and subject to the same conditions as regular benefits pursuant to this chapter, except:

(A) the requirements of section 1343 of this title, relating to availability for work, efforts to secure work, and refusal to accept work, are not applicable to the individual; and

(B)(i) the individual is not considered to be self-employed pursuant to subdivision 1301(24) of this title;

(ii) an individual who meets the requirements of this section shall be considered to be unemployed pursuant to section 1338 of this title; and

(iii) an individual who fails to participate in self-employment assistance activities or who fails to engage actively on a full-time basis in activities, including training, relating to the establishment of a business and becoming self-employed shall be disqualified from receiving an allowance for the week in which the failure occurs.

(e) The self-employment assistance allowance may be paid to up to 35 qualified individuals at any time, provided that the number of qualified individuals receiving a self-employment assistance allowance at any time shall not exceed five percent of the total number of individuals receiving regular benefits at that time.

(f)(1) The self-employment assistance allowance shall be charged to the Unemployment Compensation Trust Fund.

(2) In the event that the self-employment assistance allowance cannot be charged to the Unemployment Compensation Trust Fund pursuant to subdivision (1) of this subsection, the allowance shall be charged in accordance with section 1325 of this title.

(g) The Commissioner may approve a program upon determining that it will provide self-employment assistance activities to qualified individuals.

(h)(1) The Commissioner shall adopt rules to implement this section.

(2) The rules adopted pursuant to this subsection shall include a detailed explanation of how an individual may apply for and establish eligibility for the Self-Employment Assistance Program and any criteria that the Commissioner will consider in determining whether to approve a program.

(i) The Commissioner may suspend the Self-Employment Assistance Program with approval of the Secretary of Administration and notice to the House Committee on Commerce and Economic Development and the Senate Committee on Finance in the event that the Program presents unintended adverse consequences to the Unemployment Compensation Trust Fund.

(j) The Self-Employment Assistance Program may not result in any cost to the Unemployment Trust Fund in excess of the cost that would be incurred by the State and charged to the Fund if the Program were not in operation.
21 V.S.A. § 1315 — VT Code / Title 21 / Chapter 17 / Section 1315
§ 1315. State-federal cooperation
Status: in_force

In the administration of this chapter, the Commissioner shall:

(1) cooperate with the Secretary of Labor to the fullest extent consistent with the provisions of this chapter;

(2) make reports, in a form and containing information required by the Secretary of Labor;

(3) comply with any provisions the Secretary of Labor deems necessary to ensure the correctness and verification of the reports; and

(4) comply with the regulations prescribed by the Secretary of Labor governing the expenditures of sums allotted and paid to the State under 42 U.S.C. chapter 7, subchapter III for the purpose of assisting in the administration of this chapter.
21 V.S.A. § 642a — VT Code / Title 21 / Chapter 9 / Section 642a
§ 642a. Temporary total; insurer review
Status: in_force

The employer shall review every claim for temporary total disability benefits that continues for more than 104 weeks. Not later than 30 days after 104 weeks of continuous temporary total disability benefits have been paid, the employer shall file with the Department and the claimant a medical report from a physician that evaluates the medical status of the claimant, the expected duration of the disability, and when or if the claimant is expected to return to work. If the evaluating physician concludes that the claimant has reached a medical end result, the employer shall file a notice to discontinue.
21 V.S.A. § 345 — VT Code / Title 21 / Chapter 5 / Section 345
§ 345. Nonpayment of wages and benefits
Status: in_force

(a) An employer who violates section 342, 343, 482, or 483 of this title shall be fined not more than $5,000.00. If the employer is a corporation, the president or other officers who have control of the payment operations of the corporation shall be considered employers and liable to the employee for actual wages due when the officer has willfully and without good cause participated in knowing violations of this subchapter.

(b) In addition to any other penalty or punishment prescribed by law, any employer who, pursuant to an oral or written employment agreement, is required to provide benefits to an employee shall be liable to the employee for actual damages caused by the failure to pay for the benefits, and where the failure to pay is knowing and willful and continues for 30 days after the payments are due shall be assessed a civil penalty by the Commissioner of not more than $5,000.00.

(c) The Commissioner may enforce collection of the penalties assessed under this section in the Civil Division of the Superior Court.
21 V.S.A. § 1359 — VT Code / Title 21 / Chapter 17 / Section 1359
§ 1359. Administration of Unemployment Compensation Trust Fund
Status: in_force

(a) The Fund shall be administered in trust and used solely to pay benefits and refunds upon vouchers drawn on the Fund by the Commissioner pursuant to this chapter and to such rules as the Board is authorized to adopt, except that money credited to this State's account under 42 U.S.C. § 1103 shall be used exclusively as provided in subsection (d) of this section.

(b) There shall be maintained within the Fund three separate fund accounts:

(1) a clearing account;

(2) an Unemployment Trust Fund account; and

(3) a benefit account.

(c) All monies payable to the Fund shall be immediately deposited in the clearing account upon receipt, and, after clearance shall, except that the monies may be expended for the payment of refunds under this chapter, be deposited immediately with the U.S. Secretary of the Treasury to the credit of the Unemployment Trust Fund account of the State of Vermont in the Unemployment Trust Fund established and maintained pursuant to the Social Security Act, as amended. The Commissioner shall requisition from the Vermont Unemployment Trust Fund account amounts that are necessary for and to be used solely in the payment of benefits and refunds under this chapter. The requisitioned sums shall be deposited in the benefit account. Any monies so withdrawn shall not be used for expenses of administration or any purpose other than the payment of benefits and refunds under this chapter. Requirements with respect to specific appropriation or other formal release by State officers of monies belonging to the State shall not be applicable to withdrawals from the Fund.

(d) Money credited to the account of this State in the Unemployment Trust Fund by the U.S. Secretary of the Treasury:

(1) May not be requisitioned from this State's account or used except for the payment of benefits and for the payment of expenses incurred for the administration of this chapter. The money may be requisitioned under subsection (a) of this section for the payment of benefits. That money may also be requisitioned and used for the payment of expenses incurred for the administration of this chapter but only under a specific appropriation by the General Assembly and only if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law that:

(A) specifies the purpose for which the money is appropriated and the amount appropriated for that purpose;

(B) limits the period within which the money may be obligated to a period ending not more than two years after the date of the enactment of the appropriation law; and

(C) limits the amount that may be obligated during any 12-month period beginning on July 1 and ending on the next June 30 to an amount that does not exceed the amount by which:

(i) the aggregate of the amounts credited to the account of this State under 42 U.S.C. § 1103 during the same 12-month period and the 14 preceding 12-month periods, exceeds;

(ii) the aggregate of the amount obligated for administration and paid out for benefits and charged against the amounts credited to the account of this State during those 15 12-month periods.

(2) That is obligated for administration or paid out for benefits shall be charged against equivalent amounts that were first credited and that are not already so charged; except that no amount obligated for administration during a 12-month period specified in this section may be charged against any amount credited during such a 12-month period earlier than the 14th preceding such period. Amounts credited to this State's account in the Unemployment Trust Fund under 42 U.S.C. § 1103 that have been appropriated for expenses of administration shall be excluded from the Unemployment Compensation Trust Fund balance for the purposes of section 1326 of this title.

(e) Money appropriated as provided in this section for the payment of expenses of administration shall be requisitioned as needed for the payment of obligations incurred under the appropriation and, upon requisition, shall be deposited in the Unemployment Compensation Administration Fund from which those payments shall be made. Money so deposited shall, until expended, remain a part of the Unemployment Compensation Trust Fund and, if it will not be expended, shall be returned promptly to the account of this State in the Unemployment Trust Fund.
21 V.S.A. § 1427 — VT Code / Title 21 / Chapter 17 / Section 1427
§ 1427. Amendments to the Federal-State Extended Unemployment Compensation Act of 1970
Status: in_force

To the extent that the Federal-State Extended Unemployment Compensation Act of 1970, Pub. L. No. 91-373, is amended to authorize this State to pay benefits for an extended benefit period in a manner other than provided by this title, then, and in such cases, all the terms and conditions contained in the amended provisions of the federal law shall become a part of this title to the extent necessary to authorize the payment of benefits to eligible individuals as permitted under those provisions, provided that the federal share continues to be at least 50 percent of the extended benefits paid to individuals under the extended benefits program.
21 V.S.A. § 1723 — VT Code / Title 21 / Chapter 22 / Section 1723
§ 1723. Determination of the bargaining unit
Status: in_force

Nothing in this chapter shall prevent a municipal employer from voluntarily recognizing an employee organization as the exclusive bargaining agent. Voluntary recognition may be granted at the request of an employee organization if:

(1) The employee organization demonstrates the support of a majority of the employees and the bargaining unit it seeks to represent.

(2) No rival employee organization seeks to represent the same individual employee or the same jobs or positions for which recognition is being sought.

(3) The bargaining unit is appropriate under the standards set forth in subsection 1724(c) of this title. This section shall not require voluntary recognition of an employee organization by a municipal employer.
21 V.S.A. § 1374 — VT Code / Title 21 / Chapter 17 / Section 1374
§ 1374. Representation in court
Status: in_force

The Attorney General shall represent the Commissioner and State in any court action relating to this chapter or to its administration and enforcement, except as other counsel may be designated by the Commissioner with the approval of the Attorney General; provided, however, in prosecutions under this chapter the State's Attorney of the county in which the offense occurs shall represent the State as in other causes.
21 V.S.A. § 485 — VT Code / Title 21 / Chapter 5 / Section 485
§ 485. Severability of provisions
Status: in_force

If any provision of this subchapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the subchapter and the application of such provisions to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
21 V.S.A. § 515 — VT Code / Title 21 / Chapter 5 / Section 515
§ 515. Positive test results; opportunity to retest
Status: in_force

(a) A medical review officer shall contact personally an employee or applicant who has a positive test result and explain the results and why the results may not be accurate.

(b) The medical review officer shall provide any applicant or employee who has a positive test result with an opportunity to retest a portion of the sample at an independent laboratory at the expense of the person tested and shall consider the results of the retest.
21 V.S.A. § 1643 — VT Code / Title 21 / Chapter 20 / Section 1643
§ 1643. Enforcement
Status: in_force

(a) Orders of the Board issued under this chapter may be enforced by any party or by the Board by filing a petition with the Civil Division of the Superior Court of Washington County or in the Civil Division of the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party as provided for service of process under the Vermont Rules of Civil Procedure. If, after hearing, the court determines that the Board had jurisdiction over the matter and that a timely appeal was not filed or that an appeal was timely filed and a stay of the Board order or any part of it was not granted or that a Board order was affirmed on appeal in pertinent part by the Supreme Court, the court shall incorporate the order of the Board as a judgment of the court. There is no appeal from that judgment except that a judgment reversing a Board decision on jurisdiction may be appealed to the Supreme Court.

(b) Upon filing of a petition by a party or the Board, the court may grant such temporary relief, including a restraining order, as it deems proper pending formal hearing.

(c) Orders and decisions of the Board shall apply only to the particular case under appeal, but any number of appeals presenting similar issues may be consolidated for hearing with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement by any order or decision.
21 V.S.A. § 393 — VT Code / Title 21 / Chapter 5 / Section 393
§ 393. Employers' records; notice
Status: in_force

(a) Every employer shall keep a true and accurate record of the hours worked by each employee and of the wages paid to the employee and shall furnish to the Commissioner upon demand a sworn statement of the same. The records shall be open to inspection by the Commissioner or any authorized agent of the Department at any reasonable time.

(b) Every employer shall keep a copy of the rules posted in a conspicuous place in the area where employees are employed. The Commissioner shall furnish copies of the rules to employers without charge.
21 V.S.A. § 643 — VT Code / Title 21 / Chapter 9 / Section 643
§ 643. Period of payments
Status: in_force

Payments shall not continue after such disability ends.
21 V.S.A. § 643d — VT Code / Title 21 / Chapter 9 / Section 643d
§ 643d. Work search; requirements; exceptions
Status: in_force

(a) An employer may require an employee who is receiving temporary disability benefits pursuant to section 646 of this chapter to engage in a good faith search for suitable work if:

(1) the injured employee is medically released to return to work, either with or without limitations;

(2) the employer has provided the injured employee with written notification that the employee is medically released to return to work and the notification describes any applicable limitations; and

(3) the employer cannot offer the injured employee work that the employee is medically released to do.

(b) An injured employee shall not be required to engage in a good faith search for suitable work if the employee:

(1) is already employed; or

(2) has been referred for or is scheduled to undergo one or more surgical procedures.

(c) An employer shall not require an injured employee to contact more than three employers per week as part of a good faith work search performed pursuant to this section.
21 V.S.A. § 1363 — VT Code / Title 21 / Chapter 17 / Section 1363
§ 1363. Expenditures
Status: in_force

All monies made available by or received by the State for the State employment service, as provided in chapter 15 of this title, shall be paid to and expended from the Unemployment Compensation Administration Fund, and a special employment service account shall be maintained for that purpose as a part of the Fund. For the purpose of establishing and maintaining free public employment offices, the Commissioner is authorized to enter into agreements with the Railroad Retirement Board or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivision of this State or with any private, nonprofit organization, and as a part of any such agreement, the Commissioner may accept monies, services, or quarters as a contribution to the employment service account.
21 V.S.A. § 153 — VT Code / Title 21 / Chapter 3 / Section 153
§ 153. Insurance requirements; license
Status: in_force

A licensed elevator inspector shall submit to the Department an insurance policy, or certified copy issued by an insurance company authorized to do business in Vermont, that provides general liability coverage in an amount to be determined, by rule.
21 V.S.A. § 157 — VT Code / Title 21 / Chapter 3 / Section 157
§ 157. Elevator Safety Fund; creation
Status: in_force

The Elevator Safety Fund is created for the purpose of funding the Elevator Safety Inspection and Licensing Program. All revenues from fees collected for licensing elevator mechanics and inspectors, and issuing permits and certificates of operation, shall be deposited in the Fund. The Commissioner, pursuant to an appropriation from the Fund, shall request disbursements from the Fund by the Commissioner of Finance and Management. The Fund shall be maintained by the State Treasurer and shall be managed in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5.
21 V.S.A. § 604 — VT Code / Title 21 / Chapter 9 / Section 604
§ 604. Manner of trying causes; evidence
Status: in_force

The Commissioner 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 he or she may make such investigation or inquiry or conduct such hearing or trial in such manner as to ascertain the substantial rights of the parties. Declarations of the deceased employee concerning his or her accident may be received in evidence and shall be sufficient to establish the accident and the injury, if corroborated by circumstances or other evidence.
21 V.S.A. § 496 — VT Code / Title 21 / Chapter 5 / Section 496
§ 496. Legislative leave
Status: in_force

(a) Any employee who, in order to serve as a member of the General Assembly, must leave a full-time position in the employ of any employer, shall be entitled to a temporary or partial leave of absence for the purpose of allowing the employee to perform any official duty in connection with the employee's elected office. The leave of absence shall not cause loss of job status, seniority, or the right to participate in insurance and other employee benefits during the leave of absence.

(b) An employee who intends to seek election to the General Assembly and to invoke, if elected, the right to a leave of absence pursuant to subsection (a) of this section, shall notify the employee's employer of those intentions in writing within 10 days after filing the primary election nominating petition required by 17 V.S.A. § 2353 or of taking any other action required by 17 V.S.A. chapter 49, to place the employee's name on a primary or general election ballot. An employee who fails to give notice to the employee's employer as required by this section shall be deemed to have waived the right to a leave of absence under subsection (a) of this section.

(c) An employer who contends that granting the leave of absence required by subsection (a) of this section will cause unreasonable hardship for the employer's business may appeal for relief by letter to the Chair of the State Labor Relations Board created by 3 V.S.A. § 921. The right to such appeal shall be waived unless it is filed within 14 days after receipt of the notice required by subsection (b) of this section. The appeal shall state the name of the employee and the reasons for the alleged unreasonable hardship. The remedy created by this subsection shall be the exclusive remedy for an employer who claims unreasonable hardship as a result of the application to the employer of subsection (a) of this section.

(d) The Chair of the State Labor Relations Board, or any member of the Board designated by the Chair, shall serve as an arbitrator in any case appealed pursuant to subsection (c) of this section. The proceedings shall include an opportunity for the employee to respond, orally or in writing, to the allegations of unreasonable hardship raised by the employer, and shall be conducted in accord with the rules of practice of the State Labor Relations Board. Within 30 days after receipt of a notice of appeal, the arbitrator shall issue an order, which shall be binding on both parties, either granting or denying the employer's claim of unreasonable hardship. If the employer's claim is granted, the employee shall not be entitled to the protection of subsection (a) of this section. In reaching a decision, the arbitrator shall consider, but is not limited to, the following factors:

(1) the length of time the employee has been employed by the employer;

(2) the number of employees in the employer's business;

(3) the nature of the employer's business;

(4) the nature of the position held by the employee and the ease or difficulty and cost of temporarily filling the position during the leave of absence; and

(5) any agreement entered into between the employee and employer as a condition of employment.

(e) This section is not applicable if the employer employs five or fewer persons immediately prior to the first day of the leave of absence.

(f) Any attorney, party, witness, or juror who, while a member of and during sessions of the General Assembly, is assigned or scheduled to appear in any court of the State of Vermont shall be entitled to a leave of absence or postponement from such judicial duties when the individual's duties in the General Assembly are more compelling, for the purpose of allowing the member to perform any official duties in connection with the member's elected office. The leave of absence or postponement shall not prejudice the member or the cause involved.
21 V.S.A. § 232 — VT Code / Title 21 / Chapter 3 / Section 232
§ 232. Private right of action
Status: in_force

An employee aggrieved by a violation of section 231 of this title may bring an action in Superior Court for appropriate relief, including reinstatement, triple wages, damages, costs, and reasonable attorney's fees. Such an action may be brought in addition to or in lieu of an action under section 231 of this title.
21 V.S.A. § 1582 — VT Code / Title 21 / Chapter 19 / Section 1582
§ 1582. Election; eligibility to vote; runoff elections
Status: in_force

An election shall not be directed in any bargaining unit or any subdivision within which, in the preceding 12 months, a valid election has been held. Employees engaged in an economic strike who are not entitled to reinstatement are eligible to vote, under rules of the Board consistent with the provisions of this chapter, in any election conducted within 12 months after the beginning of the strike. In any election where none of the choices on the ballot receive a majority, a runoff shall be conducted by the Board. The ballot shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.
21 V.S.A. § 432 — VT Code / Title 21 / Chapter 5 / Section 432
§ 432. Restrictions
Status: in_force

(a) The Commissioner shall not issue a certificate for a child under 16 years of age pursuant to section 431 of this subchapter until the Commissioner has received, examined, approved, and filed the following papers:

(1) The school record of the child properly filled out and signed by the person in charge of the school that the child last attended, giving the child's age, address, standing in studies, rating in conduct, and attendance in days during the school year of the last full year of attendance.

(2) Evidence of the age of the child as follows:

(A) The birth certificate of the child, or a copy certified by the town clerk in a town where the certificate is a part of the public records.

(B) If the certificate or certified copy cannot be procured, a duly attested transcript of the certificate of birth or baptism or other religious record shall be conclusive evidence of the age of the child.

(C) In case no documentary proof of age is available, the Commissioner may accept an affidavit from the parent, guardian, or custodian of the child to establish the age of the child.

(3) A certificate from a physician resident in and licensed to practice in this State showing that after a thorough examination the child is found to be physically fit to be employed in the proposed occupation. When a certificate is requested for the employment of a child under 16 years of age as an actor or performer in motion pictures, theatrical productions, radio, or television, this provision may be waived at the discretion of the Commissioner.

(4) Before a certificate approving the employment of a child as an actor or performer in motion pictures, theatrical productions, radio, or television is issued by the Commissioner, the Secretary of Education must approve the substance and conditions of the educational program being provided to the child during the employment, which shall not be for more than 90 days during the school year.

(b) The Commissioner shall refuse a certificate to a child under 16 years of age unless the child has completed the elementary school course, has received an equivalent education, or has been excused from further school attendance under the provisions of 16 V.S.A. § 1123.
21 V.S.A. § 451 — VT Code / Title 21 / Chapter 5 / Section 451
§ 451. Complaints
Status: in_force

Truant officers and all informing officers are authorized to make complaints for violations or offenses arising under this subchapter. A complaint for a violation of section 448 of this title shall be sufficient if it states that the person having control of a child has allowed such child to be employed contrary to law.
21 V.S.A. § 1642 — VT Code / Title 21 / Chapter 20 / Section 1642
§ 1642. Appeal
Status: in_force

(a) Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court.

(b) An order of the Board shall not automatically be stayed pending appeal. A stay must first be requested from the Board. The Board may stay the order or any part of it. If the Board denies a stay, then a stay may be requested from the Supreme Court. The Supreme Court or a single Justice may stay the order or any part of it and may order additional interim relief.
21 V.S.A. § 503 — VT Code / Title 21 / Chapter 5 / Section 503
§ 503. Vending machines
Status: in_force

If it is determined by the Department of Disabilities, Aging, and Independent Living and the Department of Buildings and General Services that a vending facility is not economically feasible in a particular location, vending machines may be placed in that location. Contracts shall be awarded by the Department of Disabilities, Aging, and Independent Living in accordance with the procedures set forth in 29 V.S.A. § 161, notwithstanding the $50,000.00 limitation set forth in that section.
21 V.S.A. § 1722 — VT Code / Title 21 / Chapter 22 / Section 1722
§ 1722. Definitions
Status: in_force

As used in this chapter:

(1) “Agency service fee” means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, which is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. An agency service fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization and shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization and shall be used to defray the costs of chargeable activities.

(2) “Board” means the State Labor Relations Board established under 3 V.S.A. § 921.

(3) “Bargaining unit” means a group of employees recognized by the municipal employer or certified by the Board as appropriate for exclusive representation by an employee organization for purposes of collective bargaining.

(4) “Collective bargaining” or “bargaining collectively” means the process of negotiating in good faith the wages, hours, or conditions of employment between a municipal employer and the exclusive bargaining agent of employees with the intent to arrive at an agreement that, when reached, shall be reduced to writing.

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

(6) “Confidential employee” means an employee whose responsibility or knowledge or access to information relating to collective bargaining, personnel administration, or budgetary matters would make membership in or representation by an employee organization incompatible with his or her official duties.

(7) “Employee” means a municipal employee as defined in this section.

(8) “Exclusive bargaining agent” means the employee organization certified by the Board or recognized by the employer as the only organization to bargain collectively for all employees in the bargaining unit, including persons who are not members of the employee organization.

(9) “Impasse” means a controversy concerning wages, hours, and conditions of employment arising from the inability of a municipal employer and an exclusive bargaining agent to reach agreement after both parties have bargained collectively in good faith for not less than 60 days.

(10) “Legislative body” means the mayor (or other chief executive officer) and board of aldermen of a city, the selectboard of a town, the trustees of a village, the trustees or prudential committee of a district, the school board of a school district, or the designated governing body of any other political subdivision of the State.

(11) “Managerial prerogative” means any nonbargainable matters of inherent managerial policy.

(12) “Municipal employee” means any employee of a municipal employer, including a municipal school employee or a professional employee as defined in subdivision 1502(11) of this title, except:

(A) elected officials, board and commission members, and executive officers;

(B) individuals employed as supervisors as defined by section 1502 of this title;

(C) individuals who have been employed on a probationary status;

(D) confidential employees as defined in this section;

(E) certified employees of school districts, except as otherwise provided in section 1735 of this title.

(13) “Municipal employer” means a city, town, village, fire district, lighting district, consolidated water district, housing authority, union municipal district, or any of the political subdivisions of the State of Vermont that employs five or more employees as defined in this section.

(14) “Person” means one or more individuals, a city, town, village, or any other political subdivision of the State of Vermont, employee organizations, partnerships, corporations, legal representatives, trustees, or any other natural or legal entity whatsoever.

(15) “Voluntary recognition” means formal acknowledgment by a municipal employer designating a particular employee organization as the exclusive bargaining agent for municipal employees in an appropriate bargaining unit.

(16) “Strike” means conduct by an employee or employee organization or its agents that produces, induces, or encourages a work stoppage, slowdown, or withholding of services; such conduct includes recognizing a picket line or other conduct that interferes with or impedes the orderly functions and services of a municipal employer.

(17) “Wages, hours, and other conditions of employment” means any condition of employment directly affecting the economic circumstances, health, safety, or convenience of employees but excluding matters of managerial prerogative as defined in this section. For collective bargaining related to municipal school employees, “wages, hours, and other conditions of employment” shall not include health care benefits or coverage other than stand-alone vision and dental benefits.

(18) “School board negotiations council” means, for a supervisory district, its school board, and, for school districts within a supervisory union or board of cooperative education services, the body comprising representatives designated by each school board within the supervisory union or board of cooperative education services and by the supervisory union board or board of cooperative education services to engage in collective bargaining with their school employees' negotiations council.

(19) “School employees' negotiations council” means the body comprising representatives designated by each exclusive bargaining agent within a supervisory district, supervisory union, or board of cooperative education services to engage in collective bargaining with its school board negotiations council.

(20) “Supervisory district” and “supervisory union” have the same meanings as in 16 V.S.A. § 11.

(21) “Municipal school employee” means an employee of a supervisory union, school district, or board of cooperative education services who is not otherwise subject to 16 V.S.A. chapter 57 (labor relations for teachers and administrators) and who is not otherwise excluded pursuant to subdivision (12) of this section.

(22) “Municipal public safety employee” means a municipal employee who is:

(A) a firefighter as defined in 20 V.S.A. § 3151(3);

(B) an ambulance service, emergency medical personnel, or first responder service as defined in 24 V.S.A. § 2651; or

(C) a law enforcement officer who has been certified by the Vermont Criminal Justice Council pursuant to 20 V.S.A. § 2358.
21 V.S.A. § 470 — VT Code / Title 21 / Chapter 5 / Section 470
§ 470. Purpose
Status: in_force

(a) Strong families are the foundation for a productive and competitive state. There are a growing number of single-parent families where the sole parent works and two-parent families where both parents work. Most people who work while raising families do so out of economic necessity.

(b) Leave from employment for the birth or adoption of a child or to care for a seriously ill family member addresses one of the important needs of changing family structures. The support of families is a principle recognized and valued by the State of Vermont. When employees have security about their employment and the well-being of their children, parents, and other family members, businesses benefit economically from increased worker productivity and stability.

(c) The provisions of this subchapter are enacted in recognition of the fact that both employers and employees benefit from the establishment of parental and family leave as a condition of employment.
21 V.S.A. § 1115 — VT Code / Title 21 / Chapter 13 / Section 1115
§ 1115. Program registration and operation
Status: in_force

(a) Application.

(1) A sponsor may apply with the Vermont Registered Apprenticeship Program for review and approval of a request to register a local apprentice training program within the State.

(2) A local apprentice training program is registered upon its acceptance and recording by the Vermont Registered Apprenticeship Program as meeting the basic standards and requirements for approval of such a program and in compliance with rules established by the Commissioner.

(b) Eligibility for registration of an apprenticeship program.

(1) To be eligible for registration an employer or sponsor must:

(A) be registered as a business in “active” status with the Secretary of State's Office and the business name and address must match that of the business requesting to be registered as a program;

(B) be current and in good standing with the Department of Taxes;

(C) be current and in good standing with the Department of Labor's Unemployment Insurance program;

(D) be compliant with the Department of Labor's Workers' Compensation program; and

(E) meet any occupation specific requirements as established by the Vermont Registered Apprenticeship Program for specific occupations.

(2) Employers or sponsors found not to meet the requirements of subsection (b) of this section shall be given notice and allowed 30 business days to resolve any outstanding issue before action is taken on the registration request.

(3) An employer that seeks to register using National Program Standards (NPS) or National Guideline Standards (NGS) shall meet the requirements of this section.

(c) Procedure for registering an apprenticeship program.

(1) An employer or sponsor's request to register an apprenticeship program shall be submitted to the Director using the form and submission method published on the Department's website.

(2) Incomplete submissions shall not be considered.

(3) A complete request shall include:

(A) written and complete standards of apprenticeship, including minimum qualifications;

(B) a work process schedule for each occupation;

(C) related technical instruction outline for each occupation;

(D) selection procedures, including procedures for advanced standing; and

(E) a wage schedule for each occupation.

(4) An employer or program sponsor shall identify any proprietary information or processes within the registration request. Proprietary information obtained from an employer or program sponsor in the administration of this chapter shall be held confidential and shall not be disclosed or open to public inspection without the written authorization of the employer or program sponsor.

(d) Review; provisional and permanent approval.

(1) The Vermont Registered Apprenticeship Program shall review all requests to register an apprenticeship program for initial conformity with requirements established in 29 C.F.R. § 29.3, 29 C.F.R. Part 30, this chapter, and with any additional requirements established by the Vermont Registered Apprenticeship Program.

(2) An apprenticeship program that meets the standards for registration shall be given provisional registration for a period of one year.

(3) An initial provisional registration certificate shall be issued by the Director.

(4) The Vermont Registered Apprenticeship Program shall review an apprenticeship program for quality and conformity with the requirements of this chapter at the end of the first year after registration.

(5) An apprenticeship program that conforms to the requirements may have its registration made permanent or may continue to be provisionally registered until the end of its first training cycle or until enough information regarding compliant operation can be made available.

(6) When an apprenticeship program has completed its provisional review period and is found to be compliant, the Director shall issue a certificate of permanent registration.

(e) Ongoing review.

(1) The Department shall conduct subsequent reviews of every registered apprenticeship program every five years.

(2) If it is found that an apprenticeship program is not in operation or does not conform to the requirements of this chapter, the Department shall deregister that program in accordance with section 1120, deregistration, of this title.

(f) Union participation.

(1) An apprenticeship program may be proposed for registration by an employer, group of employers, or an industry association.

(2) If a standard or a collective bargaining agreement or other instrument exists for one or more of the employers or an industry association, that provides for participation by a union and concerns any aspect of the operation of the substantive matters of an apprenticeship program, a written acknowledgment by the union about the terms of the proposed program and any objections it may have shall accompany the program registration request.

(g) Certificate. If the Vermont Registered Apprenticeship Program approves an apprenticeship program, it shall register that apprenticeship program and issue a sponsor approval certificate indicating the approval status as provisional or permanent and may include an expiration date or similar notice that communicates the relationship with the program review cycle.

(h) National programs.

(1) Organizations with a national or multistate footprint wishing to adopt and implement National Guideline Standard programs within the State shall notify the Director within 45 business days of the planned start date of the apprenticeship program.

(2) National Program Standard holders who wish to afford Vermont residents the opportunity to apprentice in a NPS program shall notify the Director within 45 business days and shall follow other minimal requirements as may be required by the Vermont Registered Apprenticeship Program for reciprocal approval.

(i) Program operation.

(1) Probationary employment. A sponsor shall submit the name of a person in a period of probationary employment as an apprentice under an apprenticeship program within 45 days after the start of employment to the Vermont Registered Apprenticeship Program to establish the apprentice in probationary status.

(2) Changes in status. A sponsor shall notify the Vermont Registered Apprenticeship Program, using methods and procedures approved by the Director, within 45 business days after a registered apprentice:

(A) successfully completes an apprenticeship program;

(B) transfers to other programs with the same sponsor or to other sponsors;

(C) is suspended;

(D) is canceled; or

(E) is reinstated.

(3) Program changes.

(A) A sponsor shall not make a change to an apprenticeship program unless the change is approved by the Vermont Registered Apprenticeship Program.

(B) To make a change to an apprenticeship program, a sponsor shall submit a request to the Vermont Registered Apprenticeship Program.

(C) The Director shall approve or deny the requested change within 90 business days from receipt of the request.

(D) If approved, the change will be recorded and acknowledged by the Vermont Registered Apprenticeship Program within 90 business days.

(E) If denied, the Vermont Registered Apprenticeship Program shall notify the sponsor of the disapproval and the reason for the disapproval and provide the appropriate technical assistance.
21 V.S.A. § 1305 — VT Code / Title 21 / Chapter 17 / Section 1305
§ 1305. Divisions; Comprehensive Employment and Training Office
Status: in_force

There is hereby established within the Department of Labor, the Vermont Employment Service Division, the Unemployment Compensation Division, and the Comprehensive Employment and Training Office. Each division and office shall be responsible for the discharge of its distinctive function. Each division and office shall be so far as is practicable a separate administrative unit with respect to personnel, budget, and duties.
21 V.S.A. § 608 — VT Code / Title 21 / Chapter 9 / Section 608
§ 608. Application of chapter when State not an employer
Status: in_force

The provisions of this chapter shall not be construed so as to make the State an employer where it only renders State aid to a municipality or approves of its plans or supervisors.
21 V.S.A. § 1201 — VT Code / Title 21 / Chapter 15 / Section 1201
§ 1201. Acceptance by State
Status: in_force

The State of Vermont hereby accepts the provisions of the Act of Congress, approved June 6, 1933, entitled “An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes.”
21 V.S.A. § 502 — VT Code / Title 21 / Chapter 5 / Section 502
§ 502. Duties
Status: in_force

The Division shall have the authority to:

(1) establish vending facilities on State property;

(2) coordinate with the Commissioner of Buildings and General Services or the designee of the Commissioner for the establishment of vending facilities;

(3) issue licenses to persons who are blind or visually impaired for the operation of vending facilities on State property;

(4) provide vending facility equipment and an adequate initial stock of suitable articles to licensed persons who are blind or visually impaired;

(5) provide the necessary training and supervision to licensed persons who are blind or visually impaired;

(6) adopt rules to implement the provisions of this subchapter, including criteria for the selection and operation of vending facilities and machines, distribution of income to vendors, and grievance procedures.
21 V.S.A. § 692 — VT Code / Title 21 / Chapter 9 / Section 692
§ 692. Penalties; failure to insure; stop work orders
Status: in_force

(a) Failure to insure. If after a hearing under section 688 of this title, the Commissioner determines that an employer has failed to comply with the provisions of section 687 of this title, the employer shall be assessed an administrative penalty of not more than $100.00 for every day for the first seven days the employer neglected to secure liability and not more than $150.00 for every day thereafter.

(b) Stop-work orders. If an employer fails to comply with the provisions of section 687 of this title after investigation by the Commissioner, the Commissioner shall issue an emergency order to that employer to stop work until the employer has secured workers' compensation insurance. If the Commissioner determines that issuing a stop-work order would immediately threaten the safety or health of the public, the Commissioner may permit work to continue until the immediate threat to public safety or health is removed. The Commissioner shall document the reasons for permitting work to continue, and the document shall be available to the public. In addition, the employer shall be assessed an administrative penalty of not more than $250.00 for every day that the employer fails to secure workers' compensation coverage after the Commissioner issues an order to obtain insurance and may also be assessed an administrative penalty of not more than $250.00 for each employee for every day that the employer fails to secure workers' compensation coverage as required in section 687 of this title. When a stop-work order is issued, the Commissioner shall post a notice at a conspicuous place on the work site of the employer informing the employees that their employer failed to comply with the provisions of section 687 of this title and that work at the work site has been ordered to cease until workers' compensation insurance is secured. The stop-work order shall be rescinded as soon as the Commissioner determines that the employer is in compliance with section 687 of this title. An employer against whom a stop-work order has been issued is prohibited from contracting, directly or indirectly, with the State or any of its subdivisions for a period of up to three years following the date of the issuance of the stop-work order, as determined by the Commissioner in consultation with the Commissioner of Buildings and General Services or the Secretary of Transportation, as appropriate. Either the Secretary or the Commissioner, as appropriate, shall be consulted in any contest of the prohibition of the employer from contracting with the State or its subdivisions.

(c) Penalty for violation of stop-work order. In addition to any other penalties, an employer who violates a stop-work order described in subsection (b) of this section is subject to:

(1) a civil penalty of not more than $5,000.00 for the first violation and a civil penalty of not more than $10,000.00 for a second or subsequent violation; or

(2) a criminal fine of not more than $10,000.00 or imprisonment for not more than 180 days, or both.
21 V.S.A. § 698 — VT Code / Title 21 / Chapter 9 / Section 698
§ 698. Insurance by State and municipalities
Status: in_force

The State and municipalities that are liable to their employees for compensation under the provisions of this chapter may insure with an authorized insurance carrier.
21 V.S.A. § 1033 — VT Code / Title 21 / Chapter 12 / Section 1033
§ 1033. Licensure; requirements; application; fees
Status: in_force

(a) No person shall engage in the business of employee leasing in Vermont unless the person is granted a license by the Commissioner under this chapter. Only qualified applicants as determined by the Commissioner shall be licensed.

(b) An applicant may file an application for licensure with the Commissioner on a form required by the Commissioner accompanied by a one-time, nonrefundable application fee of $100.00 and a licensing fee of $1,000.00. The applicant shall also file the following, satisfactory to the Commissioner:

(1) A list of all the controlling persons of the applicant and an affidavit from each attesting to his or her good moral character and management competence.

(2) Documentation that the applicant maintains a place of business in this State and that the applicant is licensed, if required, in the applicant's state of domicile.

(3) Certification that the applicant does not conduct a temporary help business through the same entity as the employee leasing business.

(4) An agreement to:

(A) maintain separate records for each client company;

(B) file reports as required by law for each of its client companies; and

(C) pay unemployment contributions and workers' compensation premiums based on the experience rating of each client company, provided that, for workers' compensation premiums, the client company has sufficient workers' compensation premium volume to be experience rated, otherwise the workers' compensation premiums shall be paid the rate approved for an employer that cannot be experience rated.

(5) An acknowledgment of the applicant's joint and several liability with its client companies for protections required by or damages due under laws designed to protect the health, safety, or welfare of an individual leased to a client company.

(6) Evidence of financial responsibility in accordance with subsection 1035(a) of this title.

(7) Evidence that the applicant has deposited securities or posted a bond, in a manner and amount approved by the Commissioner to secure the performance of the applicant's obligations pursuant to subdivision (5) of this subsection. The amount of securities or bond shall be at least the minimum net worth required by subsection 1035(a) of this title. An employee leasing company shall not require a client company to contribute in any manner to payment of the securities or bond required under this subdivision. The Commissioner may waive the bonding or security requirement if the applicant demonstrates that it is accredited by a national accrediting entity that has been approved by the Commissioner.

(8) An agreement that the Commissioner may liquidate any securities or bond provided pursuant to subdivision (7) of this subsection upon default by the applicant in the payment of wages, benefits, workers' compensation premiums or awards, or unemployment compensation premiums as required by this chapter.

(c) A license under this chapter shall expire one year from the date shown on the license. At least 60 days before the expiration date of the license, a licensee shall file a renewal application accompanied by the licensing fee and documentation as required by subsection (b) of this section.

(d) The Commissioner may deny, suspend, or revoke the license of an employee leasing company for any violation of this chapter.

(e) Fees collected under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available to the Department of Labor to offset the cost of providing those services.
21 V.S.A. § 495 — VT Code / Title 21 / Chapter 5 / Section 495
§ 495. Unlawful employment practice
Status: repealed

(a) It shall be unlawful employment practice, except where a bona fide occupational qualification requires persons of a particular race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, crime victim status, or physical or mental condition:

(1) For any employer, employment agency, or labor organization to harass or discriminate against any individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age or against a qualified individual with a disability.

(2) For any person seeking employees or for any employment agency or labor organization to cause to be printed, published, or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, specification, or discrimination based upon race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, age, or disability.

(3) For any employment agency to fail or refuse to classify properly or refer for employment or to otherwise harass or discriminate against any individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age or against a qualified individual with a disability.

(4) For any labor organization to limit, segregate, or qualify its membership with respect to any individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age or against a qualified individual with a disability.

(5) For any employer, employment agency, labor organization, or person seeking employees to discriminate against, indicate a preference or limitation, refuse properly to classify or refer, or to limit or segregate membership on the basis of a person's having a positive test result from an HIV-related blood test.

(6) For any employer, employment agency, labor organization, or person seeking employees to request or require an applicant, prospective employee, employee, prospective member, or member to have an HIV-related blood test as a condition of employment or membership, classification, placement, or referral.

(7) For any employer, employment agency, labor organization, or person seeking employees to discriminate between employees on the basis of sex, race, national origin, sexual orientation, or gender identity or against a qualified individual with a disability by paying wages to employees of one sex, race, national origin, sexual orientation, or gender identity or an employee who is a qualified individual with a disability at a rate less than the rate paid to employees of the other sex or a different race, national origin, sexual orientation, or gender identity or without the physical or mental condition of the qualified individual with a disability for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. An employer who is paying wages in violation of this section shall not reduce the wage rate of any other employee in order to comply with this subsection.

(A) An employer may pay different wage rates under this subsection when the differential wages are made pursuant to:

(i) A seniority system.

(ii) A merit system.

(iii) A system in which earnings are based on quantity or quality of production.

(iv) A bona fide factor other than sex, race, national origin, sexual orientation, gender identity, or physical or mental condition. An employer asserting that differential wages are paid pursuant to this subdivision (7)(A)(iv) shall demonstrate that the factor does not perpetuate a differential in compensation based on sex, race, national origin, sexual orientation, gender identity, or physical or mental condition; is job-related with respect to the position in question; and is based upon a legitimate business consideration.

(B)(i) No employer may do any of the following:

(I) Require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or from inquiring about or discussing the wages of other employees.

(II) Require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages or to inquire about or discuss the wages of other employees.

(ii) Unless otherwise required by law, an employer may prohibit a human resources manager from disclosing the wages of other employees.

(C) Nothing in this subdivision (a)(7) shall be construed to:

(i) create any new rights for an employer to inquire about a characteristic of an employee that is otherwise unknown to the employer upon which pay discrimination is prohibited pursuant to the provisions of this subdivision (a)(7); or

(ii) diminish an employee's right to privacy under any other law, or pursuant to an applicable contract or collective bargaining agreement.

(8) An employer, employment agency, or labor organization shall not discharge or in any other manner discriminate against any employee because the employee:

(A) has opposed any act or practice that is prohibited under this chapter;

(B) has lodged a complaint or has testified, assisted, or participated in any manner with the Attorney General, a State's Attorney, the Department of Labor, or the Human Rights Commission in an investigation of prohibited acts or practices;

(C) is known by the employer to be about to lodge a complaint, testify, assist, or participate in any manner in an investigation of prohibited acts or practices;

(D) has disclosed his or her wages or has inquired about or discussed the wages of other employees; or

(E) is believed by the employer to have acted as described in subdivisions (A) through (D) of this subdivision.

(b) The provisions of this section shall not be construed to limit the rights of employers to discharge employees for good cause shown.

(c) The provisions of this section prohibiting discrimination on the basis of age shall apply for the benefit of persons 18 years of age or older.

(d)(1) An employee shall not have a cause of action in negligence for any injury occurring to the employee on the account of an employer complying with subdivisions (a)(5) and (6) of this section.

(2) A person shall not have a cause of action in negligence for any injury occurring to the person on account of an employer complying with subdivisions (a)(5) and (6) of this section.

(e) The provisions of this section prohibiting discrimination on the basis of sexual orientation and gender identity shall not be construed to prohibit or prevent any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, that is operated, supervised, or controlled by or in connection with a religious organization, from giving preference to persons of the same religion or denomination or from taking any action with respect to matters of employment that is calculated by the organization to promote the religious principles for which it is established or maintained.

(f) [Repealed.]

(g) Notwithstanding any provision of this subchapter, an employer shall not be prohibited from establishing and enforcing reasonable workplace policies to address matters related to employees' gender identity, including permitting an employer to establish a reasonable dress code for the workplace.

(h) Nothing in this section shall require an employer to disclose the wages of an employee in response to an inquiry by another employee, unless the failure to do so would otherwise constitute unlawful employment discrimination. Unless otherwise required by law, nothing in this section shall require an employee to disclose his or her wages in response to an inquiry by another employee.

(i) An agreement to settle a claim of a violation of subsection (a) of this section shall not prohibit, prevent, or otherwise restrict the employee from working for the employer or any parent company, subsidiary, division, or affiliate of the employer. Any provision of an agreement to settle a claim of a violation of subsection (a) of this section that violates this subsection shall be void and unenforceable with respect to the individual who made the claim.

(j) Except for claims alleging a violation of subdivision (a)(7) of this section or disparate impact discrimination an employee shall not be required to demonstrate the existence of another employee or individual to whom the employee's treatment can be compared to establish a violation of this section.

(k) Notwithstanding any State or federal judicial precedent to the contrary:

(1) harassment and discrimination need not be severe or pervasive to constitute a violation of this section; and

(2) behavior that a reasonable employee with the same protected characteristic would consider to be a petty slight or trivial inconvenience shall not constitute unlawful harassment or discrimination pursuant to this section.
21 V.S.A. § 696 — VT Code / Title 21 / Chapter 9 / Section 696
§ 696. Cancellation of insurance contracts
Status: in_force

A policy or contract shall not be cancelled within the time specified in the policy or contract for its expiration, until at least 45 days after a notice of intention to cancel the policy or contract, on a date specified in the notice, has been filed in the office of the Commissioner and provided to the employer. The notice shall be filed with the Commissioner in accordance with rules adopted by the Commissioner and provided to the employer by certified mail. The cancellation shall not affect the liability of an insurance carrier on account of an injury occurring prior to cancellation.
21 V.S.A. § 1302 — VT Code / Title 21 / Chapter 17 / Section 1302
§ 1302. Vermont Employment Security Board; composition; duties
Status: in_force

(a)(1) There is created a board of three members to be known as the Vermont Employment Security Board.

(2)(A) One member, who will serve as the chair of the Board, shall be the Commissioner of Labor, ex officio.

(B) The two other members of the Board shall be appointed by the Governor, with the advice and consent of the Senate. The term of each appointed member shall be six years.

(C) Biennially, in the month of February, with the advice and consent of the Senate, the Governor shall appoint a person as a member of the Board for the term of six years, whose term of office shall commence March 1 of the year in which the appointment is made.

(D) Any appointment to fill a vacancy shall be for the unexpired term.

(E) In case of a vacancy by resignation, the member resigning shall continue in office until that member's successor is appointed.

(3) Not more than two members of the Board shall be members of the same political party.

(4) The Governor may at any time remove an appointed member of the Board for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.

(b)(1) The Board may hear and decide all matters appealed to it under this chapter. It shall determine its own methods of procedure.

(2) The Board may, with the approval of the Governor, adopt, amend, suspend, or rescind such rules as it considers necessary and consistent with this chapter. The rules of the Board shall have the force and effect of law after public hearing thereon of which reasonable notice has been given, and after filing with the Secretary of State, and publication in such manner as the Board shall prescribe.

(3) The Board may administer oaths, take depositions, certify to official acts, and subpoena witnesses and compel the production of books, papers, correspondence, memoranda, and other records necessary and material in the discharge of its duties imposed by this chapter.
21 V.S.A. § 1641 — VT Code / Title 21 / Chapter 20 / Section 1641
§ 1641. Rules
Status: in_force

The Board shall adopt rules and may amend or rescind rules consistent with this chapter as may be necessary to carry out the provisions of this chapter.
21 V.S.A. § 385 — VT Code / Title 21 / Chapter 5 / Section 385
§ 385. Administration
Status: in_force

The Commissioner and the Commissioner's authorized representatives have full power and authority for all the following:

(1) To enforce and administer the provisions of this chapter, including the power to conduct investigations and take any other action considered necessary or suitable for the administration of this chapter. In the discharge of duties under this chapter, the Commissioner may administer oaths, take depositions, certify to official acts, subpoena witnesses, and compel production of any documents and records necessary and material to the administration of this chapter.

(2) To enter and inspect any place of business or employment, question any employees, and investigate any records, facts, conditions, or matters that are deemed appropriate and that in any way appertain to or have a bearing upon the question of wages due under the provisions of this chapter.

(3) To require from any employer full and correct statements in writing of the wages paid to all employees employed by that employer necessary to investigate and enforce the provisions of this chapter.

(4) To determine the amount of deductions for board, lodging, or other items or services supplied by the employer or any other typical conditions or circumstances in a particular employer-employee relationship; provided, however, that in no case shall the total remuneration received by an employee, including wages, gratuities, board, lodging, or other items or services supplied by the employer, be less than the minimum wage established pursuant to section 384 of this subchapter. No deduction may be made for the care, cleaning, or maintenance of required apparel. No deduction for required apparel shall be made without the employee's express written authorization and the deduction shall not:

(A) reduce the total remuneration received by an employee below the minimum wage established pursuant to section 384 of this subchapter;

(B) include any administrative fees or charges; or

(C) amend, nullify, or violate the terms and conditions of any collective bargaining agreement.
21 V.S.A. § 1202 — VT Code / Title 21 / Chapter 15 / Section 1202
§ 1202. Commissioner of Labor as agent
Status: in_force

The Commissioner of Labor is hereby designated and constituted the agent of the State of Vermont for the purposes of the Act, with full power to cooperate with all authorities of the United States having powers or duties under the Act and to do and perform all things necessary to secure to the State of Vermont the benefits of the Act in the promotion and maintenance of a system of public employment offices.
21 V.S.A. § 1581 — VT Code / Title 21 / Chapter 19 / Section 1581
§ 1581. Petitions for election; filing, investigations, hearings, determinations
Status: in_force

(a) A petition may be filed with the Board, in accordance with rules adopted by the Board:

(1) By an employee or group of employees, or any individual or labor organization acting in their behalf, alleging that not less than 30 percent of the employees:

(A) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in section 1583 of this title; or

(B) assert that the individual or labor organization that has been certified, or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in section 1583 of this title.

(2) By an employer, alleging that one or more individuals or labor organizations have presented to him or her a claim to be recognized as the representative defined in section 1583 of this title.

(b)(1) The Board shall investigate the petition and if it has reasonable cause to believe that a question of representation exists shall provide for an appropriate hearing before the Board itself, a Board member, or its agents appointed for that purpose upon due notice. Written notice of the hearing shall be mailed by certified mail to the parties named in the petition not less than seven days before the hearing.

(2) If the Board finds upon the record of the hearing that a question of representation exists, it shall conduct an election by secret ballot marked at the place of election and certify to the parties, in writing, the results of the election.

(3)(A) If the Board finds upon the record of the hearing that a petition to be represented for collective bargaining filed pursuant to subdivision (a)(1)(A) of this section, which identifies a proposed bargaining representative, bears the signatures of at least 50 percent plus one of the employees in the bargaining unit, the Board shall certify the individual or labor organization identified as the bargaining representative.

(B) Certification of a representative shall only be available pursuant to this subdivision (3) when no other individual or labor organization is currently certified or recognized as the bargaining representative.

(c) In determining whether or not a question of representation exists, the Board shall apply the same rules regardless of the identity of the persons filing the petition or the kind of relief sought.

(d) Nothing in this chapter prohibits the waiving of hearings by stipulation for a consent election in conformity with rules of the Board.

(e) For the purposes of this chapter, representatives of employees of a collective bargaining unit voluntarily recognized by an employer through the voluntary negotiation of an employment contract with such unit shall constitute recognized representatives of the employees until such time as any other representative is recognized under the provisions of this section or until such representatives' authority is rescinded under section 1584 of this title.
21 V.S.A. § 495h — VT Code / Title 21 / Chapter 5 / Section 495h
§ 495h. Sexual harassment
Status: in_force

(a)(1) All employers, employment agencies, and labor organizations have an obligation to ensure a workplace free of sexual harassment.

(2) All persons who engage a person to perform work or services have an obligation to ensure a working relationship with that person that is free from sexual harassment.

(b) Every employer shall:

(1) Adopt a policy against sexual harassment that shall include:

(A) a statement that sexual harassment in the workplace is unlawful;

(B) a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of sexual harassment;

(C) a description and examples of sexual harassment;

(D) a statement of the range of consequences for employees who commit sexual harassment;

(E) if the employer has more than five employees, a description of the process for filing internal complaints about sexual harassment and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made; and

(F) the complaint process of the appropriate State and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.

(2) Post in a prominent and accessible location in the workplace, a poster providing, at a minimum, the elements of the employer's sexual harassment policy required by subdivision (1) of this subsection.

(3) Provide to all employees an individual written copy of the employer's policy against sexual harassment.

(c)(1) Employers shall provide individual copies of their written policies to new employees upon their being hired.

(2) If an employer makes changes to its policy against sexual harassment, it shall provide to all employees a written copy of the updated policy.

(d) The Commissioner of Labor shall prepare and provide to employers subject to this section a model policy and a model poster, which may be used by employers for the purposes of this section.

(e) A claim that an individual did not receive the information required to be provided by this section shall not, in and of itself, result in the automatic liability of any employer to any current or former employee or applicant in any action alleging sexual harassment. An employer's compliance with the notice requirements of this section does not insulate the employer from liability for sexual harassment of any current or former employee or applicant.

(f)(1) Employers and labor organizations are encouraged to conduct an education and training program for all new employees and members that includes at a minimum all the information outlined in this section within one year after commencement of employment.

(2) Employers and labor organizations are encouraged to conduct an annual education and training program for all employees and members that includes at a minimum all the information outlined in this section.

(3) Employers are encouraged to conduct additional training for new supervisory and managerial employees and members within one year after commencement of employment or membership, which should include at a minimum the information outlined in this section, the specific responsibilities of supervisory and managerial employees, and the actions that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

(4) Employers, labor organizations, and appropriate State agencies are encouraged to cooperate in making this training available.

(g)(1) An employer shall not require any employee or prospective employee, as a condition of employment, to sign an agreement or waiver that does either of the following:

(A) prohibits, prevents, or otherwise restricts the employee or prospective employee from opposing, disclosing, reporting, or participating in an investigation of sexual harassment; or

(B) except as otherwise permitted by State or federal law, purports to waive a substantive or procedural right or remedy available to the employee with respect to a claim of sexual harassment.

(2) Any provision of an agreement that violates subdivision (1) of this subsection shall be void and unenforceable.

(h)(1) An agreement to settle a claim of sexual harassment shall not prohibit, prevent, or otherwise restrict the employee from working for the employer or any parent company, subsidiary, division, or affiliate of the employer.

(2) An agreement to settle a sexual harassment claim shall expressly state that:

(A) it does not prohibit, prevent, or otherwise restrict the individual who made the claim from doing any of the following:

(i) lodging a complaint of sexual harassment committed by any person with the Attorney General, a State's Attorney, the Human Rights Commission, the Equal Employment Opportunity Commission, or any other State or federal agency;

(ii) testifying, assisting, or participating in any manner with an investigation related to a claim of sexual harassment conducted by the Attorney General, a State's Attorney, the Human Rights Commission, the Equal Employment Opportunity Commission, or any other State or federal agency;

(iii) complying with a valid request for discovery in relation to civil litigation or testifying in a hearing or trial related to a claim of sexual harassment that is conducted by a court, pursuant to an arbitration agreement, or before another appropriate tribunal; or

(iv) exercising any right the individual may have pursuant to State or federal labor relations laws to engage in concerted activities with other employees for the purposes of collective bargaining or mutual aid and protection; and

(B) it does not waive any rights or claims that may arise after the date the settlement agreement is executed.

(3) Any provision of an agreement to settle a sexual harassment claim that violates subdivision (1) or (2) of this subsection shall be void and unenforceable with respect to the individual who made the claim.

(4) Nothing in subdivision (2) of this subsection shall be construed to prevent an agreement to settle a sexual harassment claim from waiving or releasing the claimant's right to seek or obtain any remedies relating to sexual harassment of the claimant by another party to the agreement that occurred before the date on which the agreement is executed.

(i)(1)(A)(i) For the purpose of assessing compliance with the provisions of this section, the Attorney General or designee, or, if the employer is the State, the Human Rights Commission or designee, may, with 48 hours' notice, at reasonable times and without unduly disrupting business operations enter and inspect any place of business or employment, question any person who is authorized by the employer to receive or investigate complaints of sexual harassment, and examine an employer's records, policies, procedures, and training materials related to the prevention of sexual harassment and the requirements of this section.

(ii) An employer may agree to waive or shorten the 48-hour notice period.

(iii) As used in this subsection (i), the term “records” includes de-identified data regarding the number of complaints of sexual harassment received and the resolution of each complaint.

(B) The employer shall at reasonable times and without unduly disrupting business operations make any persons who are authorized by the employer to receive or investigate complaints of sexual harassment and any records, policies, procedures, and training materials related to the prevention of sexual harassment and the requirements of this section available to the Attorney General or designee or, if the employer is the State, the Human Rights Commission or designee.

(2) Following an inspection and examination pursuant to subdivision (1) of this subsection (i), the Attorney General or the Human Rights Commission shall notify the employer of the results of the inspection and examination, including any issues or deficiencies identified, provide resources regarding practices and procedures for the prevention of sexual harassment that the employer may wish to adopt or utilize, and identify any technical assistance that the Attorney General or the Human Rights Commission may be able to provide to help the employer address any identified issues or deficiencies. If the Attorney General or the Human Rights Commission determines that it is necessary to ensure the employer's workplace is free from sexual harassment, the employer may be required, for a period of up to three years, to provide an annual education and training program that satisfies the provisions of subdivision (4) of this subsection to all employees or to conduct an annual, anonymous working-climate survey, or both.

(3)(A) The Attorney General shall keep records, materials, and information related to or obtained through an inspection carried out pursuant to this subsection (i) confidential as provided pursuant to 9 V.S.A. § 2460(a)(4).

(B) The Human Rights Commission shall keep records, materials, and information related to or obtained through an inspection carried out pursuant to this subsection (i) confidential as provided pursuant to 9 V.S.A. § 4555.

(4) If required by the Attorney General or Human Rights Commission pursuant to subdivision (2) of this subsection, an employer shall conduct:

(A) an annual education and training program for all employees that includes at a minimum all the information outlined in this section; and

(B) an annual education and training program for supervisory and managerial employees that includes at a minimum all the information outlined in this section, the specific responsibilities of supervisory and managerial employees, and the actions that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

(j) The Attorney General shall adopt rules as necessary to implement the provisions of this section.
21 V.S.A. § 147 — VT Code / Title 21 / Chapter 3 / Section 147
§ 147. Examination not required
Status: in_force

A license for elevator mechanic or inspector shall be issued to an applicant, upon application and payment of the required fee, or to an individual who holds a comparable valid license or certification from a state that has equal or more stringent requirements.
21 V.S.A. § 1337 — VT Code / Title 21 / Chapter 17 / Section 1337
§ 1337. Adjustments and refunds
Status: in_force

(a) If not later than three years after the date on which any contributions or interest thereon became due, an employer who has paid the contributions or interest thereon applies for an adjustment of the contributions or interest in connection with subsequent contribution payments, or for a refund of the amounts paid because an adjustment cannot be made, and the Commissioner determines that the payments or any portion of the payments were erroneously collected, the Commissioner shall allow the employer to make an adjustment for the amounts erroneously collected, without interest, in connection with subsequent payments by the employer, or if the adjustment cannot be made, shall refund the amount without interest from the Fund.

(b) The Commissioner may make an adjustment or refund on the Commissioner's own initiative for the same reasons and within the time period set forth in subsection (a) of this section.
21 V.S.A. § 1453 — VT Code / Title 21 / Chapter 17 / Section 1453
§ 1453. Approval or rejection; resubmission
Status: in_force

The Commissioner shall approve or reject a plan in writing within 30 days after receiving it, and in the case of rejection shall state the reasons for the rejection. The reasons for rejection shall be final and nonappealable, but the employer shall be allowed to submit another plan for approval that addresses the reasons that led to the rejection of the original plan.
21 V.S.A. § 1337a — VT Code / Title 21 / Chapter 17 / Section 1337a
§ 1337a. Administrative determination; hearing on
Status: in_force

(a) Any employing unit aggrieved by an administrative determination affecting its rate of contributions, its rights to adjustment or refund on contributions paid, its coverage as an employer, or its termination of coverage may, within 30 days after the date of the determination, file with the Commissioner a petition for a hearing on the determination. The petition shall set forth specifically and in detail the grounds upon which it is claimed the administrative determination is erroneous. Hearing or hearings on the petition shall be held by a referee appointed for that purpose, at times and places as provided by rules of the Board. Notice of the time and place of the hearing or hearings shall be given electronically or by ordinary or certified mail to the petitioner.

(b) After a hearing pursuant to subsection (a) of this section, the petitioner shall be promptly notified electronically or by ordinary or certified mail of the findings of fact, conclusions, and decision of the referee. The decision of the referee shall be final unless the employing unit or Commissioner makes application for review of the decision by the Board within 30 days after the date of the decision or unless the Board, on its own motion within the same period, initiates a review of the decision.
21 V.S.A. § 663b — VT Code / Title 21 / Chapter 9 / Section 663b
§ 663b. Fraud
Status: in_force

(a) Any claims of fraud submitted to the Department shall require action by the Commissioner to determine if further investigation is warranted. The Commissioner shall order the insurer to investigate specific allegations of claimant fraud and submit a written report to the Department. Once the insurer's report is received, the Commissioner shall afford the claimant an opportunity to respond in person or in writing within 30 days. The Commissioner may order additional information to be provided to the Department from the insurer or the claimant. The Department shall issue a determination on the fraud allegation, including penalties and any reimbursement as provided under section 708 of this title. The party may appeal the decision of the Commissioner as provided under 3 V.S.A. chapter 25.

(b) An employee found to have committed fraud in order to receive compensation under this chapter shall be ordered to repay all compensation fraudulently received in addition to other administrative penalties ordered by the Department. These payments shall not be charged to the employer for purposes of calculating its experience rating.
21 V.S.A. § 506 — VT Code / Title 21 / Chapter 5 / Section 506
§ 506. Exemptions
Status: in_force

The following are exempt from the provisions of this subchapter:

(1) food services or vending machines provided by hospitals or residential institutions as a direct service to patients, inmates, students, or otherwise institutionalized persons; and

(2) State property not under the control of the Department of Buildings and General Services.
21 V.S.A. § 1504 — VT Code / Title 21 / Chapter 19 / Section 1504
§ 1504. General duties
Status: in_force

(a) All employers and their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, wages, hours of employment, and conditions of work, and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employer's employees.

(b) All labor disputes between employers and their employees shall, upon the request of either party, be considered within 15 days after the request, or at a time that is mutually agreed to, and, if possible, settled, with all expedition, in conference between representatives designated and authorized to confer, by the employer or by the employer's employees who are interested in the dispute. However, this obligation does not compel either party to agree to a proposal or make a concession. (1967, No. 198, § 4; amended 2023, No. 85 (Adj. Sess.), § 235, eff. July 1, 2024.)
21 V.S.A. § 645 — VT Code / Title 21 / Chapter 9 / Section 645
§ 645. Amount payable
Status: in_force

(a) In case of an injury enumerated in section 644 of this title, the employer shall pay to the injured employee 66⅔ percent of the employee's average weekly wages, computed as provided in section 650 of this title and subject to the maximum and minimum weekly compensation rates, for the duration of the employee's permanent total disability, but in no event shall the employee receive benefits for less than 330 weeks. Benefits under this section shall continue beyond 330 weeks if the injury results in the loss of actual earnings or earning capacity after the injured employee is as far restored as the permanent character of the injuries will permit and results in the employee having no reasonable prospect of finding regular employment.

(b) The amount of compensation payable under this section shall not include the payment of compensation under sections 640, 642, and 646. However, the payment of compensation under this section shall not occur until after the termination of compensation under section 642 or 646, or both.
21 V.S.A. § 1623 — VT Code / Title 21 / Chapter 19 / Section 1623
§ 1623. Judicial review
Status: in_force

(a) The Board may petition the Supreme Court for the enforcement of such Board order relative thereto and for appropriate temporary relief or restraining order. The Board shall certify and file in the court the entire record in the proceeding, including the pleadings and evidence upon which the order was entered, and its findings and order; provided, however, the court may, by separate rule, set forth the portions of the record to be certified and filed. Thereupon, the court shall cause notice thereof to be served upon such person, and shall then have jurisdiction of the proceeding and of the question determined therein. It shall have the power to grant such temporary relief or restraining order as it considers just and proper, and to make and enter a decree enforcing, modifying and enforcing as so modified, or wholly or partly setting aside the Board's order.

(b) The parties before the court shall be the Board and such person found by the Board to have committed the unfair labor practice.

(c) Any aggrieved party to a proceeding under section 1622 of this title may appeal to the Supreme Court under 12 V.S.A. chapter 102 and the Vermont Rules of Appellate Procedure.

(d) No objection that has not been urged before the Board may be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. However, if either party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such additional evidence at the hearing before the Board, the court may order such additional evidence to be taken before the Board and to be made a part of the record. The Board may modify its findings as to facts or make new findings because of additional evidence so taken. The Board shall file such modified or new findings which findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order.

(e) The commencement of proceedings under this section shall not, unless specifically ordered by the court, operate as a stay of the Board's order.

(f) Petitions filed under the chapter shall be heard expeditiously.

(g) The Board shall have the power upon issuance of a complaint as provided for under this chapter to petition the Superior Court within any county wherein the unfair labor practice is alleged to have occurred, for appropriate temporary relief or restraining order. Upon the filing of such petition, the court shall cause notice thereof to be served upon such person, and thereupon, shall have jurisdiction to grant to the Board such temporary relief as it deems just and proper.
21 V.S.A. § 1328 — VT Code / Title 21 / Chapter 17 / Section 1328
§ 1328. Filing employer quarterly tax contribution reports; failure
Status: in_force

The Commissioner shall impose a penalty of $100.00 for each failure by an employer to file any contribution report required under section 1322 of this title on or before the date on which the report is due, which shall be collected in the manner provided for the collection of contributions in section 1329 of this title and shall be paid into the Contingent Fund provided in section 1365 of this title. If the employer demonstrates that its failure was due to a reasonable cause, the Commissioner may waive or reduce the penalty.
21 V.S.A. § 709 — VT Code / Title 21 / Chapter 9 / Section 709
§ 709. Rules of construction
Status: in_force

In construing the provisions of this chapter, the rule of law that statutes in derogation of the common law are to be strictly construed shall not be applied. The provisions of this chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states that enact it.
21 V.S.A. § 633 — VT Code / Title 21 / Chapter 9 / Section 633
§ 633. Apportionment of compensation
Status: in_force

The Commissioner shall, from time to time, apportion such compensation between any and all dependents named in section 632 of this title in such manner as he or she deems best and in making such apportionment he or she shall, insofar as it is possible, apportion such sum so that each dependent shall be self-supporting.
21 V.S.A. § 453 — VT Code / Title 21 / Chapter 5 / Section 453
§ 453. Sale of goods made in violation of subchapter
Status: in_force

No person, partnership, corporation, or association shall knowingly sell, offer, or expose for sale; take orders for the future delivery of; or possess with intent to sell any article, product, or compound in the production, manufacture, or distribution of which children have been employed in violation of the provisions of this subchapter, or in a manner or under conditions that would be in violation of these provisions if the employment had occurred in this State. Any complaint alleging a violation of this section shall be filed with the Commissioner, who shall investigate, and if the Commissioner determines there is sufficient evidence to substantiate the allegations, shall transmit the complaint to the Attorney General or to the State's Attorney of the county in which the violation is alleged to have occurred. A person who violates a provision of this section shall be fined not more than $10,000.00.
21 V.S.A. § 346 — VT Code / Title 21 / Chapter 5 / Section 346
§ 346. Enforcement by Attorney General; employee misclassification [Repealed effective July 1, 2026]
Status: in_force

(a) Following the referral of a complaint by the Commissioner of Labor pursuant to the provisions of section 3 of this title, the Attorney General may investigate a complaint that an employer has committed a willful, substantial, or systemic violation of section 342, 343, 348, 482, or 483 of this chapter by misclassifying an employee as an independent contractor and may enforce those provisions 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 the misclassification of an employee is an unfair act in commerce. Any employer complained against shall have the same rights and remedies as specified in 9 V.S.A. §§ 2458-2461. The Superior Court may impose the same civil penalties and investigation costs and order other relief to the State of Vermont or an aggrieved employee for the misclassification of an employee and any related violations of the provisions of this chapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Court may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.

(b)(1) The Attorney General shall share information and coordinate investigatory and enforcement resources with the Departments of Financial Regulation, of Labor, and of Taxes pursuant to the provisions of section 3 of this title.

(2) Upon receiving notice that the Attorney General has determined that an employer has committed a violation of section 342, 343, 348, 482, or 483 of this chapter by misclassifying an employee as an independent contractor, the Commissioners of Financial Regulation and of Taxes shall review whether the employer is in compliance with the insurance or tax laws that are under their jurisdiction.
21 V.S.A. § 688 — VT Code / Title 21 / Chapter 9 / Section 688
§ 688. Administrative penalties; insurance company's license suspended
Status: in_force

(a) The Commissioner, after notice and opportunity for a hearing, may assess administrative penalties of not more than $5,000.00 against any employer, insurance company, or their agents that the Commissioner finds has refused or neglected to comply with the reasonable rules of the Commissioner or any orders issued by the Commissioner, or to adjust and pay compensation and medical bills in accordance with the provisions of this chapter.

(b) The notice and opportunity for a hearing under this section shall be in accordance with 3 V.S.A. chapter 25. The Commissioner shall adopt rules regarding the amount and imposition of penalties.

(c)(1) In addition to assessing administrative penalties, the Commissioner may refer to the Commissioner of Financial Regulation any insurance company authorized to transact workers' compensation insurance in this State that refuses or neglects to comply with the reasonable rules of the Commissioner or that neglects or refuses to properly and promptly adjust and pay compensation and medical bills in accordance with the provisions of this chapter.

(2) If, after hearing, the Commissioner of Financial Regulation finds that the insurance company has failed to comply with the rules or orders issued by the Commissioner of Labor or has failed to properly and promptly pay compensation and medical bills as provided by this chapter, the Commissioner of Financial Regulation may take appropriate action against the insurance company as provided in Title 8.
21 V.S.A. § 396 — VT Code / Title 21 / Chapter 5 / Section 396
§ 396. Appeals from Commissioner's decisions
Status: in_force

(a) Appeals to Superior Court. Any person aggrieved by a decision of the Commissioner may appeal to the Superior Court.

(b) Procedure. The Commissioner shall forward to the court the record of the decision on appeal. The court shall consider the record and any evidence presented; may approve or set aside the Commissioner's decision in whole or in part, as justice may require; and may refer any matter or issue arising in the proceedings to the Commissioner for further consideration. In no case shall such an appeal operate as a stay unless the Commissioner or the court to which the appeal is taken so orders.

(c) Certifying record. The Commissioner may provide to the court the record by filing either the original papers or duly certified copies of them together with a certified statement of any other facts that show the grounds of the action appealed from.

(d) Hearing. The court may take evidence or may appoint a referee to take such evidence as it may direct. A referee that is appointed shall submit a report to the court of all evidence taken together with findings of fact.

(e) Costs. In any proceedings under this subchapter, the court may award any costs it determines to be equitable and just.

(f) Appeal; Supreme Court. The decision of the Superior Court may be appealed to the Supreme Court.
21 V.S.A. § 1456 — VT Code / Title 21 / Chapter 17 / Section 1456
§ 1456. Modification
Status: in_force

An approved STC plan may be modified by the employer with the approval of the Commissioner. If the hours of work are increased or decreased substantially beyond the level in the original plan, or any other conditions are changed substantially, the Commissioner shall approve or disapprove such modifications. The expiration of the original plan shall not change. If the substantial modifications do not meet the requirements for approval, the Commissioner shall disallow that portion of the plan in writing as specified in subsection 1455(a) of this title.
21 V.S.A. § 640 — VT Code / Title 21 / Chapter 9 / Section 640
§ 640. Medical benefits; assistive devices; home and automobile modifications
Status: in_force

(a) An employer subject to the provisions of this chapter shall furnish to an injured employee reasonable surgical, medical, and nursing services and supplies, including prescription drugs and durable medical equipment. The employer shall provide assistive devices and modification to vehicles and residences reasonably necessary to permit an injured worker who is determined to have or expected to suffer a permanent disability, such as an ambulatory disability as defined in 20 V.S.A. § 2900 or blindness as defined in 20 V.S.A. § 2900, that substantially and permanently prevents or limits the worker's ability to continue to live at home or perform basic life functions. In determining what devices and modifications are reasonably necessary, consideration shall be given to factors that include ownership of the residence to be modified, the length of time the worker is expected to utilize and benefit from the devices or modifications, and the extent to which the devices or modifications enhance or improve the worker's independent functioning. The employer shall also furnish reasonable hospital services and supplies, including surgical, medical, and nursing services while the injured employee is confined in a hospital for treatment and care.

(b) An employer may designate the treating health care provider to initially treat an injured employee immediately following a compensable injury. Thereafter, the employee may select another health care provider upon giving the employer written notice of the employee's reasons for dissatisfaction with the health care provider designated by the employer and the name and address of the health care provider selected by the employee. The Commissioner may permit an employer to refuse to reimburse a health care provider selected by the employee if notice required in this subsection is not provided to the employer unless the failure to provide notice is due to excusable neglect or inadvertence.

(c) An employer shall not withhold any wages from an employee for the employee's absence from work for treatment of a work injury or to attend a medical examination related to a work injury. If the employee selects a new health care provider in accordance with subsection (b) of this section, the employer shall have the right to require other medical examinations as provided in this chapter.

(d) The liability of the employer to pay for medical, surgical, hospital, and nursing services and supplies, prescription drugs, and durable medical equipment provided to the injured employee under this section shall not exceed the maximum fee for a particular service, prescription drug, or durable medical equipment as provided by a schedule of fees and rates prepared by the Commissioner. The reimbursement rate for services and supplies in the fee schedule shall include consideration of medical necessity, clinical efficacy, cost-effectiveness, and safety, and those services and supplies shall be provided on a nondiscriminatory basis consistent with workers' compensation and health care law. The Commissioner shall authorize reimbursement at a rate higher than the scheduled rate if the employee demonstrates to the Commissioner's satisfaction that reasonable and necessary treatment, prescription drugs, or durable medical equipment is not available at the scheduled rate. An employer shall establish direct billing and payment procedures and notification procedures as necessary for coverage of medically-necessary prescription medications for chronic conditions of injured employees, in accordance with rules adopted by the Commissioner.

(e)(1) In the case of a work-related, first-aid-only injury, the employer shall file the first report of injury with the Department of Labor. The employer shall file the first report of injury with the workers' compensation insurance carrier or pay the medical bill within 30 days after the injury.

(2) If the employer contests a claim, a first report of injury shall be forwarded to the Department of Labor and the insurer within five days after notice.

(3) If additional treatment or medical visits are required or if the employee loses more than one day of work, the claim shall be promptly reported to the workers' compensation insurer, which shall adjust the claim.

(4) “Work-related, first-aid-only-treatment” means any one-time treatment that generates a bill for less than $750.00 and for which the employee loses no time from work except for the time for medical treatment and recovery not to exceed one day of absence from work.
21 V.S.A. § 155 — VT Code / Title 21 / Chapter 3 / Section 155
§ 155. Liability
Status: in_force

This subchapter shall not be construed to relieve any person that owns, operates, controls, maintains, erects, constructs, installs, alters, inspects, tests, or repairs any elevator or other conveyance covered by this subchapter from liability for damages to persons or property caused by any defect in any conveyance.
21 V.S.A. § 342 — VT Code / Title 21 / Chapter 5 / Section 342
§ 342. Weekly payment of wages
Status: in_force

(a)(1) Any employer that is doing business within the State shall pay each week, in lawful money or checks, the wages earned by each employee to a day not more than six days prior to the date of payment.

(2) Notwithstanding subdivision (1) of this subsection, any employer having one or more employees that is doing business within the State may, either:

(A) after giving notice to each employee, pay biweekly or semimonthly, in lawful money or checks, each employee the wages earned by the employee to a day not more than six days prior to the date of payment; or

(B) pursuant to the terms of a collective bargaining agreement pay any employee who is subject to that agreement the wages earned by the employee to a day not more than 13 days prior to the date of payment.

(3)(A) An employee of a school district or supervisory union may elect in writing to have a set amount or set percentage of the employee's after-tax wages withheld by the school district in a district-held bank account each pay period. The percentage or amount withheld shall be determined by the employee.

(B) At the option of the employee, the school district or supervisory union shall disburse the funds to the employee in either a single payment at the time the employee receives the employee's final paycheck of the school year or in equal weekly or biweekly sums beginning at the end of the school year.

(C)(i) The school district or supervisory union shall disburse funds from the account in any sum as requested by the employee and, at the end of the school year or at the employee's option over the course of the period between the current and next school year, or upon separation from employment, shall remit to the employee any remaining funds, including interest earnings, held in the account.

(ii) For employees in a bargaining unit organized pursuant to either chapter 22 of this title or 16 V.S.A. chapter 57, the school district or supervisory union shall implement this election in a manner consistent with the provisions of this subdivision and as determined through negotiations under those chapters.

(iii) For employees not in a bargaining unit, the school district or supervisory union shall, determine the manner in which to implement the provisions of this subdivision.

(b) An employee who:

(1) voluntarily leaves employment shall be paid on the last regular pay day, or if there is no regular pay day, on the following Friday;

(2) is discharged from employment shall be paid within 72 hours of discharge;

(3) is absent from his or her regular place of employment on the employer's regular scheduled date of wages or salary payment shall be entitled to payment upon demand.

(c) With the written authorization of an employee, an employer may pay wages due the employee by any of the following methods:

(1) Deposit through electronic funds transfer or direct deposit to a checking, savings, or other deposit account maintained by or for the employee in any financial institution within or outside the State.

(2) Credit to a payroll card account, other than a checking, savings, or other deposit account described in subdivision (1) of this subsection, that is directly or indirectly established by an employer in a federally insured depository institution to which electronic fund transfers of the employee's wages, salary, or other compensation are made on a recurring basis, provided all the following:

(A) The employer provides the employee written disclosure in plain language, in at least 10-point type, of both the following:

(i) all the employee's wage payment options; and

(ii) the terms and conditions of the payroll card account option, including a complete list of all known fees that may be deducted from the employee's payroll card account by the employer or the card issuer and whether third parties may assess fees in addition to the fees assessed by the employer or issuer.

(B) The employee voluntarily consents in writing to payment of wages by payroll card account after receiving the disclosures described in subdivision (A) of this subdivision (c)(2), and the employee's consent is not a condition of hire or continued employment.

(C) The employer ensures that the payroll card account provides that during each pay period, the employee has at least three free withdrawals from the payroll card, one of which permits withdrawal of the full amount of the balance at a federally insured depository institution or other location convenient to the place of employment.

(D) None of the employer's costs associated with the payroll card account are passed on to the employee, and the employer does not receive any financial remuneration for using the pay card at the employee's expense.

(E)(i) At least 21 days before any change takes effect, the employer provides the employee with written notice in plain language, in at least 10-point type, of the following:

(I) any change to any of the terms and conditions of the payroll card account, including any changes in the itemized list of fees; and

(II) the employee's right to discontinue receipt of wages by a payroll card account at any time and without penalty.

(ii) The employer may not charge the employee any additional fees until the employer has notified the employee in writing of the changes.

(F) The employer provides the employee the option to discontinue receipt of wages by a payroll card account at any time and without penalty to the employee.

(G) The payroll card issued to the employee shall be a branded-type payroll card that complies with both the following:

(i) Can be used at a PIN-based or a signature-based outlet.

(ii) The payroll card agreement prevents withdrawals in excess of the account balance and to the extent possible protects against the account being overdrawn.

(H) The employer ensures that the payroll card account provides one free replacement payroll card per year at no cost to the employee before the card's expiration date. A replacement card need not be provided if the card has been inactive for a period of at least 12 months or the employee is no longer employed by the employer.

(I) A nonbranded payroll card may be issued for temporary purposes and shall be valid for not more than 60 days.

(J) The payroll card account shall not be linked to any form of credit, including a loan against future pay or a cash advance on future pay.

(K) The employer shall not charge the employee an initiation, loading, or other participatory fee to receive wages payable in an electronic fund transfer to a payroll card account, with the exception of the cost required to replace a lost, stolen, or damaged payroll card.

(L) The employer shall ensure that the payroll card account provides to the employee, upon the employee's written or oral request, one free written transaction history each month that includes all deposits, withdrawals, deductions, or charges by any entity from or to the employee's payroll card account for the preceding 60 days. The employer shall also ensure that the account allows the employee to elect to receive the monthly transaction history by electronic mail.

(d)(1) If a payroll card account is established with a financial institution as an account that is individually owned by the employee, the employer's obligations and the protections afforded under subsection (c) of this section shall cease 30 days after the employer-employee relationship ends and the employee has been paid the employee's final wages.

(2) Upon the termination of the relationship between the employer and the employee who owns the individual payroll card account:

(A) the employer shall notify the financial institution of any changes in the relationship between the employer and employee; and

(B) the financial institution holding the individually owned payroll card account shall provide the employee with a written statement in plain language describing a full list of the fees and obligations the employee might incur by continuing a relationship with the financial institution.

(e) The Department of Financial Regulation may adopt rules to implement subsection (c) of this section.

(f) The employer shall provide to the employee copies of the written disclosures required by subdivisions (c)(2)(A) and (E) and by subsection (d) of this section in the employee's primary language or in a language the employee understands
21 V.S.A. § 1730 — VT Code / Title 21 / Chapter 22 / Section 1730
§ 1730. Restrictions on strikes
Status: in_force

(a) A strike shall not be prohibited unless:

(1) it occurs sooner than 30 days after the delivery of a factfinder's report to the parties pursuant to subsection 1732(e) of this title;

(2) it occurs after both parties have voluntarily submitted a dispute to final and binding arbitration, or after a decision or award has been issued by the arbitrator; or

(3) it will endanger the health, safety, or welfare of the public.

(b) A municipal employer may petition for an injunction or other appropriate relief from the Superior Court within the county wherein such strike in violation of this section is occurring or is about to occur.

(c) A municipality in which a strike is permitted under this section shall not permanently replace employees who participate in a strike.
21 V.S.A. § 493 — VT Code / Title 21 / Chapter 5 / Section 493
§ 493. Enforcement
Status: in_force

(a) If any employer fails to comply with any of the provisions of this subchapter, the employee may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief.

(b) The Attorney General or a State's Attorney may enforce the provisions of this subchapter by bringing an action in Superior Court for legal and equitable relief and may conduct civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though a violation of this subchapter were an unfair act in commerce.
21 V.S.A. § 1204 — VT Code / Title 21 / Chapter 15 / Section 1204
§ 1204. Receipt of funds
Status: in_force

The State Treasurer is authorized to receive, on behalf of this State, all funds granted to it pursuant to 29 U.S.C. § 49 et seq.
21 V.S.A. § 1120 — VT Code / Title 21 / Chapter 13 / Section 1120
§ 1120. Deregistration of a registered apprenticeship program
Status: in_force

(a) Deregistration. Deregistration of an apprenticeship program shall occur upon the voluntary action of the sponsor by submitting a request for cancellation of the registration or by the Vermont Registered Apprenticeship Program instituting formal deregistration proceedings in accordance with this section.

(b) Deregistration at the request of the sponsor. The Vermont Registered Apprenticeship Program may cancel the registration of an apprenticeship program by written acknowledgement of such request stating the following:

(1) that the registration is cancelled at the sponsor's request, and the effective date thereof;

(2) that, within 15 business days after the date of the acknowledgment, the sponsor will notify all apprentices of the cancellation and the effective date;

(3) that the cancellation automatically deprives the apprentice of individual registration;

(4) that the deregistration of the program removes the apprentice from coverage for federal purposes that require the U.S. Secretary of Labor's approval of an apprenticeship program; and

(5) that all apprentices are referred to the Vermont Registered Apprenticeship Program for information about potential transfer to other registered apprenticeship programs.

(c) Deregistration by the Vermont Registered Apprenticeship Program upon reasonable cause.

(1)(A) Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, or administered in accordance with the program's registered provisions or with the requirements of this chapter, including:

(i) failure to provide on-the-job learning;

(ii) failure to provide related technical instruction;

(iii) failure to pay the apprentice a progressively increasing schedule of wages consistent with the apprentices' skills acquired; or

(iv) persistent and significant failure of the program to operate or perform successfully.

(B) For purposes of this section, persistent and significant failure to perform successfully occurs when a program sponsor consistently fails to register at least one apprentice, shows a pattern of poor quality assessment results over a period of several years, demonstrates an ongoing pattern of very low completion rates over a period of several years, or shows no indication of improvement in the areas identified by the Vermont Registered Apprenticeship Program during a review process as requiring corrective action.

(C) Where it has been determined that the program is not being operated in accordance with the registered standards or with the requirements of this chapter, the Vermont Registered Apprenticeship Program shall notify the program sponsor in writing.

(2) A notice of deregistration sent to the program sponsor's contact person shall:

(A) be sent by registered or certified mail, with return receipt requested;

(B) state the shortcomings and the remedy required; and

(C) state that a determination of reasonable cause for deregistration will be made unless corrective action is effected within 30 business days after receiving the notice.

(3) Upon request by the sponsor for good cause, the 30-business-day term may be extended for another 30 business days. During the period for corrective action, the Vermont Registered Apprenticeship Program shall assist the sponsor in every reasonable way to achieve conformity.

(4) If the required correction is not completed within the allotted time, the Vermont Registered Apprenticeship Program shall send a notice to the sponsor, by registered or certified mail, return receipt requested, stating the following:

(A) the notice is sent under this section;

(B) the deficiencies that were called to the sponsor's attention, the remedial measures requested, with the dates of the occasions and letters, and that the sponsor has failed or refused to take corrective action;

(C) based upon the stated deficiencies and failure to remedy them, a determination has been made that there is reasonable cause to deregister the program and the program may be deregistered unless, within 15 business days following the receipt of this notice, the sponsor requests a hearing with the Vermont Registered Apprenticeship Program; and

(D) if the sponsor does not request a hearing, the entire matter will be submitted to the Commissioner for a decision on the record with respect to registration.

(5) Every order of deregistration shall contain a provision that the sponsor, within 15 business days after the effective date of the order, notify all registered apprentices of the deregistration of the apprenticeship program, the effective date thereof, that the cancellation automatically deprives the apprentice of individual registration, that the deregistration removes the apprentice from coverage for Federal purposes that require the Secretary of Labor's approval of an apprenticeship program, and that all apprentices are referred to the Vermont Registered Apprenticeship Program for information about potential transfer to other apprenticeship programs.

(d) Reinstatement. An apprenticeship program deregistered under this section may be reinstated upon presentation to the Vermont Registered Apprenticeship Program of adequate evidence that the apprenticeship program is operated in accordance with this chapter.
21 V.S.A. § 680 — VT Code / Title 21 / Chapter 9 / Section 680
§ 680. Preferences
Status: in_force

All rights of compensation granted by the provisions of this chapter shall have the same preference or priority against the assets of the employer or the property of any persons described in subsection 687(b) of this title as is allowed by 9 V.S.A. § 1972.
21 V.S.A. § 1462 — VT Code / Title 21 / Chapter 17 / Section 1462
§ 1462. Period of dormancy
Status: in_force

On July 1, 2020, the Short-Time Compensation Program established pursuant to sections 1451–1461 of this subchapter ceased operation. Effective upon completion of the project to implement a modernized information technology system for the unemployment insurance program in 2026, the Short-Time Compensation Program shall resume operation pursuant to the provisions of sections 1451–1461 of this subchapter.
21 V.S.A. § 442 — VT Code / Title 21 / Chapter 5 / Section 442
§ 442. Posting notices of hours of labor
Status: in_force

An employer shall post in a conspicuous place in the place in which a child is employed a printed notice describing permitted and prohibited operations, occupations, and machines at which a child may be employed, stating the number of hours' work permitted on each day of the week, the hours of commencing and stopping work, and the hours when the time allowed for meals begins and ends. The printed forms of this notice shall be provided by the Commissioner.
21 V.S.A. § 4 — VT Code / Title 21 / Chapter 1 / Section 4
§ 4. Duties as to employment and payment of wages
Status: in_force

The Commissioner or the Commissioner's agent shall make examinations and investigations to see that the laws pertaining to the employment of minors and the weekly payment of wages are being complied with and for such purposes may enter any place where persons are employed.
21 V.S.A. § 306 — VT Code / Title 21 / Chapter 5 / Section 306
§ 306. Public policy of the State of Vermont; employment separation agreements
Status: in_force

In support of the State's fundamental interest in protecting the safety of minors and vulnerable adults, as defined in 33 V.S.A. § 6902, it is the policy of the State that no confidential employment separation agreement shall inhibit the disclosure to prospective employers and responsible licensing entities of factual information about a prospective employee's background that would lead a reasonable person to conclude that the prospective employee has engaged in conduct jeopardizing the safety of a minor or vulnerable adult. Any provision in an agreement entered into on or after June 3, 2010 that attempts to do so is void and unenforceable.