21 V.S.A. § 210 — VT Code / Title 21 / Chapter 3 / Section 210
§ 210. Penalties
Status: in_force

(a) Upon issuance of a citation under this chapter, the Review Board is authorized to assess civil penalties for grounds provided in this subsection. In assessing civil penalties, the Review Board shall follow to the degree practicable the federal procedures prescribed in rules adopted under the Act. The Review Board shall give due consideration to the appropriateness of the penalty with respect to the size of the business or operation of the employer being assessed, the gravity of the violation, the good faith of the employer, and the history of previous violations. Civil penalties shall be paid to the Commissioner for deposit with the State Treasurer, and may be recovered in a civil action in the name of the State of Vermont brought in any court of competent jurisdiction. The Commissioner shall not reduce the assessed penalties in any fiscal year by more than 50 percent.

(1) Any employer that willfully or repeatedly violates the requirements of this Code or any standard or rule adopted, or order issued pursuant to this Code may be assessed a civil penalty of not more than $126,749.00 for each violation, but not less than $5,000.00 for each willful violation.

(2) Any employer that has received a citation for a serious violation of the requirements of this Code, or any standard or rule adopted, or order issued pursuant to this Code, shall be assessed a civil penalty of up to $12,675.00 for each violation.

(3) Any employer that has received a citation for a violation of the requirements of this Code, or any standard or rule adopted, or order issued pursuant to this Code, if the violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to $12,675.00 for each such violation.

(4) Any employer that fails to correct a violation for which a citation has been issued within the period permitted for its correction, which period shall not begin to run until the date of the final order of the Review Board, in the case of any review proceeding under section 226 of this title initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than $12,675.00 for each day during which the failure or violation continues.

(5) Any employer that willfully violates any standard or rule adopted, or order issued pursuant to this Code, and that violation caused death to any employee, shall, upon conviction, be punished by a fine of not more than $126,749.00 or by imprisonment for not more than one year, or by both.

(6) Any person who gives advance notice of any inspection to be conducted under this Code, without authority from the Commissioner or Director or designees, shall, upon conviction, be punished by a fine of not more than $ 1,000.00 or by imprisonment for not more than six months, or by both.

(7) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Code shall, upon conviction, be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six months, or by both.

(8) Any employer that violates any of the posting requirements, as prescribed under the provisions of this Code, shall be assessed a civil penalty of up to $12,675.00 for each violation.

(9)(A) As provided under the federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and the Act, the penalties provided in subdivisions (1), (2), (3), (4), (5), and (8) of this subsection (a) shall annually, on January 1, be adjusted to reflect the increase in the Consumer Price Index, CPI-U, U.S. City Average, not seasonally adjusted, as calculated by the U.S. Department of Labor or successor agency for the 12 months preceding the previous December 1.

(B) The Commissioner shall calculate and publish the adjustment to the penalties on or before January 1 of each year, and the penalties shall apply to fines imposed on or after that date.

(b) For purposes of this section, a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use, in such place of employment unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
21 V.S.A. § 204 — VT Code / Title 21 / Chapter 3 / Section 204
§ 204. Rules and procedure
Status: in_force

(a) 3 V.S.A. chapter 25, relating to administrative procedure, shall apply to this chapter and the VOSHA Code.

(b) All or part of a printed publication of standards or rules, including standards promulgated under the Act, may be made a rule or part of a rule adopted under this chapter or the VOSHA Code, by reference in the rule to the printed publication by its title and where it may be procured at the time the rule is adopted under this chapter.
21 V.S.A. § 660a — VT Code / Title 21 / Chapter 9 / Section 660a
§ 660a. Electronic filing of reports of injury
Status: in_force

(a) As used in this section:

(1) “Electronic data interchange” or “EDI technology” means the computer-to-computer exchange of business transactions in a standardized structured electronic format.

(2) “Implementation plan” means the written document prepared by an insurance carrier specifying a timetable for reporting by EDI.

(3) “Reporter” means the insurer who is responsible for reporting injuries to the Department.

(b) When an insurance carrier uses electronic data interchange processes and technology, the level of record detail in the report shall be equivalent to that required in a written paper record.

(c) Each insurance carrier shall transmit data elements by electronic data interchange to the Department. An insurance carrier shall provide complete, valid, accurate data for the data as required by this section. Each electronic transmission of data shall include appropriate header and trailer records.

(d) In order to begin EDI reporting, an insurance carrier shall submit to the Commissioner an implementation plan pursuant to rules adopted by the Department.

(e) All first reports of injury shall be filed by the insurance carrier electronically. The Commissioner may grant an insurance carrier a variance if the insurance carrier documents to the satisfaction of the Commissioner that compliance would cause the insurance carrier “undue hardship,” which, for the purposes of this section, means significant difficulty or expense.
21 V.S.A. § 2 — VT Code / Title 21 / Chapter 1 / Section 2
§ 2. Cooperation with United States
Status: in_force

With the written approval of the Governor, the Commissioner of Labor is authorized and empowered to cooperate and contract in the name and on behalf of the State with the U.S. Department of Labor in the work of inspection and investigation under the federal Fair Labor Standards Act and to accept grants and assistance from the U.S. Department of Labor for such inspection and investigation.
21 V.S.A. § 514 — VT Code / Title 21 / Chapter 5 / Section 514
§ 514. Administration of tests
Status: in_force

An employer may request an applicant for employment or an employee to submit to a drug test pursuant to this subchapter, provided the drug testing is performed in compliance with all the following requirements:

(1) Drugs to be tested. The test shall be administered only to detect the presence of alcohol or drugs, as defined in subdivision 511(3) of this title, at nontherapeutic levels.

(2) Written policy. The employer shall provide all persons tested with a written policy that identifies the circumstances under which persons may be required to submit to drug tests, the particular test procedures, the drugs that will be screened, a statement that over-the-counter medications and other substances may result in a positive test, and the consequences of a positive test result. The employer's policy shall incorporate all provisions of this section.

(3) Blood samples. An employer may not request or require that a blood sample be drawn for the purpose of administering a drug test.

(4) Designated laboratory. The employer shall use only a laboratory designated by the Department of Health.

(5) Chain of custody. The collector shall establish a chain of custody procedure for both sample collection and testing that will ensure the anonymity of the individual being tested and verify the identity of each sample and test result.

(6) Urinalysis procedure. If a urinalysis procedure is used to screen for drugs, the employer shall:

(A) require the laboratory performing the test to confirm any sample that tests positive by testing the sample by gas chromatography with mass spectrometry or an equivalent scientifically accepted method that provides quantitative data about the detected drug or drug metabolites; and

(B) provide the person tested with an opportunity, at the person's request and expense, to have a blood sample drawn at the time the urine sample is provided and preserved in such a way that it can be tested later for the presence of drugs.

(7) Laboratory reports. A laboratory may report that a urine sample is positive only if both the initial test and confirmation test are positive for the particular drug. Test results shall only be provided by written report in accordance with subdivision (9) of this section.

(8) Negative test results. The detection of a drug at a therapeutic level as defined by the Commissioner of Health shall be reported as a negative test result. The laboratory's report shall not contain any information indicating the presence of a drug at a therapeutic level as defined by the Commissioner.

(9) Information to be supplied. The laboratory shall provide the medical review officer with a written report of the drug test result. The medical review officer shall review the report and discuss the results and options available with the individual tested. The written report shall include all of the following information:

(A) the unique identifier code of the person tested;

(B) the type of test conducted for both initial screening and confirmation;

(C) the results of each test;

(D) the detection level, meaning the cut-off or measure used to distinguish positive and negative samples, on both the initial screening and confirmation procedures;

(E) the name and address of the laboratory; and

(F) any other information provided by the laboratory concerning that person's test.

(10) Preservation of samples. The collector shall ensure that a portion of any positive sample is preserved in a condition that will permit accurate retesting for a period of not less than 90 days after the person tested receives the result.

(11) Medical review officer. The employer shall contract with or employ a certified medical review officer who shall be a licensed physician with knowledge of the medical use of prescription drugs and the pharmacology and toxicology of illicit drugs. The medical review officer shall review and evaluate all drug test results, ensure compliance with this section and sections 515 and 516 of this subchapter, report the results of all tests to the individual tested, and report only confirmed drug test results to the employer.

(12) Collector. The employer shall designate a collector to collect specimens from job applicants and employees. The collector may be an employee for the purposes of collecting specimens from job applicants. The collector may not be an employee for the purposes of collecting specimens from employees for drug testing based on probable cause.
21 V.S.A. § 205 — VT Code / Title 21 / Chapter 3 / Section 205
§ 205. Variances
Status: in_force

(a) In cases involving a workplace, the Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance from a standard or any provision of a standard adopted in a rule, under the same terms, conditions, and criteria as the Secretary of Labor may under sections 6(b)(6) and (d) of the Act.

(b) The Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance, tolerance, or exemption to and from any or all provisions of the VOSHA Code as found necessary and proper to avoid serious impairment of the national defense. The action shall not be taken without the written consent of a federal official authorized to make such variation, tolerance, or exemption to and from any or all provisions of the Act.
21 V.S.A. § 1373 — VT Code / Title 21 / Chapter 17 / Section 1373
§ 1373. General penalty; administrative
Status: in_force

A person who violates a provision of this chapter or any lawful rule of the Board, for which no other penalty is provided, shall be assessed an administrative penalty of not more than $5,000.00.
21 V.S.A. § 1332 — VT Code / Title 21 / Chapter 17 / Section 1332
§ 1332. Review by Board; Supreme Court appeal
Status: in_force

(a) The Board, upon an application filed or on its own motion, within the time specified in section 1331 of this subchapter, shall, on notice to interested parties, review the decision of the referee.

(b) Before rendering its decision, the Board may order the taking of additional evidence by the referee or, in its discretion, the Board may hear additional evidence to be made a part of the record in the case.

(c) Upon the basis of evidence previously submitted in the case and any additional evidence the Board may take or direct to be taken, the Board may affirm, modify, or reverse the findings and conclusions of the referee and shall render its decision.

(d) The parties shall be promptly notified electronically or by ordinary or certified mail of the findings of fact, conclusions, and decision of the Board. The decision of the Board shall be final unless it is appealed to the Supreme Court.
21 V.S.A. § 208 — VT Code / Title 21 / Chapter 3 / Section 208
§ 208. Imminent danger
Status: in_force

(a) Whenever the Commissioner finds that any workplace is in violation of any portion of the VOSHA Code or this chapter and that the violation creates a dangerous condition that can be reasonably expected to cause imminent death or serious physical harm, the Commissioner may order the workplace or any portion of the workplace to be immediately closed or order that steps be taken to avoid, correct, or remove the imminently dangerous conditions. The Commissioner may permit the presence of individuals necessary to avoid, correct, or remove the imminent danger, or to maintain the capacity of a continuous process operation to resume normal operations without complete cessation of operations, or where a cessation of operations is necessary, to permit it to be accomplished in a safe and orderly manner. On two business days' notice to the Commissioner, an order issued under this section may be contested by filing a petition in Superior Court requesting dissolution or modification of the order. In that event, the court shall proceed to hear and to make an expeditious determination.

(b) In the event the court vacates or otherwise invalidates the Commissioner's order based upon a finding of willful misconduct or gross negligence, the court may determine the amount of damages suffered by the employer on account of the issuance of the order and shall enter judgment in that amount for the employer.

(c) Any employer who violates an order of the Commissioner issued pursuant to subsection (a) of this section shall be fined not more than $5,000.00 per day.

(d) Notice of orders issued under this section shall be served by certified mail with return receipt requested or in person to all parties who have a recorded interest in the property where land records for the property are recorded, including owners, tenants, mortgagees, attaching creditors, lien holders, and public utilities or water companies serving the premises.
21 V.S.A. § 504 — VT Code / Title 21 / Chapter 5 / Section 504
§ 504. Income from vending facilities and machines
Status: in_force

(a) All net income from a vending facility on State property shall accrue to the person who is blind or visually impaired and licensed to operate that facility.

(b) All net income from vending machines not placed within vending facilities on State property shall accrue to the Division.

(c) Income that accrues to the Division under this subchapter shall be used to:

(1) maintain or enhance the vending facilities program;

(2) provide benefit programs, including health insurance or pension plans for licensed persons who are blind or visually impaired who operate vending facilities; and

(3) provide vocational rehabilitation services for persons who are blind or visually impaired.
21 V.S.A. § 662 — VT Code / Title 21 / Chapter 9 / Section 662
§ 662. Agreements; required payments in absence of
Status: in_force

(a)(1) If the employer and an injured employee or the dependents of a deceased employee enter into an agreement regarding compensation payable under the provisions of this chapter, a memorandum of the agreement shall be filed with the Commissioner. If approved by the Commissioner, the agreement shall be enforceable and subject to modification as provided by sections 668 and 675 of this chapter. The Commissioner shall approve such an agreement only when the terms of the agreement conform to the provisions of this chapter.

(2)(A) A compromise agreement may be approved by the Commissioner when the Commissioner determines that the best interests of the employee or the dependents will be served by it.

(B) A compromise settlement during pendency of an appeal to Superior Court or to Supreme Court shall be effective only with the approval of the Commissioner in accordance with this section.

(b)(1) In the absence of an agreement pursuant to subsection (a) of this section, the employer or insurance carrier shall notify the Commissioner and the employee in writing that the claim is denied and the reasons for the denial.

(2) Upon the employee's application for a hearing under section 663 of this chapter, within 60 days after, the Commissioner shall review the evidence upon which the denial is based. If the evidence does not reasonably support the denial, the Commissioner shall order that payments be made until a hearing is held and a decision is rendered.

(3) Payments pursuant to this subsection shall not be deemed an admission of liability by the employer nor shall such payments preclude subsequent agreement under subsection (a) of this section or prejudice the rights of either party to hearing or appeal under this chapter.

(4) If the Commissioner's decision, after a hearing, is that the employee was not entitled to any or all benefits paid between the initial denial and the final decision, upon request of the employer, the Commissioner may order that the employee repay all benefits to which the employee was not entitled. The employer may enforce a repayment order in any court having jurisdiction of the amount involved.

(5) Nothing in this section shall require the Commissioner to order payments pending a hearing if the Commissioner concludes that the benefit at issue is not compensable regardless of the lack of evidence supporting the denial.

(6) For the purposes of this section, any written communication by an unrepresented claimant that questions the denial of any benefit shall be deemed to be an application for hearing under section 663 of this chapter.

(c)(1) Whenever payment of a compensable claim is refused on the basis that another employer or insurer is liable, the Commissioner, after notice to interested parties and a review of the claim, but in no event later than 30 days, shall order that payments be made by one employer or insurer until a hearing is held and a decision is rendered.

(2) For the purposes of this review, the employer or insurer at the time of the most recent personal injury for which the employee claims benefits shall be presumed to be the liable employer or insurer and shall have the burden of proving another employer's or insurer's liability.

(3) Payments pursuant to this subsection shall not be deemed an admission or conclusive finding of an employer's or insurer's liability nor shall payments preclude subsequent agreement under subsection (a) of this section or prejudice the rights of either party to a hearing or appeal under this chapter.

(d) Where more than one employer or insurer may be liable for an employee's occupational disease, the employer in whose service the employee was last injuriously exposed to the hazard that caused the disease, and the insurance carrier, if any, on the risk when the employee was last exposed, shall be liable if it can be proven that the service for the last employer causally contributed to the disease.

(e)(1) In any dispute between employers and insurers arising under subsection (c) or (d) of this section, after payment to the claimant, the Commissioner may order that the dispute be resolved through arbitration rather than the formal hearing process under sections 663 and 664 of this chapter. Qualifications for arbitrators and standards for the arbitration process shall be established by the Commissioner by rule.

(2) If arbitration is ordered, the process shall proceed as follows:

(A) The parties shall select an arbitrator from a list provided by the Commissioner.

(B) The arbitrator shall:

(i) Determine apportionment of the liability for the claim, including costs and attorney's fees, among the respective employers or insurers, or both. The apportionment may be limited to one or more parties. If the parties do not agree, the costs of arbitration may be apportioned among the parties by the arbitrator.

(ii) Issue a written decision, which shall be final.
21 V.S.A. § 156 — VT Code / Title 21 / Chapter 3 / Section 156
§ 156. Penalty
Status: in_force

(a) Any owner or lessee who violates any of the provisions of this subchapter shall be fined not more than $1,500.00 for each occurrence.

(b) The Commissioner may, after notice and hearing, assess an administrative penalty of not more than $1,000.00 for each violation of this subchapter.

(c) Any person who erects, constructs, wires, alters, replaces, or maintains any conveyance located in any public building in this State without being licensed as required by this subchapter, or who employs an unlicensed person to perform this work, shall be fined not more than $1,000.00 for each offense.
21 V.S.A. § 1461 — VT Code / Title 21 / Chapter 17 / Section 1461
§ 1461. Misrepresentation; penalties
Status: in_force

If an approved plan or any representation for implementation of the plan is intentionally and substantially misleading or false, the employer shall be liable for any amount of benefits deemed by the Commissioner to have been improperly paid from the fund as a result thereof.
21 V.S.A. § 1118 — VT Code / Title 21 / Chapter 13 / Section 1118
§ 1118. Apprenticeship program minimum enrollment; evaluation
Status: in_force

(a) Minimum number of apprentices. An apprenticeship program, including occupations registered to the program, shall have at least one registered apprentice, except for the following specified periods of time if the periods do not exceed one year:

(1) between the date when the apprenticeship program is registered and the date of registration for its first apprentice; or

(2) between the date that the apprenticeship program graduates an apprentice and the date of registration for the next apprentice or apprentices in the program.

(b) Evaluation. The Vermont Registered Apprenticeship Program shall adopt tools and factors to evaluate the performance of apprenticeship programs, including the following:

(1) quality assurance assessments;

(2) Equal Employment Opportunity compliance reviews; and

(3) completion rates.

(A)(i) To evaluate completion rates, the Vermont Registered Apprenticeship Program shall review an apprenticeship program's completion rates in comparison to the national average for completion rates.

(ii) Based on review, the Vermont Registered Apprenticeship Program may provide technical assistance to apprenticeship programs with completion rates lower than the national average.

(B) Cancellation of apprenticeship agreements during the probationary period shall not have an adverse impact on a sponsor's completion rate.
21 V.S.A. § 1729 — VT Code / Title 21 / Chapter 22 / Section 1729
§ 1729. Enforcement and review
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 Washington Superior Court or 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) Any person aggrieved by an order or decision of the Labor Relations Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court under 12 V.S.A. chapter 102 and the Vermont Rules of Appellate Procedure.

(d) 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. § 646 — VT Code / Title 21 / Chapter 9 / Section 646
§ 646. Temporary partial disability benefits
Status: repealed

(a)(1) Where the disability for work resulting from an injury is partial, beginning on the eighth day of the period of disability, the employer shall pay the injured employee a weekly compensation equal to the greater of:

(A) the difference between the amount the injured employee would be eligible to receive pursuant to section 642 of this chapter, including any applicable cost of living adjustment or dependency benefits that would be due, and the wage the injured employee earns during the period of disability; and

(B) two-thirds of the difference between the injured employee's average weekly wage before the injury and the amount the employee earns during the period of disability.

(2) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.

[Subsection (b) repealed on July 1, 2028.]

(b)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $20.00 per week for each dependent child under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.

(2) The amount allowed for dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.
21 V.S.A. § 641 — VT Code / Title 21 / Chapter 9 / Section 641
§ 641. Vocational rehabilitation
Status: repealed

(a) When as a result of an injury covered by this chapter, an employee is unable to perform work for which the employee has previous training or experience, the employee shall be entitled to vocational rehabilitation services, including retraining and job placement, as may be reasonably necessary to restore the employee to suitable employment. Vocational rehabilitation services shall be provided as follows:

(1) The employer shall designate a vocational rehabilitation provider from a list provided by the Commissioner to initially provide services. Thereafter, absent good cause, the employee may have only one opportunity to select another vocational rehabilitation provider from a list provided by the Commissioner upon giving the employer written notice of the employee's reasons for dissatisfaction with the designated provider and the name and address of the provider selected by the employee.

(2) The Department shall provide an injured worker with a form that includes information and employee rights. The form shall clearly and simply explain the worker's rights, including the choice of provider, the right to challenge a determination, and reimbursement for related expenses. The worker shall sign the form and return it to the Department.

(3) The Commissioner shall adopt rules to ensure that a worker who requests services or who has been out of work for more than 90 days is timely and cost-effectively screened for benefits under this section. The rules shall:

(A) Provide that all vocational rehabilitation work, except for initial screenings, be performed by a Vermont-certified vocational rehabilitation counselor, including counselors currently certified pursuant to the rules of the Department. Initial screenings shall be performed by an individual with sufficient knowledge or experience to perform adequately the vocational rehabilitation screening functions.

(B) Provide for an initial screening to determine whether a full assessment is appropriate. An injured worker who is determined to be eligible for a full assessment shall be timely assessed and offered appropriate vocational rehabilitation services.

(C) Provide a mechanism for a periodic and timely screening of injured workers who are initially found not to be ready or eligible for a full assessment to determine whether a full assessment has become appropriate.

(D) Protect against potential conflicts of interest in the assignment and performance of initial screenings.

(E) Ensure the injured worker has a choice of a vocational rehabilitation counselor.

(4) If services are not voluntarily offered and accepted by the employee, the Commissioner, if necessary through informal hearing, may refer the employee to a qualified physician or appropriate facility for evaluation of the practicability of, need for, and kind of service, treatment, or training necessary and appropriate to render the employee fit for a remunerative occupation. Upon receipt of findings and after affording the parties an opportunity to be heard, the Commissioner may order that the services and treatment recommended, or such other rehabilitation treatment or service the Commissioner may deem necessary be provided at the expense of the employer. When vocational rehabilitation requires residence at or near a facility or institution, away from the employee's customary residence, the reasonable cost of board, lodging, or travel, or both, shall be paid for by the employer. In addition, the employer shall pay reasonable costs of books, tools, or other basic materials required in such rehabilitation process. Refusal to accept vocational rehabilitation pursuant to an order of the Commissioner may result in loss of compensation for each week of the refusal, if the Commissioner so directs.

(5) The Commissioner may set by rule reasonable reimbursement rates for vocational rehabilitation benefits and services, provided access to vocational rehabilitation services is not diminished, and reasonable choices and access to benefits and services are maintained. The fee schedule shall require the individual vocational rehabilitation counselor who provides services to review, initial, and certify the accuracy of the billing.

(6) [Repealed.]

(b) Any person offering to provide vocational rehabilitation services to workers' compensation recipients shall register with the Department and shall possess appropriate qualification as established by the Department by rule. The Commissioner may determine that a vocational rehabilitation service provider lacks the appropriate qualifications if the provider fails to comply with the educational and training requirements established by the Commissioner and may revoke the provider's registration.

(c) Any vocational rehabilitation plan for a claimant presented to the employer shall be deemed valid if the employer was provided an opportunity to participate in the development of the plan and has made no objections or changes within 21 days after submission. A vocational rehabilitation counselor shall provide the employer with a written invitation to participate in plan development, including the date, time, and place to provide an opportunity to participate in the development of the plan, with a copy to the Department. The participation in the development of the plan may be conducted by telephone. The written notice shall be evidence of the opportunity to participate in plan development and shall be appended to the proposed plan.

(d) The Commissioner may adopt rules necessary to carry out the purpose of this section.

(e)(1) In support of the State's fundamental interest in ensuring the well-being of employees and employers, it is the intent of the General Assembly that, following a workplace accident, an employee return to work as soon as possible but remain cognizant of the limitations imposed by his or her medical condition.

(2) The Commissioner shall adopt rules promoting development and implementation of cost-effective, early return-to-work programs.
21 V.S.A. § 1387 — VT Code / Title 21 / Chapter 17 / Section 1387
§ 1387. Suspension of contributions
Status: in_force

If the Governor determines that the conditions for the suspension of the contributions required by this chapter pursuant to section 1386 of this subchapter exist because of any repeal, amendment, suspension, or declared invalidity of the Social Security Act, 42 U.S.C. chapter 7, or the Federal Unemployment Tax Act, 26 U.S.C. chapter 23, the Governor shall issue a proclamation regarding the suspension of contributions pursuant to section 1386 of this subchapter and the suspension shall become effective and continue for a period of two years after the date of the proclamation, subject to legislation amending, modifying, or repealing the proclamation during that period.
21 V.S.A. § 677 — VT Code / Title 21 / Chapter 9 / Section 677
§ 677. New hearings; when granted; procedure
Status: in_force

The Commissioner may grant a new hearing in a cause determined by him or her on the ground of newly discovered evidence when a petition, setting forth the substance of such evidence, verified by the oath of the petitioner, is presented. His or her decision in granting or denying such hearing shall be final and conclusive. If a party petitions the Commissioner for a new hearing, he or she shall give the adverse party notice of such petition by a citation signed by the Commissioner served like a summons at least 12 days before the date of such hearing. A new hearing shall not be granted on a petition unless the citation to the adverse party is served within six months after the date of the order of the Commissioner.
21 V.S.A. § 505 — VT Code / Title 21 / Chapter 5 / Section 505
§ 505. Vending facilities; operation by other than a person who is blind or visually impaired
Status: in_force

Where vending facilities on State property are operated by those other than persons who are blind or visually impaired on July 1, 1984, the contracts of these vending facilities may be renewed or extended. A person who does not intend to renew or extend such a contract shall so notify the Director of the Division in a timely manner. Within 30 days after the notice, the Director shall determine whether the vending facility is suited for operation by a person who is blind or visually impaired. If the Director determines that the facility is suited for operation by such person, preference in operation of the facility shall be given to a person who is blind or visually impaired.
21 V.S.A. § 1584 — VT Code / Title 21 / Chapter 19 / Section 1584
§ 1584. Petitions and election to rescind representative's authority
Status: in_force

(a) When 30 percent or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization requiring membership in a labor organization as a condition of employment file a petition alleging that they desire that the authority of the labor organization to make such an agreement be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof, in writing, to the labor organization and to the employer.

(b) No election shall be conducted under this section in a bargaining unit or a subdivision within which in the preceding 12 months a valid election or certification of a representative pursuant to this subchapter has occurred.
21 V.S.A. § 1631 — VT Code / Title 21 / Chapter 20 / Section 1631
§ 1631. Definitions
Status: in_force

As used in this chapter:

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

(2) “Collective bargaining” or “bargaining collectively” means the process by which the State and the exclusive representative of the independent direct support providers negotiate mandatory subjects of bargaining identified in subsection 1634(b) of this chapter, or any other mutually agreed subjects of bargaining not in conflict with State or federal law, with the intent to arrive at an agreement that, when reached, shall be legally binding on all parties.

(3) “Collective bargaining service fee” means a fee deducted by the State from the compensation of an independent direct support provider who is not a member of the exclusive representative of independent direct support providers, which is paid to the exclusive representative. The collective bargaining service fee shall not exceed 85 percent of the amount payable as dues by members of the exclusive representative, and shall be deducted in the same manner as dues are deducted from the compensation of members of the exclusive representative, and shall be used to defray the costs incurred by the labor organization in fulfilling its duty to represent independent direct support providers in their relations with the State.

(4) “Exclusive representative” means the labor organization that has been certified under this chapter and has the right to represent independent direct support providers for the purpose of collective bargaining.

(5) “Grievance” means the exclusive representative's formal written complaint regarding the improper application of one or more terms of the collective bargaining agreement, the failure to abide by any agreement reached, or the discriminatory application of a rule or regulation, which has not been resolved to a satisfactory result through informal discussion with the State.

(6) “Independent direct support provider” means any individual who provides home- and community-based services to a service recipient and is employed by the service recipient, shared living provider, or surrogate.

(7) “Labor organization” means an organization of any kind in which independent direct support providers participate and that exists, in whole or in part, for the purpose of representing independent direct support providers.

(8) “Service recipient” means a person who receives home- and community-based services under the Choices for Care Medicaid waiver, the Attendant Services Program (ASP), the Children's Personal Care Service Program, the Developmental Disabilities Services Program, or any successor program or similar program subsequently established.

(9) “Shared living provider” means a person who operates under a contract with an authorized agency and provides individualized home support for one or two people who live in his or her home. An authorized agency includes a designated agency for developmental services.

(10) “Surrogate” means a service recipient's authorized family member, legal guardian, or a person identified in a written agreement as having responsibility for the care of a service recipient.
21 V.S.A. § 1316 — VT Code / Title 21 / Chapter 17 / Section 1316
§ 1316. Furnishing data
Status: in_force

Upon request the Commissioner shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter.
21 V.S.A. § 381 — VT Code / Title 21 / Chapter 5 / Section 381
§ 381. Declaration of policy
Status: in_force

It is the declared public policy of the State of Vermont that workers employed in any occupation should receive wages sufficient to provide adequate maintenance and to protect their health, and to be fairly commensurate with the value of the services rendered.
21 V.S.A. § 1340 — VT Code / Title 21 / Chapter 17 / Section 1340
§ 1340. Computation of benefits
Status: in_force

(a) Except as provided in subchapter 2 of this chapter, the maximum total amount of benefits payable to any eligible individual during any benefit year shall not exceed the lesser of 26 times his or her weekly benefit amount or 46 percent of the total wages paid to the individual during his or her base period.

(b) An individual who is discharged by his or her last employing unit for misconduct connected with his or her work under subdivision 1344(a)(1)(A) of this title is limited to a maximum amount during the benefit year which is the lesser of the maximum amount determined under subsection (a) of this section or 23 times his or her weekly benefit amount, provided that the individual has not already received more than 23 weeks in his or her benefit year.
21 V.S.A. § 1040 — VT Code / Title 21 / Chapter 12 / Section 1040
§ 1040. Collective bargaining; interference prohibited
Status: in_force

(a) For purposes of the collective bargaining process, including the right to organize employee units based upon specific work sites, an employee leasing company shall be bound by law and liable for any violations of a collective bargaining agreement covering any of its leased employees. An employee leasing company shall not reassign leased employees or take any other action for the purpose of interfering with the terms and conditions of any collective bargaining agreement or organizational activity.

(b) Nothing in this chapter shall be construed to relieve a client company of its obligations under any applicable law or to reduce or diminish any rights of leased employees to organize or collectively bargain.
21 V.S.A. § 483 — VT Code / Title 21 / Chapter 5 / Section 483
§ 483. Use of earned sick time
Status: in_force

(a) An employee may use earned sick time accrued pursuant to section 482 of this subchapter for any of the following reasons:

(1) The employee is ill or injured.

(2) The employee obtains professional diagnostic, preventive, routine, or therapeutic health care.

(3) The employee cares for a sick or injured parent, grandparent, spouse, child, brother, sister, parent-in-law, grandchild, or foster child, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment, or accompanying the employee's parent, grandparent, spouse, or parent-in-law to an appointment related to that individual's long-term care.

(4) The employee is arranging for social or legal services or obtaining medical care or counseling for the employee or for the employee's parent, grandparent, spouse, child, brother, sister, parent-in-law, grandchild, or foster child, who is a victim of domestic violence, sexual assault, or stalking or who is relocating as the result of domestic violence, sexual assault, or stalking. As used in this section, “domestic violence,” “sexual assault,” and “stalking” shall have the same meanings as in 15 V.S.A. § 1151.

(5) The employee cares for a parent, grandparent, spouse, child, brother, sister, parent-in-law, grandchild, or foster child, because the school or business where that individual is normally located during the employee's workday is closed for public health or safety reasons.

(b) If an employee's absence is shorter than a normal workday, the employee shall use earned sick time accrued pursuant to section 482 of this subchapter in the smallest time increments that the employer's payroll system uses to account for other absences or that the employer's paid time off policy permits. Nothing in this subsection shall be construed to require an employer to permit an employee to use earned sick time in increments that are shorter than one hour.

(c) An employer may limit the amount of earned sick time accrued pursuant to section 482 of this subchapter that an employee may use to no more than 40 hours in a 12-month period.

(d)(1) Except as otherwise provided in subsection 484(a) of this subchapter, earned sick time that remains unused at the end of an annual period shall be carried over to the next annual period and the employee shall continue to accrue earned sick time as provided pursuant to section 482 of this subchapter. However, nothing in this subdivision shall be construed to permit an employee to use more earned sick time during an annual period than any limit on the use of earned sick time that is established by the employee's employer pursuant to subsection (c) of this section.

(2) If, at an employer's discretion, an employer pays an employee for unused earned sick time accrued pursuant to section 482 of this subchapter at the end of an annual period, then the amount for which the employee was compensated does not carry over to the next annual period.

(e) Upon separation from employment, an employee shall not be entitled to payment for unused earned sick time accrued pursuant to section 482 of this subchapter unless agreed upon by the employer.

(f)(1) An employee who is discharged by the employee's employer after completing a waiting period required pursuant to subsection 482(b) of this subchapter and is subsequently rehired by the same employer within 12 months after the discharge from employment shall begin to accrue and may use earned sick time without a waiting period. However, the employee shall not be entitled to retain any earned sick time that accrued before the time of the discharge unless agreed to by the employer.

(2) An employee who voluntarily separates from employment after completing a waiting period required pursuant to subsection 482(b) of this subchapter and is subsequently rehired by the same employer within 12 months after the separation from employment shall not be entitled to accrue and use earned sick time without a waiting period unless agreed to by the employer.

(g) An employer shall not require an employee to find a replacement for absences, including absences for professional diagnostic, preventive, routine, or therapeutic health care.

(h) An employer may require an employee planning to take earned sick time accrued pursuant to section 482 of this subchapter to:

(1) make reasonable efforts to avoid scheduling routine or preventive health care during regular work hours; or

(2) notify the employer as soon as practicable of the intent to take earned sick time accrued pursuant to section 482 of this subchapter and the expected duration of the employee's absence.

(i)(1) If an employee is absent from work for one of the reasons listed in subsection (a) of this section, the employee shall not be required to use earned sick time accrued pursuant to section 482 of this subchapter and the employer will not be required to pay for the time that the employee was absent if the employer and the employee mutually agree that either:

(A) the employee will work an equivalent number of hours as the number of hours for which the employee is absent during the same pay period; or

(B) the employee will trade hours with a second employee so that the second employee works during the hours for which the employee is absent and the employee works an equivalent number of hours in place of the second employee during the same pay period.

(2) Nothing in this subsection shall be construed to prevent an employer from adopting a policy that requires an employee to use earned sick time accrued pursuant to section 482 of this subchapter for an absence from work for one of the reasons set forth in subsection (a) of this section.

(j) An employer shall post notice of the provisions of this section in a form provided by the Commissioner in a place conspicuous to employees at the employer's place of business. An employer shall also notify an employee of the provisions of this section at the time of the employee's hiring.

(k) Use of earned sick time accrued pursuant to section 482 of this subchapter shall not diminish an employee's rights under sections 472 and 472a of this chapter.

(l) The provisions against retaliation set forth in section 397 of this title shall apply to this subchapter.

(m) An employer who violates this subchapter shall be subject to the penalty provisions of section 345 of this title.

(n) The Commissioner shall enforce this subchapter in accordance with the procedures established in section 342a of this title. However, the appeal provision of subsection 342a(f) shall not apply to any enforcement action brought pursuant to this subsection.
21 V.S.A. § 1583 — VT Code / Title 21 / Chapter 19 / Section 1583
§ 1583. Powers of representatives
Status: in_force

Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment. However, any individual employee or group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect, provided that the bargaining representative has been given an opportunity to be present at such adjustment.
21 V.S.A. § 1388 — VT Code / Title 21 / Chapter 17 / Section 1388
§ 1388. Invalidity of acts
Status: repealed

If the Social Security Act, 42 U.S.C. chapter 7, or the Federal Unemployment Tax Act, 26 U.S.C. chapter 23, shall be finally held and determined to be wholly invalid or shall be repealed, then this chapter shall become wholly inoperative and ineffective except that the Commissioner shall:

(1) recover any monies on deposit with the U.S. Secretary of the Treasury and redistribute all monies on hand to contributors in proportion to contributions received under the direction of a presiding judge of a Superior Court upon an action brought by the Commissioner against five or more employers; and

(2) take any other actions necessary or proper to liquidate assets and discharge the Commissioner's obligations pursuant to this chapter.
21 V.S.A. § 1112 — VT Code / Title 21 / Chapter 13 / Section 1112
§ 1112. State Apprenticeship Agency
Status: in_force

(a) The Department is the federally designated State Apprenticeship Agency and has the responsibility to oversee apprenticeship programs and apprentices in Vermont.

(b) The Department shall take all necessary steps as required and permitted by law to maintain its status as the State Apprenticeship Agency and its recognition by the federal Office of Apprenticeship under 29 C.F.R. § 29.13.
21 V.S.A. § 1471 — VT Code / Title 21 / Chapter 17 / Section 1471
§ 1471. Training benefit program
Status: in_force

(a) An individual who is otherwise eligible for benefits under this chapter, but who has exhausted his or her maximum benefit amount under section 1340 of this chapter and any other available federally funded extension, is entitled to a maximum of an additional 26 weeks of benefits in the same amount as the weekly benefit amount established in the individual's most recent benefit year if the individual is enrolled in and making satisfactory progress in either a State-approved training program or a job training program authorized under the federal Workforce Innovation and Opportunity Act.

(b) To be eligible for training benefits under this section, an individual shall be in compliance with both the following:

(1) The individual has been separated from a declining occupation or has been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment.

(2) The individual is enrolled in a program designed to train the individual for entry into a high demand occupation.
21 V.S.A. § 1734 — VT Code / Title 21 / Chapter 22 / Section 1734
§ 1734. Miscellaneous
Status: in_force

(a) Municipal employees and exclusive bargaining agents are authorized to negotiate provisions in a collective bargaining agreement calling for:

(1) Payroll deduction of employee organization dues and initiation fees.

(2) Binding arbitration of grievances involving the interpretation or application of a written collective bargaining agreement. The cost of arbitration shall be shared equally by the parties.

(b) In the event of a voluntary submission to binding arbitration by a municipal employer and an employee organization of a grievance or controversy concerning the tenure of employment of any employee, whether or not pursuant to the provisions of a collective bargaining agreement, binding arbitration shall be the exclusive procedure for determining such grievance or controversy, notwithstanding any contrary provision of any general statute, charter, special act, court decision, or ordinance.

(c) Any individual employee or group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the exclusive bargaining agent, as long as the adjustment is not inconsistent with the terms of a collective bargaining agreement and provided that the exclusive bargaining agent has been given an opportunity to be present at such adjustment.

(d) In the absence of an agreement requiring an employee to be a member of the employee organization, an employee choosing not to be a member of the employee organization shall pay the agency service fee in the same manner as employees who choose to join the employee organization pay dues. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the agency service fee.
21 V.S.A. § 449 — VT Code / Title 21 / Chapter 5 / Section 449
§ 449. General penalty
Status: in_force

A person who violates a provision of this subchapter for which another penalty is not provided shall be fined not more than $5,000.00 for each offense and, upon a subsequent conviction, may be fined or imprisoned for not more than six months, or both.
21 V.S.A. § 1366 — VT Code / Title 21 / Chapter 17 / Section 1366
§ 1366. Protection of rights and benefits; waiver of rights void
Status: in_force

No agreement by an employee to waive his or her right to benefit or any other right under this chapter shall be valid.
21 V.S.A. § 643a — VT Code / Title 21 / Chapter 9 / Section 643a
§ 643a. Discontinuance of benefits
Status: in_force

Unless an injured worker has successfully returned to work, an employer shall notify both the Commissioner and the employee prior to terminating benefits under either section 642 or 646 of this title. The notice of intention to discontinue payments shall be filed on forms prescribed by the Commissioner and shall include the date of the proposed discontinuance, the reasons for it, and, if the employee has been out of work for 90 days, a verification that the employer offered vocational rehabilitation screening and services as required under this chapter. All relevant evidence, including evidence that does not support discontinuance in the possession of the employer not already filed, shall be filed with the notice. The liability for the payments shall continue for seven days after the notice is received by the Commissioner and the employee. If the claimant disputes the discontinuance, the claimant may file with the Commissioner an objection to the discontinuance and seek an extension of 14 days. The objection to the discontinuance shall be specific as to the reasons and include supporting evidence. A copy of the objection shall be provided to the employer at the time the request is made to the Commissioner. The payments shall be made without prejudice to the employer and may be deducted from any amounts due pursuant to section 648 of this title if the Commissioner determines that the discontinuance is warranted or if otherwise ordered by the Commissioner. Every notice shall be reviewed by the Commissioner to determine the sufficiency of the basis for the proposed discontinuance. If, after review of all the evidence in the file, the Commissioner finds that a preponderance of all the evidence in the file does not reasonably support the proposed discontinuance, the Commissioner shall order that payments continue until a hearing is held and a decision is rendered. Prior to a formal hearing, an injured worker may request reinstatement of benefits by providing additional new evidence to the Department that establishes that a preponderance of all evidence now supports the claim. If the Commissioner's decision, after a hearing, is that the employee was not entitled to any or all benefits paid between the discontinuance and the final decision, upon request of the employer, the Commissioner may order that the employee repay all benefits to which the employee was not entitled. The employer may enforce a repayment order in any court of law having jurisdiction.
21 V.S.A. § 624 — VT Code / Title 21 / Chapter 9 / Section 624
§ 624. Dual liability; claims, settlement procedure
Status: in_force

(a)(1) Where the injury for which compensation is payable under the provisions of this chapter was caused under circumstances creating a legal liability to pay the resulting damages in some person other than the employer, the acceptance of compensation benefits or the commencement of proceedings to enforce compensation payments shall not act as an election of remedies, but the injured employee or the employee's personal representative may also proceed to enforce the liability of the third party for damages in accordance with the provisions of this section.

(2) If the injured employee or the employee's personal representative does not commence the action within one year after the occurrence of the personal injury, then the employer or its insurance carrier may, within the time for the commencement of actions established by statute, enforce the liability of the third party in the name of the injured employee or the employee's personal representative.

(3) Not less than 30 days before the commencement of suit by any party under this section, the party shall notify, by registered mail at their last known address:

(A) the Commissioner;

(B)(i) the injured employee; or

(ii) in the event of death, the employee's known dependents, personal representative, or known next of kin;

(C) the employee's employer; and

(D) the workers' compensation insurance carrier.

(4) Any party in interest shall have a right to join in the suit but the direction and control of the suit shall be with the injured employee.

(b) Prior to entry of judgment, either the employer or the employer's insurance carrier or the employee or the employee's personal representative may settle their claims as their interest shall appear and may execute releases for their claims. The consent of the employer, or, if insured, the insurance carrier, shall be required if the amount of the settlement by the employee or the employee's personal representative is less than the compensation benefits that would have been payable in the future but for the provisions of this section.

(c) The settlement and release by the employee shall not be a bar to action by the employer or its insurance carrier to proceed against the third party for any interest or claim it might have.

(d) In the event the injured employee or personal representative settle the claim for injury or death, or commence proceedings on the claim against the third party before the payment of workers' compensation, the recovery or commencement of proceedings shall not act as an election of remedies and any monies recovered shall be applied as provided in this section.

(e)(1)(A) In an action to enforce the liability of a third party, the injured employee may recover any amount that the employee or the employee's personal representative would be entitled to recover in a civil action. Any recovery against the third party for damages resulting from personal injuries or death only, after deducting expenses of recovery, shall first reimburse the employer or its workers' compensation insurance carrier for any amounts paid or payable under this chapter to date of recovery, and the balance shall be paid to the employee or the employee's dependents or personal representative as soon as practicable and shall be treated as an advance payment by the employer on account of any future payment of compensation benefits.

(B) Reimbursement required under this subsection (e), except to prevent double recovery, shall not reduce the employee's recovery of any benefit or payment provided by a plan or policy that was privately purchased by the injured employee, including uninsured-underinsured motorist coverage, or any other first party insurance payments or benefits.

(2)(A) Should the recovery against the third party for damages resulting from personal injuries or death only, after deducting expenses of recovery, be less than the full value of the claim for personal injuries or death, the reimbursement to the employer or workers' compensation insurance carrier shall be limited to that portion of the recovery allocated for damages covered by the Workers' Compensation Act.

(B)(i) If a court has not allocated or the parties cannot agree to the allocation of the recovered damages, either party may request that the Commissioner make an administrative determination.

(ii) Upon receiving a request, the Commissioner shall order mediation with a mediator selected from a list approved by the Commissioner.

(iii) If mediation is unsuccessful, the Commissioner may adjudicate the dispute or refer the dispute to an arbitrator approved by the Commissioner. The determination of the Commissioner or of an arbitrator approved by the Commissioner shall be final.

(iv) The cost of any mediation or arbitration shall be split equally by the parties.

(f) Expenses of recovery shall be the reasonable expenditures, including attorney's fees, incurred in effecting the recovery. Attorney's fees, unless otherwise agreed upon, shall be divided among the attorneys for the plaintiff as directed by the court. The expenses of recovery shall be apportioned by the court between the parties as their interests appear at the time of the recovery.

(g) Compensation benefits referred to in this section shall in each instance include all expenses incurred under sections 639 and 640 of this chapter.

(h) The injured employee or the employee's personal representative shall be prohibited from commencing a civil action to enforce liability against the workers' compensation insurance carrier for conducting workplace inspections, or an employer-employee safety committee except in the case of gross negligence or willful misconduct. The employee or the employee's personal representative shall have the burden of proving gross negligence or willful misconduct.

(i) The Commissioner, by rule, may require workers' compensation carriers to conduct periodic workplace inspections and to provide other safety-related advice to their insureds.

(j) The Commissioner shall determine, by rule, workplaces where an insured has demonstrated an unusually poor safety record, as defined by the Commissioner.

(k) Employers with unusually poor safety records, as defined by the Commissioner, shall create workplace safety committees with balanced representation between management and employees and, with the assistance of the Department, shall design and implement written accident prevention plans that shall be distributed to all employees. The Department shall issue bulletins of best safety practices.
21 V.S.A. § 1365 — VT Code / Title 21 / Chapter 17 / Section 1365
§ 1365. Contingent Fund
Status: in_force

(a) There is created a special fund to be known as the Contingent Fund. All interest, fines, and penalties collected under the provisions of this chapter, together with any voluntary contributions tendered as a contribution to the Contingent Fund, shall be paid into the Contingent Fund. The monies shall not be expended or available for expenditures in any manner that would permit their substitution for, or a corresponding reduction in, federal funds that would in the absence of the monies be available to finance expenditures for the administration of the unemployment compensation law.

(b) Nothing in this chapter shall prevent the monies from being used as a revolving fund to cover expenditures, necessary and proper under the law for which federal funds have been duly requested but not yet received, subject to the charging of the expenditures against the funds when received.

(c) The monies in the Contingent Fund shall be used by the Commissioner for the payment of costs of administration that are found not to have been properly and validly chargeable against federal grants, or other funds, received for or in the Unemployment Compensation Administration Fund. No expenditure of the Contingent Fund shall be made unless and until the Commissioner finds that no other funds are available or can properly be used to finance the expenditures.

(d) The State Treasurer shall co-sign all expenditures from the Contingent Fund authorized by the Commissioner.

(e) The monies in the Contingent Fund are available to replace, within a reasonable time, any monies received by this State pursuant to 42 U.S.C. § 502 that because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those necessary for the proper administration of the unemployment compensation law.

(f) The monies in the Contingent Fund shall be continuously available to the Commissioner for expenditure in accordance with the provisions of this section and shall not lapse at any time or be transferred to any other fund except as provided pursuant to this section.

(g) On December 31 of each year, all monies in excess of $10,000.00 in the Contingent Fund shall be transferred to the Unemployment Compensation Trust Fund. On or before March 31 of each year, an audit of the Contingent Fund shall be completed and a report of that audit shall be made public.

(h) In the event that a refund of interest, a fine, or a penalty is found necessary, and the interest, fine, or penalty has been deposited in the Contingent Fund, the refund shall be made from the Contingent Fund.
21 V.S.A. § 1331 — VT Code / Title 21 / Chapter 17 / Section 1331
§ 1331. Notice; hearing
Status: in_force

(a) Any employer against whom an assessment is made may, within 30 days after the date of the assessment, file with the Commissioner a petition for a hearing before a referee appointed for that purpose. The petition shall set forth specifically and in detail the grounds upon which it is claimed the assessment is erroneous.

(b) Hearing or hearings on the assessment shall be held by the referee at times and places provided by the rules of the Board and due notice of the time and place of the hearing or hearings shall be given electronically or by ordinary or certified mail to the petitioner.

(c) After the hearing, the petitioner shall be promptly notified electronically or by ordinary or certified mail of the findings of fact, conclusions, and decision of the referee.

(d) The decision of the referee shall be final unless the employer 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. § 1256 — VT Code / Title 21 / Chapter 16A / Section 1256
§ 1256. Notification to the public
Status: in_force

The Department shall take reasonable measures to provide information to the public about the Program, including publishing information on the Department's website and providing timely materials related to the Program to public agencies of the State and organizations that work with domestic and sexual violence survivors, including law enforcement, State's Attorneys, community justice centers, the Center for Crime Victim Services, the Vermont Network Against Domestic and Sexual Violence (the Network), and any others deemed appropriate by the Commissioner in consultation with the Network.
21 V.S.A. § 679 — VT Code / Title 21 / Chapter 9 / Section 679
§ 679. Fees of sheriffs and witnesses
Status: in_force

Sheriffs and witnesses shall receive the same fees for the service of process and attendance before the Commissioner as are paid sheriffs and witnesses in Superior Court.
21 V.S.A. § 1735 — VT Code / Title 21 / Chapter 22 / Section 1735
§ 1735. School districts; certified employees; teachers
Status: in_force

For the purposes of representation in, and prevention of, unfair labor practices under sections 1726-1729 of this title, a teacher who is a certified employee of a school district shall be considered a municipal employee; and any school district, which includes any public school district or any quasi-public or private elementary or secondary school within the State that directly or indirectly receives support from public funds shall be considered a municipal employer. Nothing in this section shall be taken to alter or repeal the provisions of 16 V.S.A. chapter 57, relating to labor relations for teachers, except that enforcement and review under section 1729 of this title shall not be subject to the provisions of 16 V.S.A. § 2010.
21 V.S.A. § 668 — VT Code / Title 21 / Chapter 9 / Section 668
§ 668. Modification of awards
Status: in_force

Upon the Commissioner's own motion or upon the application of any party in interest upon the ground of a change in the conditions, or whenever doubts have arisen as to the jurisdiction of the Commissioner at the time the petition was presented, the Commissioner may at any time within six years of the date of award review any award by giving at least six days' notice thereof to the parties personally, or to the attorneys appearing in the cause. On such review, the Commissioner may make an order ending, diminishing, or increasing the compensation previously awarded, subject to the maximum or minimum provided in this chapter. If it appears that the petition for hearing was presented without previous authority or that for other reason the Commissioner did not have jurisdiction in the cause, the Commissioner may make an order striking off the award, and shall state conclusions of fact and rulings of law and immediately send to the parties a copy of the award. Such a review shall not affect any money already paid.
21 V.S.A. § 495l — VT Code / Title 21 / Chapter 5 / Section 495l
§ 495l. Social media account privacy; prohibitions
Status: in_force

(a) As used in this section:

(1) “Social media account” means an account with an electronic medium or service through which users create, share, and interact with content, including videos, still photographs, blogs, video blogs, podcasts, instant or text messages, e-mail, online services or accounts, or internet website profiles or locations. “Social media account” does not include an account provided by an employer or intended to be used primarily on behalf of an employer.

(2) “Specifically identified content” means data, information, or other content stored in a social media account that is identified with sufficient particularity to distinguish the individual piece of content being sought from any other data, information, or content stored in the account. “Specifically identified content” shall not include a username, password, or other means of authentication for the purpose of accessing an employee's or applicant's social media account.

(b) An employer shall not require, request, or coerce an employee or applicant to do any of the following:

(1) disclose a username, password, or other means of authentication, or turn over an unlocked personal electronic device for the purpose of accessing the employee's or applicant's social media account;

(2) access a social media account in the presence of the employer;

(3) divulge or present any content from the employee's or applicant's social media account; or

(4) change the account or privacy settings of the employee's or applicant's social media account to increase third-party access to its contents.

(c) An employer shall not require or coerce an employee or applicant to add anyone, including the employer, to his or her list of contacts associated with a social media account.

(d) No agreement by an employee to waive his or her rights under this section shall be valid.

(e)(1) Nothing in this section shall preclude an employer from requesting an employee to share specifically identified content for the purpose of:

(A) complying with the employer's legal and regulatory obligations;

(B) investigating an allegation of the unauthorized transfer or disclosure of an employer's proprietary or confidential information or financial data through an employee's or an applicant's social media account; or

(C) investigating an allegation of unlawful harassment, threats of violence in the workplace, or discriminatory or disparaging content concerning another employee.

(2) Nothing in this section shall prohibit or restrict a law enforcement agency, as defined in 15 V.S.A. § 1151(5), from requesting or requiring:

(A) an applicant to provide access to the applicant's social media account as part of a screening or fitness determination during the hiring process; or

(B) an employee to provide access to the employee's social media account in relation to a continued fitness determination or an allegation or investigation of employee misconduct, a violation of policy, or a violation of law.

(3) Nothing in this section shall restrict or otherwise prohibit a law enforcement agency, as defined in 15 V.S.A. § 1151(5), from retaining any social media account information acquired pursuant to this subsection, provided that the information shall be protected in accordance with law and the law enforcement agency's policy.

(4) Nothing in this section shall be construed to prevent an employer from complying with the requirements of State or federal law.

(f) Nothing in this section shall preclude an employer from requesting or requiring an employee to provide a username or password that is necessary to access an employer-issued electronic device.

(g) An employer shall not discharge or in any other manner retaliate against an employee who exercises or attempts to exercise his or her rights under this section. The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section.
21 V.S.A. § 1339 — VT Code / Title 21 / Chapter 17 / Section 1339
§ 1339. Weekly benefit for partial unemployment
Status: in_force

Each eligible individual who is partially unemployed in any week shall be paid with respect to such week a partial benefit. Such partial benefit shall be an amount equal to the difference between his or her weekly benefit amount and his or her wages, as used in section 1338a of this title, for such week.
21 V.S.A. § 655 — VT Code / Title 21 / Chapter 9 / Section 655
§ 655. Procedure in obtaining compensation; medical examination; video and audio recording
Status: in_force

After an injury and during the period of disability, if so requested by his or her employer, or ordered by the Commissioner, the employee shall submit to examination, at reasonable times and within a two-hour driving radius of the residence of the injured employee, by a duly licensed physician or surgeon designated and paid by the employer. The Commissioner may in his or her discretion permit an examination outside the two-hour driving radius if it is necessary to obtain the services of a provider who specializes in the evaluation and treatment specific to the nature and extent of the employee's injury. The employee may make a video or audio recording of any examination performed by the insurer's physician or surgeon or have a licensed health care provider designated and paid by the employee present at the examination. The employer may make an audio recording of the examination. The right of the employee to record the examination shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability. If an employee refuses to submit to or in any way obstructs the examination, the employee's right to prosecute any proceeding under the provisions of this chapter shall be suspended until the refusal or obstruction ceases, and compensation shall not be payable for the period which the refusal or obstruction continues.
21 V.S.A. § 472c — VT Code / Title 21 / Chapter 5 / Section 472c
§ 472c. Leave; alleged crime victims; relief from stalking or abuse
Status: in_force

(a) As used in this section:

(1)(A) “Alleged victim” means a person who is alleged in an affidavit filed by a law enforcement official with a prosecuting attorney of competent state or federal jurisdiction to have sustained physical, emotional, or financial injury or death as a direct result of the commission or attempted commission of a crime or act of delinquency. The term “alleged victim” also includes a family member of such a person if the person:

(i) is a minor;

(ii) has been found to be incompetent;

(iii) is alleged to have suffered physical or emotional injury as a result of the violent crime or act of delinquency; or

(iv) was killed as a result of the alleged crime or act of delinquency.

(B) As used in this subdivision (a)(1):

(i) “Family member” means an individual who is not identified in the affidavit as the defendant and is the alleged victim's:

(I) child, foster child, or stepchild;

(II) ward who lives with the alleged victim;

(III) spouse, domestic partner, or civil union partner;

(IV) sibling;

(V) grandparent;

(VI) grandchild;

(VII) parent or a parent of the alleged victim's spouse, domestic partner, or civil union partner;

(VIII) legal guardian; or

(IX) an individual for whom the alleged victim stands in loco parentis or who stood in loco parentis for the alleged victim when the alleged victim was a child.

(ii) “Domestic partner” has the same meaning as in 17 V.S.A. § 2414.

(iii) “In loco parentis” means an individual for whom the alleged victim has day-to-day responsibilities to care for and financially support, or, in the case of the alleged victim, an individual who had such responsibility for the alleged victim when the alleged victim was a child.

(iv) “Violent crime” means a “listed crime” as that term is defined in 13 V.S.A. § 5301(7) and any comparable offense in another jurisdiction.

(2) “Employer” means an individual, organization, governmental body, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air, or express company doing business in or operating within this State.

(3) “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 six months for an average of at least 20 hours per week.

(b) In addition to the leave provided in section 472 of this title, an employee shall be entitled to take unpaid leave from employment for the purpose of attending a deposition or court proceeding related to:

(1) a criminal proceeding, when the employee is an alleged victim and the employee has a right or obligation to appear at the proceeding;

(2) a relief from abuse hearing pursuant to 15 V.S.A. § 1103, when the employee seeks the order as plaintiff;

(3) a hearing concerning an order against stalking or sexual assault pursuant to 12 V.S.A. § 5133, when the employee seeks the order as plaintiff; or

(4) a relief from abuse, neglect, or exploitation hearing pursuant to 33 V.S.A. chapter 69, when the employee is the plaintiff.

(c) During the leave, at the employee's option, the employee may use accrued sick leave, vacation leave, or any other accrued paid leave. Use of accrued paid leave shall not extend the leave provided pursuant to this section.

(d) The employer shall continue employment benefits for the duration of the leave at the level and under the conditions coverage would be provided if the employee continued in employment continuously for the duration of the leave. The employer may require that the employee contribute to the cost of benefits during the leave at the existing rate of employee contribution.

(e) The employer shall post and maintain in a conspicuous place in and about each of its places of business printed notices of the provisions of this section on forms provided by the Commissioner of Labor.

(f)(1) Upon return from leave taken under this section, an employee shall be offered the same or comparable job at the same level of compensation, employment benefits, seniority, or any other term or condition of the employment existing on the day leave began.

(2) This subsection shall not apply if, prior to requesting leave, the employee had been given notice or had given notice that the employment would terminate.

(3) This subsection shall not apply if the employer can demonstrate by clear and convincing evidence that during the period of leave the employee's job would have been terminated or the employee would have been laid off for reasons unrelated to the leave or the condition for which the leave was granted.

(g) An employer may adopt a leave policy more generous than the leave provided by this section. Nothing in this section shall be construed to diminish an employer's obligation to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater leave rights than the rights provided by this section. A collective bargaining agreement or employment benefit program or plan shall not diminish rights provided by this section. Notwithstanding the provisions of this section, an employee may, at the time a need for leave arises, waive some or all of the rights under this section, provided that the waiver is informed and voluntary and that any changes in conditions of employment related to the waiver shall be mutually agreed upon between the employer and the employee.

(h) Subsection (b) of this section shall not apply to an employer that provides goods or services to the general public if the employee's absence would require the employer to suspend all business operations at a location that is open to the general public.
21 V.S.A. § 221 — VT Code / Title 21 / Chapter 3 / Section 221
§ 221. State plan and cooperation
Status: in_force

The State of Vermont desires to assume responsibility for the development and enforcement of occupational safety and health standards within the State. To that end, the Commissioner shall submit plans and reports to the appropriate federal official or agency, under the provisions of the Occupational Safety and Health Act of 1970 Pub. L. No. 91-596. The Department and the Division shall cooperate with the appropriate federal agencies in carrying out the purposes of the Act and the VOSHA Code.
21 V.S.A. § 3 — VT Code / Title 21 / Chapter 1 / Section 3
§ 3. Cooperation with Attorney General and Commissioners of Financial Regulation and of Taxes; memoranda of understanding
Status: repealed

(a) The Attorney General and the Commissioner of Labor shall enter into a memorandum of understanding to establish a process for the referral of complaints received by the Commissioner of Labor to the Attorney General, the sharing of information, and the coordination of investigatory and enforcement resources in relation to the provisions of sections 346, 387, 712, and 1379 of this title. Notwithstanding any provision of 9 V.S.A. § 2460(a) to the contrary, the memorandum shall, at a minimum, provide for:

(1) notice from the Attorney General to the Commissioner of Labor regarding complaints received by the Attorney General that relate to a possible violation of the laws under the jurisdiction of the Commissioner;

(2) a procedure for the Commissioner of Labor to refer a complaint to the Attorney General if the employer complained of appears to be engaging in willful, substantial, or systemic violations of the provisions of chapter 5, subchapter 2 or 3 of this title, or chapter 9 or 17 of this title through the misclassification of employees;

(3) a requirement that the Commissioner of Labor shall, upon receiving a complaint against an employer that has been determined to have engaged in employee misclassification on two separate occasions during the past five years or is alleged to have misclassified five or more employees, refer the complaint to the Attorney General and coordinate with the Attorney General to investigate the complaint and, depending on the outcome of the investigation, seek any appropriate penalties pursuant to the provisions of this title and 9 V.S.A. §§ 2458-2461;

(4) the exchange of information and coordination of investigatory and enforcement resources between the Commissioner of Labor and the Attorney General; and

(5) compliance with the requirements of 20 C.F.R. Part 603 in relation to any information disclosed pursuant to section 1314 of this title.

(b) The Commissioner of Labor shall enter into separate memoranda of understanding with the Commissioner of Financial Regulation and the Commissioner of Taxes to establish a process for sharing information related to investigations of the misclassification and miscoding of workers pursuant to the laws under their jurisdiction. The memoranda shall provide, at a minimum, that any disclosure of information pursuant to section 1314 of this title shall comply with the requirements of 20 C.F.R. Part 603.

(c) The Attorney General shall enter into separate memoranda of understanding with the Commissioner of Financial Regulation and the Commissioner of Taxes to establish a process for sharing information related to an investigation by the Attorney General pursuant to sections 346, 387, 712, and 1379 of this title. Notwithstanding any provision of 9 V.S.A. § 2460(a) to the contrary, each memorandum shall, at a minimum, provide for the disclosure by the Attorney General of any instance in which he or she has determined that an employer has, through the misclassification of an employee, violated the provisions of chapter 5, subchapter 2 or 3 of this title or chapter 9 or 17 of this title and the basis for that determination.

(d) Nothing in this section shall be construed to prevent the Commissioner of Labor from investigating complaints of violations of the laws under his or her jurisdiction or enforcing those laws pursuant to the applicable provisions of this title.

(e) Information shared pursuant to this section shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential. Notwithstanding 1 V.S.A. § 317(e), the Public Records Act exemption created in this section shall continue in effect and shall not be repealed through the operation of 1 V.S.A. § 317(e).
21 V.S.A. § 222 — VT Code / Title 21 / Chapter 3 / Section 222
§ 222. Application
Status: in_force

The VOSHA Code shall apply with respect to employers, employees, and employment in or at a workplace in the State of Vermont, except that:

(1) standards applicable to products that are distributed or used in interstate commerce that are different from federal standards for such products shall not be adopted under the VOSHA Code unless the standards are required by compelling local conditions and do not unduly burden interstate commerce; and

(2) nothing in the VOSHA Code shall be construed to supersede or in any manner affect the workers' compensation laws of this State pursuant to chapter 9 of this title, or enlarge, diminish, or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of or in the course of employment.
21 V.S.A. § 660 — VT Code / Title 21 / Chapter 9 / Section 660
§ 660. Sufficiency of notice of injury
Status: in_force

(a) A notice given under the provisions of this chapter shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place, nature, or cause of the injury, or otherwise, unless it is shown that the employer was in fact misled to the injury as a result of the inaccuracy. Want of or delay in giving notice, or in making a claim, shall not be a bar to proceedings under the provisions of this chapter, if it is shown that the employer, the employer's agent, or representative had knowledge of the accident or that the employer has not been prejudiced by the delay or want of notice. Proceedings to initiate a claim for a work-related injury pursuant to this chapter may not be commenced after three years from the date of injury. This section shall not be construed to limit subsequent claims for benefits stemming from a timely filed work-related injury claim.

(b) Notwithstanding subsection (a) of this section, a claim for occupational disease shall be made within two years of the date the occupational disease is reasonably discoverable and apparent.
21 V.S.A. § 671 — VT Code / Title 21 / Chapter 9 / Section 671
§ 671. Jurisdiction; findings for new award
Status: in_force

The jurisdiction of the Superior Court shall be limited to a review of questions of fact or questions of fact and law certified to it by the Commissioner. Upon completion of the case in Superior Court, either after trial or upon remand from the Supreme Court, the clerk shall certify the findings of the court to the Commissioner who shall issue a new order in accordance with those findings and shall promptly send to each of the parties a copy of such order. The new order shall have all the force and effect of an award made pursuant to the provisions of sections 663 and 664 of this chapter and shall supersede the award previously made by the Commissioner.
21 V.S.A. § 669 — VT Code / Title 21 / Chapter 9 / Section 669
§ 669. Finality of award
Status: in_force

An award of the Commissioner shall, in the absence of fraud, be conclusive between the parties except as provided in section 668 of this chapter, unless the award is appealed pursuant to sections 670 and 672 of this chapter.
21 V.S.A. § 1032 — VT Code / Title 21 / Chapter 12 / Section 1032
§ 1032. Commissioner; duties; rules
Status: in_force

The Commissioner shall administer this chapter and, in consultation with the Commissioner of Financial Regulation, adopt rules to carry out the provisions of this chapter.
21 V.S.A. § 1308 — VT Code / Title 21 / Chapter 17 / Section 1308
§ 1308. Organization
Status: in_force

The Commissioner shall determine the method of procedure in accordance with the provisions of this chapter. Notwithstanding any requirement in this chapter that the Commissioner mail notices and determinations, the Commissioner may provide claimants and employers with the option to authorize communications from the Commissioner to be delivered electronically.
21 V.S.A. § 224 — VT Code / Title 21 / Chapter 3 / Section 224
§ 224. Rules and standards
Status: in_force

(a) The Commissioner shall adopt rules and standards necessary to implement the purposes and duties set forth in this subchapter insofar as they relate to safety and to enforcement of the VOSHA Code.

(b) The Commissioner, in consultation with the Secretary of Human Services, shall adopt rules and standards necessary to implement the purposes of the VOSHA Code and duties imposed by the Code, insofar as they relate to health.

(c) Any standard adopted under this section shall prescribe the use of labels or other appropriate forms of warning as are necessary to inform employees of all safety or health hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions for safe use or exposure. Where appropriate, a rule shall prescribe suitable protective clothing, devices, or equipment that shall be provided by the employer, and control or technological procedures to be used in connection with the safety or health hazard; and shall provide for monitoring or measuring employee exposure at such locations and intervals and in such manner as may be necessary for the protection of employees.

(d) Where appropriate, a standard adopted in consultation with the Secretary of Human Services may prescribe the type and frequency of medical examinations or other tests that shall be made available by an employer or at the expense of the employer, to employees exposed to health hazards in employment, in order to effectively determine whether the health of the employee is adversely affected by exposure to the hazard. In the event medical examinations are in the nature of research, as determined by the Secretary of Human Services, the examinations may be furnished at the expense of the State. The results of the examinations or tests shall be furnished only to the Secretary of Human Services, the Commissioner of Health, the Director of Occupational Health, the Commissioner of Labor, and at the request of the employee, to the employee's physician and the employee.

(e) The Commissioner, in consultation with the Secretary, in adopting standards dealing with toxic materials or harmful physical agents under this section, shall set the standard that most adequately ensures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if the employee has regular exposure to the hazard dealt with by the standard for the period of the employee's working life. Development of standards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of safety and health protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other safety and health laws. Whenever practicable, the standard adopted shall be expressed in terms of objective criteria and of the performance desired.
21 V.S.A. § 481 — VT Code / Title 21 / Chapter 5 / Section 481
§ 481. Definitions
Status: in_force

As used in this subchapter:

(1) “Employer” means any individual, organization, or governmental body, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air, or express company doing business in or operating within this State.

(2) “Combined time off” means a policy under which the employer provides time off from work for vacation, sickness, or personal reasons, and the employee has the option to use all of the leave for whatever purpose the employee chooses.

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

(4) “Earned sick time” means discretionary time earned and accrued under the provisions of this subchapter and used by an employee to take time off from work for the purposes listed in subdivisions 483(a)(1)-(5) of this subchapter.

(5) “Employee” means a person who, in consideration of direct or indirect gain or profit, is employed by an employer for an average of no less than 18 hours per week during a year. However, the term “employee” shall not include:

(A) An individual who is employed by the federal government.

(B) An individual who is employed by an employer:

(i) for 20 weeks or fewer in a 12-month period; and

(ii) in a job scheduled to last 20 weeks or fewer.

(C) An individual that is employed by the State and is exempt or excluded from the State classified service pursuant to 3 V.S.A. § 311, but not an individual that is employed by the State in a temporary capacity pursuant to 3 V.S.A. § 331.

(D) An employee of a health care facility as defined in 18 V.S.A. § 9432(8) or a facility as defined in 33 V.S.A. § 7102(2) if the employee only works on a per diem or intermittent basis.

(E) An employee of a school district, supervisory district, or supervisory union as defined in 16 V.S.A. § 11 that:

(i) is employed pursuant to a school district or supervisory union policy on substitute educators as required by the Vermont Standards Board for Professional Educators Rule 5381;

(ii) is under no obligation to work a regular schedule; and

(iii) is not under contract or written agreement to provide at least one period of long-term substitute coverage, which is defined as 30 or more consecutive school days in the same assignment.

(F) An individual who is under 18 years of age.

(G) An individual that is either:

(i) a sole proprietor or partner owner of an unincorporated business who is excluded from the provisions of chapter 9 of this title pursuant to subdivision 601(14)(F) of this title; or

(ii) an executive officer, manager, or member of a corporation or a limited liability company for whom the Commissioner has approved an exclusion from the provisions of chapter 9 of this title pursuant to subdivision 601(14)(H) of this title.

(H) An individual who:

(i) works on a per diem or intermittent basis;

(ii) works only when he or she indicates that he or she is available to work;

(iii) is under no obligation to work for the employer offering the work; and

(iv) has no expectation of continuing employment with the employer.

(6) “Paid time off policy” means any policy under which the employer provides paid time off from work to the employee that includes a combination of one or more of the following:

(A) annual leave;

(B) combined time off;

(C) vacation leave;

(D) personal leave;

(E) sick leave; or

(F) any similar type of leave.
21 V.S.A. § 1343 — VT Code / Title 21 / Chapter 17 / Section 1343
§ 1343. Conditions
Status: repealed

(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the Commissioner finds that the individual has met all of the following requirements:

(1) Has registered for work at and thereafter has continued to report at an employment office in accordance with rules adopted by the Board.

(2) Has made a claim for benefits in accordance with the provisions of section 1346 of this title.

(3)(A) Is able to work and is available for work. In determining the availability of any individual for work during any week, the Commissioner may require, in addition to registration at any employment office, that the individual participate in reemployment services or make other efforts to secure suitable work as the Commissioner reasonably requires under the circumstances and to supply proper evidence of the efforts to secure work.

(B) If, without good cause, the individual fails to comply with the requirements of subdivision (A) of this subdivision (a)(3), the individual shall be ineligible for each week the failure continues. A claimant shall not be ineligible in any week of unemployment for failure to comply with the provisions of this subdivision (a)(3) if the failure is due to an illness or disability that occurs during a week for which the individual was entitled to waiting period credit or benefit payments and after the claimant has registered for work and filed a claim for benefits and no work that would have been considered suitable but for the illness or disability has been offered after the beginning of the illness or disability.

(4) [Repealed.]

(5) Qualifies for a weekly benefit computed in accordance with section 1338 of this title.

(6) Participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and needs reemployment services pursuant to a profiling system established by the Commissioner.

(7) Is not self-employed or engaged in self-employment to the extent that it makes the individual unavailable for work.

(8) Has given written notice of resignation to the individual's employer and the employer subsequently made the termination of employment effective prior to the separation date given in the notice. Provided that the claimant could not establish good cause for leaving work pursuant to subdivision 1344(a)(2)(A) of this subchapter and was not discharged for misconduct as provided in subdivision 1344(a)(1)(A) of this subchapter or for gross misconduct as provided in subdivision 1344(a)(2)(B) of this subchapter, in no case shall unemployment benefits awarded under this subdivision exceed four weeks or extend beyond the date of separation as provided in the employee's notice to the employer.

(b) Notwithstanding any other provisions of this chapter, any otherwise eligible claimant regularly attending a training course or program approved for the claimant by the Commissioner shall be deemed to be available for work and while attending the course and making satisfactory progress in the training shall not be denied benefits solely because of attendance at the course or because of the claimant's refusal of an offer of suitable work. Benefits paid to an eligible claimant regularly attending a training course or program approved pursuant to this subsection for any unemployment following the claimant's refusal of an offer of suitable work, shall not be charged against the experience rating record of any employer, but shall be charged to the Fund.

(c) Benefits are payable on the basis of service in employment as defined in subdivisions 1301(6)(A)(ix) and (x) of this subchapter, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this chapter, except that:

(1) With respect to services performed in an instructional, research, or principal administrative capacity for an educational institution, benefits shall not be payable on the basis of such services for any week of unemployment commencing during the period between two successive academic years or terms (or, when an agreement provides instead for a similar period between two regular but not successive terms, during such period) or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if the individual performs such services in the first of the academic years or terms and if there is a contract or reasonable assurance that the individual will perform services in any such capacity for any educational institution in the second of the academic years or terms.

(2) With respect to services performed in any other capacity for an educational institution, benefits shall not be payable on the basis of such services to any individual for any week of unemployment that commences during a period between two successive academic years or terms if the individual performs such services in the first of the academic years or terms and there is a reasonable assurance that the individual will perform such services for any educational institution in the second of the academic years or terms, except that if benefits are denied to any individual under this subdivision and the individual was not offered an opportunity to perform such services for the educational institution for the second of the academic years or terms, the individual shall be entitled to a retroactive payment of the benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision.

(3) With respect to any services described in subdivision (1) or (2) of this subsection, benefits shall not be payable on the basis of services in any such capacities to any individual for any week that commences during an established and customary vacation period or holiday recess if the individual performs such services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform such services in the period immediately following the vacation period or holiday recess.

(4) With respect to any services described in subdivision (1) or (2) of this subsection, benefits shall not be payable on the basis of services in any such capacities as specified in subdivisions (1), (2), and (3) of this subsection to any individual who performed such services in an educational institution while in the employ of an educational service agency. As used in this subdivision, the term “educational service agency” means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

(d) Notwithstanding any other provision of this chapter, any otherwise eligible claimant who was separated from employment due to an accident or injury resulting in a temporary total disability for which the claimant received workers' compensation benefits under chapter 9 of this title shall be entitled to receive, after the termination of the period of temporary total disability, benefits that would have been available at the time of separation from employment. Payment of benefits for any week under this section shall be made only if, at the time the claimant files the initial claim, the claimant was not monetarily eligible for benefits under subsection 1338(d) of this subchapter and the claim is filed within six months after the termination of the period of temporary total disability.

(e) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week that commences during the period between two successive sport seasons, or similar periods, if the individual performed such services in the first of the seasons, or similar periods, and there is a reasonable assurance that the individual will perform such services in the later of the seasons, or similar periods.

(f)(1) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of 8 U.S.C. § 1182(d)(5). Provided, that any modifications to the provisions of 26 U.S.C. § 3304(a)(14) as provided by Pub. L. No. 94-566 that specify other conditions or other effective date than stated in this section for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under state law as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, shall be deemed applicable under the provisions of this section.

(2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

(3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his or her alien status shall be made except upon a preponderance of the evidence.
21 V.S.A. § 1422 — VT Code / Title 21 / Chapter 17 / Section 1422
§ 1422. Regular and extended benefits
Status: in_force

Except when the result would be inconsistent with the other provisions of this subchapter the provisions of this chapter that apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.
21 V.S.A. § 1622 — VT Code / Title 21 / Chapter 19 / Section 1622
§ 1622. Prevention of unfair labor practices
Status: in_force

(a) The Board may prevent any person from engaging in any unfair labor practice listed in section 1621 of this title. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon such person a complaint stating the charges in that respect and containing a notice of hearing before the Board at a place and time therein fixed at least seven days after the complaint is served. The Board may amend the complaint at any time before it issues an order based thereon. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing such charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of his or her discharge.

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

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

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

(e) In determining whether a complaint shall issue alleging a violation of subdivision 1621(a)(1) or (2) of this title, and in deciding such cases, the same rules of decision shall apply irrespective of whether or not labor organization affected is affiliated with a labor organization national or international in scope.

(f) No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to him or her of any back pay, if such individual was suspended or discharged for cause.

(g) Until the record in a case shall have been filed in a court, as provided pursuant to section 1623 of this chapter, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it.
21 V.S.A. § 1116 — VT Code / Title 21 / Chapter 13 / Section 1116
§ 1116. Ratios
Status: in_force

(a) Ratios; variances.

(1)(A) Except as otherwise provided in this section, the ratio of apprentices to journey-workers shall be 1:1.

(B) For each apprentice who completes 2,000 hours of on-the-job training, the ratio may increase to 2:1.

(C) The ratio shall not exceed two apprentices for each journey-worker unless a variance to the ratio is approved by the Commissioner.

(D) Variances shall not be permitted for youth apprenticeships.

(2)(A) A sponsor or an employer may request to modify the ratio of journey-worker to apprentices for one or more years of an apprenticeship program.

(B) The request shall be in writing and include the following information:

(i) the capacity of the employer to maintain the quality of supervision of on-the-job training set forth in their program standards with added apprentices;

(ii) the impact of higher ratios on the learning experience of existing apprentices and steps taken to ensure that apprentices are not disadvantaged in the quality of their on-the-job learning, mentoring, and supervision by higher ratios; and

(iii) an occupational safety analysis that describes the specific risks to apprentices, journey-workers, and the general public and what steps will be taken to mitigate each risk.

(3)(A) The Commissioner, with advice from the Director, the Director of the Vermont Occupational Safety and Health Administration, and the Board shall review the request and respond in writing within 90 days after receipt of the request.

(B) In evaluating a request, the Commissioner may affirm or modify a ratio upon a determination that the new ratio:

(i) will not endanger the safety of apprentices or the journey-worker; and

(ii) will not materially impair the quality of the on-the-job training.

(4) Nothing in this section shall be construed as prohibiting a sponsor or employer from establishing a ratio that permits or requires more than one journey-worker for each apprentice or as invalidating a collective bargaining agreement that permits or requires more than one journey-worker for each apprentice.

(5)(A) In a period of emergency declared by the Governor, the Commissioner may approve a higher ratio for one or more employers or sponsors without the need for an individual written request. The Commissioner shall receive advice from the Board prior to issuing a blanket ratio variance under this subsection.

(B) When the period of emergency expires, any ratio variances approved by the Commissioner under this subdivision (5) shall terminate and the sponsor shall comply with the requirements of this section governing ratios.

(b) National Program Standards programs. Employers who participate in a National Apprenticeship Standards Program whose approved ratio is greater than 1:1 shall operate under the State's default 1:1 ratio requirement unless a variance is approved under this section.
21 V.S.A. § 672 — VT Code / Title 21 / Chapter 9 / Section 672
§ 672. Appeals to the Supreme Court
Status: in_force

If an appeal is not taken under the provisions of section 670 of this chapter within the time provided, either party may transfer the cause to the Supreme Court. The jurisdiction of the Court shall be limited to a review of questions of law certified to it by the Commissioner. On such an appeal or on an appeal taken as provided in sections 670 and 671 of this chapter and coming to the Supreme Court on appeal from Superior Court, the Supreme Court may render final judgment and award execution, or may remand the cause to the Superior Court or to the Commissioner for further findings or for a new order by the Commissioner in accordance with the mandate of the Court. The Court shall, by general rules, prescribe the procedure to be followed in the case of such appeals.
21 V.S.A. § 694 — VT Code / Title 21 / Chapter 9 / Section 694
§ 694. Knowledge of employer to affect insurance carrier
Status: in_force

Policies and contracts of insurance under this chapter shall contain provisions providing that:

(1) notice or knowledge of the occurrence of an injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the insurance carrier;

(2) jurisdiction of the employer shall, for the purpose of this chapter, be jurisdiction of the insurance carrier; and

(3) the insurance carrier shall in all things be bound by and subject to the orders, findings, decisions, or awards rendered against the employer for the payment of compensation under the provisions of this chapter.
21 V.S.A. § 644 — VT Code / Title 21 / Chapter 9 / Section 644
§ 644. Permanent total disability
Status: in_force

(a) In case of the following injuries, the disability caused thereby shall be deemed total and permanent:

(1) the total and permanent loss of sight in both eyes;

(2) the loss of both feet at or above the ankle;

(3) the loss of both hands at or above the wrist;

(4) the loss of one hand and one foot;

(5) an injury to the spine resulting in permanent and complete paralysis of both legs or both arms or of one leg and of one arm; and

(6) an injury to the skull resulting in severe traumatic brain injury causing permanent and severe cognitive, physical, or psychiatric disabilities.

(b) The enumeration in subsection (a) of this section is not exclusive, and, in order to determine disability under this section, the Commissioner shall consider other specific characteristics of the claimant, including the claimant's age, experience, training, education, and mental capacity.
21 V.S.A. § 1251 — VT Code / Title 21 / Chapter 16A / Section 1251
§ 1251. Purpose
Status: in_force

The purpose of the domestic and sexual violence survivors' transitional employment program is to provide temporary, partial wage replacement to individuals who must leave employment, without good cause attributable to the employer, because of circumstances directly resulting from domestic violence, sexual assault, or stalking.
21 V.S.A. § 417 — VT Code / Title 21 / Chapter 5 / Section 417
§ 417. Administrative penalty
Status: in_force

An employer who fails to give notice as required by subsection 413(b) or 414(b) of this subchapter shall be subject to an administrative penalty of $500.00 for each day that the employer was deficient in the notice to the Department. The Commissioner may waive the administrative penalty if the employer:

(1) demonstrates good cause under subsection 414(b) of this subchapter;

(2) pays to all affected employees the amounts for which the employer is liable under section 415 of this title within 30 days from the date the employer enacts the business closing or mass layoff; and

(3) pays to all affected employees any unpaid wage and compensation owed to any laid-off worker, as required under this title.
21 V.S.A. § 1502 — VT Code / Title 21 / Chapter 19 / Section 1502
§ 1502. Definitions
Status: repealed

As used in this chapter:

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

(2) “Chair” means the Chair of the Board.

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

(4) “Collective bargaining” or “bargaining collectively” means the process of negotiating terms, tenure, or conditions of employment between one or more employers and representatives of employees with the intent to arrive at an agreement that, when reached, shall be reduced to writing.

(5) “Collective bargaining unit” means the employees of an employer being either all of the employees, the members of a craft, or the employees of a plant or subdivision thereof.

(6) “Employee” includes any employee, and is not limited to the employees of a particular employer unless this chapter explicitly states otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice and who has not obtained any other regular and substantially equivalent employment, but does not include an individual:

(A) employed as an agricultural laborer;

(B) employed by the individual's parent or spouse;

(C) [Repealed.]

(D) having the status of an independent contractor;

(E) employed as a supervisor;

(F) employed by an employer subject to the Railway Labor Act, 45 U.S.C. §§ 151–165; or

(G) employed by any other person who is not an employer as defined in subdivision (7) of this section.

(7) “Employer” means any person employing five or more employees and any person acting as an agent of an employer, employing five or more employees, directly or indirectly, but does not include:

(A) the United States or any wholly owned government corporation or any federal reserve bank;

(B) this State or any political subdivision of this State or any incorporated or interstate school district;

(C) any person subject to the Railway Labor Act, 45 U.S.C. §§ 151–165;

(D) any labor organization, other than when acting as an employer, or anyone acting in the capacity of officer or agent of a labor organization; or

(E) a person operating a hospital or a nursing home, if no part of the net earnings inures to the benefit of a private individual or shareholder.

(8) “Labor dispute” includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

(9) “Labor organization” means an organization of any kind or any agency or any employee representation committee or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employees concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

(10) “Person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

(11) “Professional employee” means:

(A) any employee engaged in work:

(i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work;

(ii) involving the consistent exercise of discretion and judgment in its performance;

(iii) of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and

(iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or

(B) any employee who:

(i) has completed the courses of specialized intellectual instruction and study described in subdivision (A)(iv) of this subdivision (11); and

(ii) is performing related work under the supervision of a professional person to qualify to become a professional employee as defined in subdivision (A) of this subdivision (11).

(12) “Representatives” includes any individual or labor organization.

(13) “Supervisor” means an individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment.

(14) “Agency 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 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.
21 V.S.A. § 699 — VT Code / Title 21 / Chapter 9 / Section 699
§ 699. Employees not to pay for insurance
Status: in_force

An agreement by an employee to pay any portion of the cost of insurance of any kind maintained or carried by an employer for the purpose of securing compensation under the provisions of this chapter shall be void. An employer who makes a deduction for such purpose from the wages or salary of an employee entitled to the benefits of this chapter shall be fined not more than $500.00.
21 V.S.A. § 495j — VT Code / Title 21 / Chapter 5 / Section 495j
§ 495j. Criminal history records; employment applications
Status: in_force

(a) Except as provided in subsection (b) of this section, an employer shall not request criminal history record information on its initial employee application form. An employer may inquire about a prospective employee's criminal history record during an interview or once the prospective employee has been deemed otherwise qualified for the position.

(b)(1) An employer may inquire about criminal convictions on an initial employee application form if the following conditions are met:

(A)(i) the prospective employee is applying for a position for which any federal or State law or regulation creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses; or

(ii) the employer or an affiliate of the employer is subject to an obligation imposed by any federal or State law or regulation not to employ an individual, in either one or more positions, who has been convicted of one or more types of criminal offenses; and

(B) the questions on the application form are limited to the types of criminal offenses creating the disqualification or obligation.

(2) An employer shall be permitted to inquire about criminal convictions on an initial employee application form pursuant to subdivision (1) of this subsection even if the federal or State law or regulation creating an obligation for the employer or its affiliate not to employ an individual who has been convicted of one or more types of criminal offenses also permits the employer or its affiliate to obtain a waiver that would allow the employer or its affiliate to employ such an individual.

(c) If an employer inquires about a prospective employee's criminal history record information, the prospective employee, if still eligible for the position under applicable federal or State law, must be afforded an opportunity to explain the information and the circumstances regarding any convictions, including postconviction rehabilitation.

(d) An employer who violates the provisions of this section shall be assessed a civil penalty of up to $100.00 for each violation.

(e) As used in this section:

(1) “Criminal history record” has the same meaning as set forth in 20 V.S.A. § 2056a.

(2) “Employee” has the same meaning as set forth in section 495d of this chapter.

(3) “Employer” has the same meaning as set forth in section 495d of this chapter.
21 V.S.A. § 497 — VT Code / Title 21 / Chapter 5 / Section 497
§ 497. Purpose
Status: in_force

The purpose of this subchapter is to carry on a continuing program to promote the employment of people with disabilities in Vermont by creating statewide interest in the rehabilitation and employment of people with disabilities and by obtaining and maintaining cooperation with all public and private groups and individuals in this field. (1963, No. 200, § 1, eff. June 29, 1963; amended 1991, No. 168 (Adj. Sess.), § 2.)
21 V.S.A. § 1426 — VT Code / Title 21 / Chapter 17 / Section 1426
§ 1426. Beginning and termination of extended benefit period
Status: in_force

(a) Whenever an extended benefit period is to become effective in this State, as a result of a State “on” indicator, or an extended benefit period is to be terminated in this State as a result of a State “off” indicator, the Commissioner shall make an appropriate public announcement.

(b) Computations required by the provisions of section 1421 of this subchapter shall be made by the Commissioner, in accordance with regulations prescribed by the U.S. Secretary of Labor.
21 V.S.A. § 1739 — VT Code / Title 21 / Chapter 22 / Section 1739
§ 1739. Annual list of employees in bargaining unit
Status: in_force

(a) Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.

(b) The list shall include, as appropriate, each employee's name, work location, job classification, and contact information. As used in this section, “contact information” includes an employee's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.

(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.

(d) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.
21 V.S.A. § 448 — VT Code / Title 21 / Chapter 5 / Section 448
§ 448. Duty of person having control of child
Status: in_force

A person having control of a child shall not allow the child to be employed contrary to a provision of this subchapter.
21 V.S.A. § 394 — VT Code / Title 21 / Chapter 5 / Section 394
§ 394. Penalties
Status: in_force

(a) An employer or any officer or agent of an employer, who pays, permits to be paid, or agrees to pay to any employee less than the applicable rate to which the employee is entitled pursuant to this subchapter, shall be assessed a civil penalty of not more than $100.00 for each day the employee is paid less than the rate required pursuant to this subchapter.

(b) An employer or an officer or agent of an employer, shall be assessed a civil penalty of not more than $100.00 for any of the following:

(1) failing to keep the records required pursuant to this subchapter;

(2) refusing to permit the Commissioner to enter the place of business; or

(3) failing to furnish records to the Commissioner upon demand.
21 V.S.A. § 472 — VT Code / Title 21 / Chapter 5 / Section 472
§ 472. Leave
Status: in_force

(a)(1) During any 12-month period, an employee shall be entitled to take unpaid leave for a period not to exceed 12 weeks:

(A) for parental leave;

(B) for family leave;

(C) for safe leave; or

(D) for a qualifying exigency.

(2) During any 12-month period, an employee may use up to two weeks out of the 12 weeks of leave available pursuant to subdivision (1) of this subsection for bereavement leave, with not more than five workdays to be taken consecutively.

(b) During the leave, at the employee's option, the employee may use accrued sick leave, vacation leave, any other accrued paid leave, or short-term disability insurance. Utilization of accrued paid leave or short-term disability insurance shall not extend the leave provided pursuant to this section.

(c) The employer shall continue employment benefits for the duration of the leave at the level and under the conditions coverage would be provided if the employee continued in employment continuously for the duration of the leave. The employer may require that the employee contribute to the cost of the benefits during the leave at the existing rate of employee contribution.

(d) The employer shall post and maintain in a conspicuous place in and about each of the employer's places of business printed notices of the provisions of this subchapter on forms provided by the Commissioner of Labor.

(e)(1) An employee shall give the employer reasonable written notice of intent to take leave under this section. Notice shall include the date the leave is expected to commence and the estimated duration of the leave. If the leave is for a family member, the employer may request documentation identifying the qualifying family relationship.

(2) In the case of the adoption or birth of a child, an employer shall not require that notice be given more than six weeks prior to the anticipated commencement of the leave.

(3) In the case of an unanticipated serious health condition, a miscarriage, an unanticipated need for safe leave, a premature birth, the death of a family member, or a short-notice qualifying exigency, the employee shall give the employer notice of the commencement of the leave as soon as practicable.

(4)(A) In the case of a serious health condition of the employee or a member of the employee's family, an employer may require certification from a health care provider to verify the condition and the amount and necessity for the leave requested.

(B) An employer may require an employee to provide documentation of the need for safe leave. An employee may provide documentation from any one of the following sources:

(i) a court or a law enforcement or other government agency;

(ii) a domestic violence, sexual assault, or stalking assistance program;

(iii) a legal, clerical, medical, or other professional from whom the employee, or the employee's family member, received counseling or other assistance concerning domestic violence, sexual assault, or stalking; or

(iv) a self-attestation by the employee describing the circumstances supporting the need for safe leave; no further corroboration shall be required unless otherwise mandated by law.

(C) An employer may require an employee to provide documentation of the need for bereavement leave. An employee may provide any of the following forms of documentation:

(i) a death certificate;

(ii) a published obituary; or

(iii) a written notice or verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious organization, or governmental agency.

(D) An employer may require an employee to provide documentation of the need for leave for a qualifying exigency as set forth in 29 C.F.R. § 825.309.

(E) An employer shall not disclose any private medical information or information relating to a safe leave that the employer receives pursuant to this subdivision (4) except to the extent the disclosure is permitted by law and:

(i) consented to by the employee in writing;

(ii) required pursuant to a court order; or

(iii) required pursuant to State or federal law.

(5) An employee may return from leave earlier than estimated upon approval of the employer.

(6) An employee shall provide reasonable notice to the employer of the need to extend leave to the extent provided by this subchapter.

(f) Upon return from leave taken under this subchapter, an employee shall be offered the same or comparable job at the same level of compensation, employment benefits, seniority, or any other term or condition of the employment existing on the day leave began. This subsection shall not apply if, prior to requesting leave, the employee had been given notice or had given notice that the employment would terminate. This subsection shall not apply if the employer can demonstrate by clear and convincing evidence that:

(1) during the period of leave the employee's job would have been terminated or the employee laid off for reasons unrelated to the leave or the condition for which the leave was granted; or

(2) the employee performed unique services and hiring a permanent replacement during the leave, after giving reasonable notice to the employee of intent to do so, was the only alternative available to the employer to prevent substantial and grievous economic injury to the employer's operation.

(g)(1) An employer may adopt a leave policy more generous than the leave policy provided by this subchapter.

(2)(A) Nothing in this subchapter shall be construed to diminish an employer's obligation to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater leave rights than the rights provided by this subchapter.

(B) A collective bargaining agreement or employment benefit program or plan may not diminish rights provided by this subchapter.

(3) Notwithstanding the provisions of this subchapter, an employee may, at the time a need for parental or family leave arises, waive some or all the rights under this subchapter, provided the waiver is informed and voluntary and any changes in conditions of employment related to any waiver shall be mutually agreed upon between employer and employee.

(h) Except for the serious health condition of the employee or safe leave when the employee is the victim or alleged victim, an employee who does not return to employment with the employer who provided the leave shall return to the employer the value of any compensation that the employer paid to or on behalf of the employee during the leave, except payments for accrued leave.
21 V.S.A. § 512 — VT Code / Title 21 / Chapter 5 / Section 512
§ 512. Drug testing of applicants; prohibitions; exceptions
Status: in_force

(a) General prohibition. Except as provided in subsection (b) of this section, an employer or an employment agency shall not, as a condition of employment, do any of the following:

(1) request or require that an applicant for employment take or submit to a drug test;

(2) administer or attempt to administer a drug test to an applicant for employment; or

(3) request or require that an applicant for employment consent, directly or indirectly, to a practice prohibited under this subchapter.

(b) Exception. An employer may require an applicant for employment to submit to a drug test only if all of the following conditions are met:

(1) Conditional offer of employment. The applicant has been given an offer of employment conditioned on the applicant receiving a negative test result.

(2) Notice. The applicant received written notice of the drug testing procedure and a list of the drugs to be tested. The notice shall also state that therapeutic levels of medically prescribed drugs tested will not be reported. The notice required under this subdivision may not be waived by the applicant.

(3) Administration. The drug test is administered in accordance with section 514 of this title.
21 V.S.A. § 496a — VT Code / Title 21 / Chapter 5 / Section 496a
§ 496a. State funds; union organizing
Status: in_force

An employer that is the recipient of a grant of State funds in a single grant of more than $1,000.00 shall certify to the State that none of the funds will be used to interfere with or restrain the exercise of an employee's rights with respect to unionization and upon request shall provide records to the Secretary of Administration that attest to such certification.
21 V.S.A. § 1646 — VT Code / Title 21 / Chapter 20 / Section 1646
§ 1646. Annual list of independent direct support providers in bargaining unit
Status: in_force

(a) Annually, or on a more frequent basis if mutually agreed to by the State and the exclusive representative, the State shall provide the exclusive representative of the independent direct support providers with a list of all independent direct support providers in the bargaining unit.

(b)(1) The list shall include, as appropriate, each independent direct support provider's name, work location, job classification, and contact information. As used in this section, “contact information” includes an independent direct support provider's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the State is in possession of such information.

(2) The list shall not include the name 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.

(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.

(d) The list shall be kept confidential by the State and the exclusive representative and shall be exempt from copying and inspection under the Public Records Act.
21 V.S.A. § 301 — VT Code / Title 21 / Chapter 5 / Section 301
§ 301. Medical examination, expense
Status: in_force

It shall be unlawful for any employer, as defined in section 302 of this title, to require any employee or applicant for employment to pay the cost of a medical examination as a condition of employment.
21 V.S.A. § 640a — VT Code / Title 21 / Chapter 9 / Section 640a
§ 640a. Medical bills; payment; dispute
Status: in_force

(a) Not later than 30 days following receipt of a bill from a health care provider for medical, surgical, hospital, nursing services, supplies, prescription drugs, or durable medical equipment provided to an injured employee, an employer or insurance carrier shall do one of the following:

(1) Pay or reimburse the bill.

(2) Provide written notification to the injured employee, the health care provider, and the Commissioner that the medical bill is contested or denied. The notice shall include specific reasons supporting the contest or denial, a description of any additional information needed by the employer or insurance carrier to determine liability for the medical bill, and a request that such information be submitted to the employer or insurance carrier within 30 days following receipt of the notice.

(b) Disputes regarding payment of a medical bill may be filed with the Commissioner by the injured employee or the health care provider. Disputes regarding payment of a medical bill or interest on that bill shall be determined by the Commissioner or, at the option of either party, be settled by arbitration in accordance with the Commercial Rules of the American Arbitration Association. The decision of an arbitrator shall be provided to the Commissioner, and the award may be entered as a judgment in a court of jurisdiction.

(c) If a medical bill was denied on the basis that the employer or insurance carrier was not provided with sufficient information to determine liability for payment pursuant to subdivision (a)(2) of this section, the employer or insurance carrier has 30 days following receipt of the additional information requested to pay or deny payment of the bill.

(d) Medical bills shall be paid within the time required in this section or according to the time requirements specified in a contract between the health care provider and the employer or insurance carrier.

(e) Interest shall accrue on an unpaid medical bill at the rate of 12 percent per annum calculated as follows:

(1) From the first calendar day following 30 days after the date the medical bill is received by the employer or insurance carrier for:

(A) a medical bill that was not denied; or

(B) a medical bill that was denied and written notice was not provided or not provided within 30 days after receipt of the medical bill.

(2) For a medical bill that was denied based on insufficient information and notice was provided in compliance with subdivision (a)(2) of this section, from the first calendar day following 30 days after receipt of additional information sufficient to determine liability for payment.

(3) For a medical bill that was denied and notice was provided in compliance with subsection (a) of this section, from the first calendar day following 30 days after the date of a final arbitration award, judgment, or administrative order awarding payment of the disputed medical bill.

(4) For a medical bill that is paid in accordance with a contract between the health care provider and the employer or insurance carrier, from the day following the contract payment period or as otherwise specified in the contract.

(f)(1) A health care provider shall submit a medical bill accompanied by medical documentation to the employer or insurance carrier within six months after the date the health care provider had actual knowledge that the services provided were related to a claim under this chapter.

(2) As used in this subsection (f), “medical documentation” means documentation that describes an injury and the treatment provided and includes all relevant treatment notes, medical records, and diagnostic codes with sufficient detail to review the medical necessity of the service and the appropriateness of the fee charged.

(3) Failure to submit the bill within six months does not bar payment unless the employer or insurance carrier is prejudiced by the delay. The Commissioner may extend the six-month limit if the Commissioner determines that the delay resulted from circumstances outside the control of the health care provider.

(g) A medical bill shall be submitted in a legible form with every field or data element relevant to the treatment completed and treatment coding that conforms to the criteria of the National Correct Coding Initiative. The medical bill shall be submitted in any one of the following electronic or paper formats:

(1) CMS 1500 or its electronic equivalent for medical services.

(2) UB04 or its electronic equivalent for hospital inpatient and outpatient services.

(3) ADA J515 or its electronic equivalent for dental services.

(h) The Commissioner may assess penalties as provided in section 688 of this title against an employer or insurance carrier that fails to comply with the provisions of this section and may also refer to the Commissioner of Financial Regulation any employer or insurance carrier that neglects or refuses to pay medical bills as required by this section.

(i) Any interest or penalty paid by an employer or insurance carrier under this chapter shall be excluded from the claims data reported pursuant to 8 V.S.A. § 4687.

(j) An employer or insurance carrier shall not impose on any health care provider any retrospective denial of a previously paid medical bill or any part of that previously paid medical bill, unless:

(1) The employer or insurance carrier has provided at least 30 days' notice of any retrospective denial or overpayment recovery or both in writing to the health care provider. The notice must include:

(A) the injured employee's name;

(B) the service date;

(C) the payment amount;

(D) the proposed adjustment; and

(E) a reasonably specific explanation of the proposed adjustment.

(2) The time that has elapsed does not exceed 12 months from the later of the date of payment of the previously paid medical bill or the date of a final determination of compensability.

(k) The retrospective denial of a previously paid medical bill shall be permitted beyond 12 months from the later of the date of payment or the date of a final determination of compensability for any of the following reasons:

(1) The employer or insurance carrier has a reasonable belief that fraud or other intentional misconduct has occurred.

(2) The medical bill payment was incorrect because the health care provider was already paid for the health services identified in the medical bill.

(3) The health care services identified in the medical bill were not delivered by the health care provider.

(4) The medical bill payment is the subject of adjustment with another workers' compensation or health insurer.

(5) The medical bill is the subject of legal action.

(l)(1) For purposes of subsections (j) and (k) of this section, for routine recoveries as described in subdivisions (A) through (J) of this subdivision (1), retrospective denial or overpayment recovery of any or all of a previously paid medical bill shall not require 30 days' notice before recovery may be made. A recovery shall be considered routine only if one of the following situations applies:

(A) duplicate payment to a health care provider for the same professional service;

(B) payment with respect to an individual for whom the employer or insurance carrier is not liable as of the date the service was provided;

(C) payment for a noncovered service, not to include services denied as not medically necessary, experimental, or investigational in nature, or services denied through a utilization review mechanism;

(D) erroneous payment for services due to employer or insurance carrier administrative error;

(E) erroneous payment for services where the medical bill was processed in a manner inconsistent with the data submitted by the health care provider;

(F) payment where the health care provider provides the employer or insurance carrier with new or additional information demonstrating an overpayment;

(G) payment to a health care provider at an incorrect rate or using an incorrect fee schedule;

(H) payment of medical bills for the same injured employee that are received by the employer or insurance carrier out of the chronological order in which the services were performed;

(I) payment where the health care provider has received payment for the same services from another payer whose obligation is primary; or

(J) payments made in coordination with a payment by a government payer that require adjustment based on an adjustment in the government-paid portion of the medical bill.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, recoveries which, in the reasonable business judgment of the employer or insurance carrier, would be likely to affect a significant volume of claims or accumulate to a significant dollar amount shall not be deemed routine, regardless of whether one or more of the situations in subdivisions (1)(A) through (J) of this subsection apply.

(3) Nothing in this subsection shall be construed to affect the time frames established in subdivision (j)(2) or subsection (k) of this section.
21 V.S.A. § 230 — VT Code / Title 21 / Chapter 3 / Section 230
§ 230. Occupational Safety and Health Review Board
Status: in_force

(a) The Occupational Safety and Health Review Board is created. It shall consist of three members who shall be appointed by the Governor, with the advice and consent of the Senate. The members of the Board shall be appointed for terms of six years, but initially in a manner so that one term expires in two years, one term in four years, and one term in six years. Thereafter, 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 on March 1 of the year in which the appointment is made. The Governor, biennially, shall designate a member of the Board to be its Chair.

(b)(1) With the approval of the Secretary of Administration, the Board may employ employees as it deems necessary, and may without such approval employ and remove a clerk and a reporter for taking and transcribing testimony in hearings before it and hearing judges that it deems necessary to hear appeals on behalf of the Board. Compensation for employees of the Board shall be fixed by the Commissioner of Human Resources.

(2) The hearing judge appointed by the Board shall hear, and make a determination upon, any proceeding instituted before the Board and any motion in connection with such a proceeding that is assigned to the hearing judge by the Chair of the Board. The hearing judge shall make a report to the Board of any determination that constitutes the hearing judge's final disposition of the proceedings. The report of the hearing judge shall become the final order of the Board within 30 days after the report is made to the Board, unless during that period, a Board member directs that the report be reviewed by the Board.

(c) Every official act of the Board shall be entered on record, and its hearings and records shall be open to the public.

(d) The Board is authorized to adopt rules as necessary for the orderly transaction of its proceedings. Unless the Board has adopted a different rule, its proceedings shall be in accordance with the rules adopted by the Supreme Court for the Superior Courts.

(e) The office of the Board shall be located in Montpelier, but proceedings shall be held at places within the State convenient to persons appearing before it.

(f) The compensation of members of the Board shall be fixed by the Commissioner of Human Resources.

(g) The Board shall be attached to the Governor's office for administrative purposes.
21 V.S.A. § 1307 — VT Code / Title 21 / Chapter 17 / Section 1307
§ 1307. Commissioner of Labor, duties and powers of
Status: in_force

The Commissioner of Labor shall administer this chapter. The Commissioner may employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she considers necessary or suitable to that end. In the discharge of his or her duties imposed by this chapter, the Commissioner 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 to the administration of this chapter.
21 V.S.A. § 654 — VT Code / Title 21 / Chapter 9 / Section 654
§ 654. Trustee in case of lump payments; appointment; expense
Status: in_force

Whenever, for any reason, the Commissioner deems it expedient, any lump sum that is to be paid as provided in section 653 of this title shall be paid by the employer to some bank, banking institution, or trust company to be appointed by the Commissioner as trustee to administer or apply the same for the benefit of the persons entitled thereto in the manner provided by the Commissioner. The payment of such money by the employer, evidenced by the receipt of the trustee, shall operate as a satisfaction of the compensation. In the appointment of such trustee preference shall be given, in the discretion of the Commissioner, to the choice of the employee or the dependents of the deceased employee. The expense of the administration of such trust shall be fixed by the Commissioner and shall be a charge upon the compensation so deposited.
21 V.S.A. § 144 — VT Code / Title 21 / Chapter 3 / Section 144
§ 144. Elevator Safety Review Board; members; duties
Status: in_force

(a) The Elevator Safety Review Board is established within the Department, and shall consist of seven members, one of whom shall be the Commissioner or designee, one of whom shall be the Commissioner of Labor or designee, and five members to be appointed by the Governor as follows: one representative from a major elevator manufacturing company; one representative from an elevator servicing company; an owner or manager of a multistoried building, in which a conveyance is installed; an elevator inspector; and an individual who actually installs, maintains, and repairs conveyances. The members appointed by the Governor shall be appointed for staggered terms of three years, and shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.

(b) The Board shall:

(1) Adopt rules regarding the following:

(A) Safety standards for the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances covered by this subchapter. At a minimum, the Board shall adopt rules that include the Safety Code for Elevators and Escalators, ASME A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Standard for the Qualification of Elevator Inspectors, ASME QEI-1. The Board shall amend the rules to include any changes or amendments to these standards within six months after the effective date of the standard changes. The Board may adopt rules to modify these standards as the Board deems necessary.

(B) Any other rule necessary to implement this subchapter.

(2) Grant variances, provided the variance provides an equal or greater level of public safety. The decision of the Board in regard to an application for a variance shall be final.

(c) The Board may:

(1) adopt rules for temporary elevator mechanic licenses in the event of an emergency; and

(2) contract with a national testing service to develop and administer licensing examinations.
21 V.S.A. § 640c — VT Code / Title 21 / Chapter 9 / Section 640c
§ 640c. Opioid usage deterrence
Status: in_force

(a) In support of the State's fundamental interest in ensuring the well-being of employees and employers, it is the intent of the General Assembly to protect employees from the dangers of prescription drug abuse while maintaining a balance between the employee's health and the employee's expedient return to work.

(b) As it pertains to workers' compensation claims, the Commissioner of Labor, in consultation with the Department of Health, the State Pharmacologist, the Vermont Board of Medical Practice, and the Vermont Medical Society, shall adopt rules consistent with the best practices governing the prescription of opioids, including patient screening, drug screening, and claim adjudication for patients prescribed opioids for chronic pain. In adopting rules, the Commissioner shall consider guidelines and standards such as the Occupational Medicine Practice Guidelines published by the American College of Occupational and Environmental Medicine and other medical authorities with expertise in the treatment of chronic pain. The rules shall be consistent with the standards and guidelines under 18 V.S.A. § 4289 and any rules adopted by the Department of Health pursuant to 18 V.S.A. § 4289.
21 V.S.A. § 1336 — VT Code / Title 21 / Chapter 17 / Section 1336
§ 1336. Lien; fee; foreclosure
Status: in_force

(a)(1) All contributions, interest, penalties, and costs thereon due and payable by an employer under the provisions of this chapter shall be a lien upon the real estate of the employer from the date a lien for the contributions, interest, penalties, and costs is entered in the land records of the town in which is located real estate of the employer.

(2) A lien for contributions, penalties, interest, and costs shall be created upon the personal property or franchises of the employer if the lien is recorded in the town clerk's office of the town in which the employer resides. If the employer is a corporation or a co-partnership, then the lien on the franchises or personal property of the employer shall be recorded in the town clerk's office in the town in which the employer has its principal place of business in the State.

(3) Liens created under this section shall show the name of the employer, and the amount of contributions and other indebtedness due to the Commissioner of Labor.

(4) A lien created under this section shall be a lien prior to all other liens except liens created for taxes due the State of Vermont, the federal government, or a town or municipality in this State and wage claims. A lien created under this section shall not be a prior lien to liens on record prior to the recording of the lien provided for by this section.

(b) There shall be paid to the town clerk by the Commissioner for recording each lien, and the discharge of a recorded lien, the fees prescribed in 32 V.S.A. § 1671. The fees shall be added to the amount due from the employer under the lien.

(c) An employer upon whose property a lien is created as provided in this section shall be given notice of the lien by ordinary or certified mail within five days after the creation of the lien.

(d) When the contributions, interest, penalties, and costs, secured by a lien in accordance with this section, remains unpaid for 90 days after the creation of the lien, the lien on personal property may be foreclosed in the same manner as provided by law for the foreclosure of mortgages on personal property; and a lien on real property may be foreclosed in the same manner as provided by law for the foreclosure of mortgages on real property. The remedy provided by this section shall be in addition, or as an alternative, to the remedy provided by section 1329 of this subchapter for the collection of unpaid contributions.

(e) In the event the employer files a written protest to the creation of the lien within 30 days after the date the lien is created, assessment proceedings as provided in sections 1329–1334 of this subchapter shall be had.

(f) If final judgment is in favor of the employer, the property of the employer shall be discharged from the lien. If final judgment is against the employer, the property under the lien shall be held to respond to the judgment rendered and may be taken in execution thereon unless the employer otherwise satisfies the execution and charges.

(g) The Commissioner shall issue and record a certificate of release of the lien if:

(1) The Commissioner finds that the liability for contributions due, together with interest, penalty, and costs, has been satisfied or has become unenforceable.

(2) There is furnished to the Commissioner a bond with surety approved by the Commissioner in a penal sum sufficient to equal the amount of contributions due, together with interest, penalty, and costs. The bond shall be conditioned upon the payment of any judgment rendered in proceedings regularly instituted by the Commissioner to enforce collection of the amount due.

(3) The Commissioner determines at any time that the interest of the State of Vermont in the property has no value.
21 V.S.A. § 1322 — VT Code / Title 21 / Chapter 17 / Section 1322
§ 1322. Reports; liability
Status: in_force

(a) Every employer shall file with the Commissioner periodic reports to disclose its liability for contributions under this chapter on forms and at times prescribed by the Commissioner.

(b)(1) Every employer subject to this chapter who sells in bulk 50 percent or more of its assets, including any stock of goods, wares, or merchandise of any kind, fixtures, machinery, equipment, buildings, or real estate, when the sale constitutes the sale of the employer's business to another shall give the Commissioner 10 days' notice of the sale before the completion of the transfer of the property.

(2) The employer shall file all contribution reports with the Commissioner to the date of the proposed transfer of property and pay all contributions, interest, and penalties due and payable. The employer shall also file the detailed quarterly wage report required by section 1314a of this subchapter covering employee wages to date of proposed transfer.

(3)(A) The Commissioner shall furnish to the employer within 10 days after the reports are filed a certificate showing that all reports have been filed and contributions, interest, and penalties have been paid to the date of the proposed transfer. If the certificate is not furnished by the Commissioner within 10 days, no liability may thereafter be imposed upon the purchaser.

(B) The employer shall present the certificate to the purchaser of the property.

(C) The failure of the purchaser to require the certificate makes the purchaser liable to the Commissioner for the unpaid contributions, interest, and penalties owed by the employer in an amount not to exceed the reasonable value of the assets purchased. The liability imposed upon the purchaser by this subsection shall be secondary to the liability of the employer.

(c) Subsection (b) of this section shall not apply to sales made under any court order or to any sales made by assignees for the benefit of creditors, executors, administrators, receivers, or any public officer in the officer's official capacity or by any officer of the court.

(d) An employing unit that has been liable otherwise than by its election to pay contributions as an employer under this chapter for any calendar year shall file reports and pay contributions for the next succeeding calendar year as the Commissioner may prescribe.
21 V.S.A. § 1423 — VT Code / Title 21 / Chapter 17 / Section 1423
§ 1423. Eligibility requirements for extended benefits
Status: in_force

(a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the Commissioner finds that with respect to the week:

(1) the individual is an exhaustee;

(2) the individual has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits;

(3) the total wages paid that established the benefit year equal or exceed one and one-half times the wages paid in the highest quarter of that base period; and

(4) the total wages paid that established the benefit year exceed 40 times the individual's most recent weekly benefit amount.

(b) Except as provided in subsection (c) of this section, an individual shall not be eligible for extended benefits for any week if:

(1) extended benefits are payable for the week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and

(2) no extended benefit period is in effect for the week in that state.

(c) Subsection (b) of this section shall not apply with respect to the first two weeks for which extended benefits are payable pursuant to an interstate claim filed under this interstate benefit payment plan to the individual from the extended compensation account established for the individual with respect to the benefit year.
21 V.S.A. § 1314 — VT Code / Title 21 / Chapter 17 / Section 1314
§ 1314. Reports and records; separation information; determination of eligibility; failure to report employment information; disclosure of information to other State agencies to investigate misclassification or miscoding
Status: repealed

(a) The Commissioner may require any employing unit to keep true and accurate records and make reports covering persons employed by it respecting employment, wages, hours, unemployment, and related matters as the Commissioner deems reasonably necessary for the effective administration of this chapter. The records shall be open to inspection and subject to being copied by the Commissioner or the Commissioner's authorized representatives at any reasonable time and as often as may be necessary.

(b) On request of the Commissioner, an employing unit shall report, within 10 days after the mailing or personal delivery of the request, employment and separation information with respect to a claimant and the wages paid to a claimant.

(c) If an employing unit fails to comply adequately with the provisions of subsection (b) of this section and section 1314a of this subchapter, the Commissioner shall determine the benefit rights of a claimant upon the available information. Prompt notice in writing of the determination shall be given to the employing unit. The employing unit may request or authorize the Commissioner to provide notice of the determination electronically. The determination shall be final with respect to a noncomplying employer as to any charges against its experience-rating record for benefits paid to the claimant before the week following the receipt of the employing unit's reply. The employing unit's experience rating record shall not be relieved of these charges, notwithstanding any other provision of this chapter, unless the Commissioner determines that failure to comply was due to unavoidable accident or mistake.

(d)(1) Except as otherwise provided in this chapter, information obtained from any employing unit or individual in the administration of this chapter and determinations as to the benefit rights of any individual shall be held confidential and shall not be disclosed or open to public inspection in any manner revealing the individual's or employing unit's identity, nor be admissible in evidence in any action or proceeding other than one arising out of this chapter, or to support or facilitate an investigation by a public agency identified in subdivision (e)(1) of this section.

(2) An individual or an individual's duly authorized agent may be supplied with information from those records to the extent necessary for the proper presentation of the individual's claims for benefits or to inform the individual of the individual's existing or prospective rights to benefits. An employing unit may be furnished with information, as the Commissioner deems proper, to enable it to fully discharge its obligations and safeguard its rights under this chapter.

(3) Automatic data processing services and systems and programming services within the Department of Labor shall be the responsibility and under the direct control of the Commissioner in the administration of this chapter and chapter 15 of this title.

(4) Notwithstanding the provisions in subdivision (3) of this subsection, the Department of Labor shall, at the request of the Agency of Administration, perform services for other departments and agencies of the State that are within the capacity of its data processing equipment and personnel, provided that the services can be accomplished without undue interference with the designated work of the Department of Labor.

(e)(1) Subject to restrictions adopted by the Board by rule, information from unemployment insurance records may be made available to any public officer or public agency of this or any other state or the federal government dealing with the administration or regulation of relief, public assistance, unemployment compensation, a system of public employment offices, wages and hours of employment, workers' compensation, misclassification or miscoding of workers, occupational safety and health, or a public works program for purposes appropriate to the necessary operation of those offices or agencies. The Commissioner may also make information available to colleges, universities, and public agencies of the State for use in connection with research projects of a public service nature and to the Vermont Economic Progress Council with regard to the administration of 32 V.S.A. chapter 105, subchapter 2, but no person associated with those institutions or agencies may disclose that information in any manner that would reveal the identity of any individual or employing unit from or concerning whom the information was obtained by the Commissioner.

(A) The Department of Labor shall participate in the income and eligibility verification procedures under the Deficit Reduction Act of 1984, Pub. L. No. 98-369, which provides for the exchange of information among state agencies administering programs funded with federal monies provided under the Temporary Assistance for Needy Families (TANF) block grant, Medicaid, Supplemental Nutrition Assistance Program (SNAP), SSI, Unemployment Compensation, and any other state program under a plan approved under Title I, X, XIV, or XVI of the Social Security Act.

(B) The Department of Labor is designated as the Vermont agency for the collection of wage records on workers covered under this chapter, as required by the Deficit Reduction Act of 1984, Pub. L. No. 98-369.

(2)(A)(i) The Department of Labor shall disclose, upon request, to officers or employees of any state or local child support enforcement agency any wage information or other information material to the location of an individual, the individual's assets, or the individual's place of employment or other source of income contained in the Department's unemployment compensation claim records with respect to an identified individual that is contained in those records.

(ii) The term “state or local child support enforcement agency” means any agency of a state or political subdivision of a state operating pursuant to a plan described in 42 U.S.C. § 654 that has been approved by the Secretary of Health and Human Services under 42 U.S.C. chapter 7, subchapter IV, part D.

(B) The requesting agency shall agree that information provided under this subsection is to be used only for the following purposes:

(i) establishing and collecting child support obligations from, and locating, individuals owing such obligations that are being enforced pursuant to a plan described in 42 U.S.C. § 654 that has been approved by the Secretary of Health and Human Services under 42 U.S.C. chapter 7, subchapter IV, part D; and

(ii) establishing parentage and expediting procedures relating to establishing parentage pursuant to 42 U.S.C. § 666.

(3)(A) The Department of Labor shall disclose, upon request, to officers and employees of the U.S. Department of Agriculture and any state agency, with respect to an identified individual, any of the following information that is contained in its records:

(i) wage information;

(ii) whether the individual is receiving, has received, or has made application for unemployment compensation and the amount of any compensation being received or to be received by the individual;

(iii) the current or most recent home address of the individual; and

(iv) whether the individual has refused an offer of employment and, if so, a description of the employment offered and the associated terms, conditions, and rate of pay.

(B) As used in this subdivision (e)(3), “state agency” means any agency described in 7 U.S.C. § 2012(s) that administers the Supplemental Nutrition Assistance Program.

(C) The requesting agency shall agree that the information shall be used only for purposes of determining the applicant's eligibility for benefits, or the amount of benefits, under the Supplemental Nutrition Assistance Program established under 7 U.S.C. chapter 51.

(D) The information shall not be released unless the requesting agency agrees to reimburse the costs involved for furnishing the information.

(E) In addition to the requirements of this subdivision, all other requirements with respect to confidentiality of information obtained in the administration of this chapter and the sanctions imposed for improper disclosure of information obtained in the administration of this chapter shall apply to the use of the information by the officers and employees of any state agency or the U.S. Department of Agriculture.

(4)(A)(i) The Department of Labor shall disclose, upon request, to officers or employees of any state or local agency charged with administering TANF, any wage information with respect to an identified individual that is contained in its records, which is necessary for the purpose of determining an individual's eligibility for aid or services or the amount of the aid or services to needy families with children.

(ii) As used in this subdivision (e)(4), “state or local agency charged with administering TANF” means any such agency administering a plan approved under 42 U.S.C. chapter 7, subchapter IV, part A.

(B) The information requested shall not be released unless the requesting TANF agency agrees to reimburse the Department of Labor for the costs involved in furnishing the information.

(C) The requesting agency shall agree that the requested information shall be used only for the purposes authorized in subdivision (e)(4)(A) of this section.

(5)(A) The Department of Labor shall disclose to officers or employees of the Federal Parent Locator Service (FPLS) or National New Hire Directory any employment, wage, and unemployment compensation claim information contained in its claim records that may be useful in locating an absent parent or the parent's employer solely for purposes of administering the child support enforcement provisions of 42 U.S.C. chapter 7, subchapter IV.

(B) The requesting Federal Parent Locator Service shall agree that the requested information shall be used only for purposes authorized in 42 U.S.C. § 503(h)(1).

(C) The information requested shall not be released unless the requesting Federal Parent Locator Service agrees to reimburse the Department of Labor for the costs involved in furnishing the requested information.

(6)(A) The Department of Labor shall disclose, upon request, to officers or employees of the Department of Housing and Urban Development (HUD) and to representatives of a public housing agency any wage information and unemployment compensation benefit information that is contained in its records with respect to an identified individual applying for or participating in any housing assistance program administered by HUD that is necessary for the purposes of determining the individual's eligibility for benefits or the amount of benefits under a HUD housing assistance program. As used in this subdivision (e)(6), the term “public housing agency” means any agency described in 42 U.S.C. § 1437a(b)(6) that is authorized to engage in or assist in the development or operation of low-income housing.

(B) HUD or the requesting public housing agency shall agree that the requested information shall be used only for purposes of determining an individual's eligibility for benefits or the amount of benefits under a HUD housing assistance program and that it will comply with the provisions of 20 C.F.R. § 603.7 and the limitations on the use of the information set forth in Pub. L. No. 100-628, § 904(c)(2).

(C) The information requested shall not be released unless the individual about whom the requested information relates has signed a consent form, approved by the Secretary of HUD, that permits the release of the requested information.

(D) The information requested shall not be released unless HUD or the requesting public housing agency agrees to reimburse the Department of Labor for the costs involved in furnishing the requested information.

(7)(A) The Department of Labor shall disclose, upon request, to officers and employees of the Vermont Center for Crime Victim Services, with respect to an identified individual, the name and address of the individual's employer.

(B) The Center and the Department shall develop an agreement that complies with 20 C.F.R. § 603.6, and the Center shall comply with the confidentiality requirements of 20 C.F.R. § 603.7.

[Subdivision (e)(8) effective until July 1, 2026; see also subdivision (e)(8) effective July 1, 2026 set out below.]

(8) The Department of Labor shall disclose, upon request:

(A) to the Attorney General and employees of the Office of the Attorney General, information necessary for the Attorney General to investigate a complaint and enforce the provisions of this chapter as provided pursuant to section 1379 of this chapter; and

(B) to the Commissioners of Financial Regulation and of Taxes and employees of the Departments of Financial Regulation and of Taxes, information necessary to investigate misclassification or miscoding of workers under the insurance and tax laws that are under their jurisdiction.

[Subdivision (e)(8) effective July 1, 2026; see also subdivision (e)(8) effective until July 1, 2026 set out above.]

(8) [Repealed.]

(f) Nothing contained in this section shall be deemed to interfere with the disclosure of certain information obtained under this chapter as provided in sections 1315, 1316, and 1317 of this title or to interfere with disclosure to the Internal Revenue Service of the U.S. Department of the Treasury or to any state for purposes of the Federal Unemployment Tax Act or for the purposes of taxation of unemployment compensation benefits paid to individuals by this Department. Information may be exchanged with the Vermont Department of Taxes for the purpose of establishing liability of employers for unemployment compensation purposes or identifying employers affected by Vermont tax laws. Information reported to the Department of Labor may be provided to the Vermont Department of Taxes for the purposes of assessment and collection of Vermont taxes, including identifying nonfilers of the State tax; locating and identifying persons in debt to the Department of Taxes; and verifying eligibility for tax credits, tax adjustments, or other tax benefits.

(g) All written or oral reports, or other communications, from an employer or the employer's workers to each other, or to the Commissioner or any of the Commissioner's agents, representatives, or employees, made in connection with the requirements and administration of this chapter or the rules adopted pursuant to this chapter, shall be absolutely privileged and shall not be made the subject matter or basis for any suit for slander or libel in any court of this State, unless they are false in fact and malicious in intent.

(h) Any employing unit that fails to report employment and separation information with respect to a claimant and wages paid to a claimant required under subsection (b) of this section shall be subject to a penalty of $100.00 for each report not received by the prescribed due date. The penalty imposed pursuant to this subsection shall be collected in the manner provided for the collection of contributions in section 1329 of this subchapter and shall be paid into the contingent fund established in section 1365 of this subchapter. If the employing unit demonstrates that its failure was due to a reasonable cause, the Commissioner may waive the penalty.
21 V.S.A. § 495d — VT Code / Title 21 / Chapter 5 / Section 495d
§ 495d. Definitions
Status: in_force

As used in this subchapter:

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

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

(3) “Employment agency” means every person, corporation, association, or governmental body representative thereof engaged in the business of advertising for advising, classifying, training, or referral of persons for employment within this State, or that at the direction of any employer advertises, locates, advises, classifies, trains, refers, or selects persons to engage in any employment.

(4) “Labor organization” means any organization or association that represents not less than five employees and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, promotions, or other terms and conditions of employment.

(5) “Individual with a disability” means any natural person who:

(A) has a physical or mental impairment that substantially limits one or more major life activities;

(B) has a history or record of such an impairment; or

(C) is regarded as having such an impairment.

(6) “Qualified individual with a disability” means:

(A) An individual with a disability who is capable of performing the essential functions of the job or jobs for which the individual is being considered with reasonable accommodation to the disability.

(B) Does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.

(7) “Physical or mental impairment” means:

(A)(i) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; or endocrine;

(ii) any mental or psychological disorder, such as developmental disability, organic brain syndrome, emotional or mental condition or psychiatric disability, and specific learning disabilities;

(B) the term “physical or mental impairment” includes diseases and conditions such as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, and drug addiction and alcoholism.

(8) “Substantially limits” means the degree that the impairment affects an individual's employability. An individual with a disability who is likely to experience difficulty in securing, retaining, or advancing in employment would be considered substantially limited.

(9) “Major life activities” means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, and receiving education or vocational training.

(10) “Has a history or record of such an impairment” means that the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more life activity.

(11) “Is regarded as having such an impairment” means that the individual:

(A) has a physical or mental impairment that does not substantially limit major life activities but that is treated by an employer as constituting such a limitation;

(B) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(C) has none of the impairments defined in subdivision (7)(A) of this section but is treated by an employer as having such an impairment.

(12)(A) “Reasonable accommodation” means the changes and modifications that can be made in the structure of a job or in the manner in which a job is performed unless it would impose an undue hardship on the employer.

(B) “Reasonable accommodation” may include:

(i) making the facilities used by the employees, including common areas used by all employees such as hallways, restrooms, cafeterias, and lounges, readily accessible to and usable by individuals with disabilities; and

(ii) job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, and other similar actions.

(C) Factors to be considered in determining whether an undue hardship is imposed by the requirement that reasonable accommodation be made for an individual with a disability include:

(i) the overall size of the employer's operation with respect to the number of employees, number and type of facilities, and size of budget; and

(ii) the cost for the accommodation needed.

(13)(A) “Sexual harassment” is a form of sex discrimination and means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, written, auditory, or visual conduct of a sexual nature when:

(i) submission to that conduct is made either explicitly or implicitly a term or condition of employment;

(ii) submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or

(iii) the conduct has the purpose or effect of interfering with an individual's work or creating an intimidating, hostile, or offensive work environment.

(B) Sexual harassment need not be severe or pervasive in order to be unlawful pursuant to this subchapter.

(14) “Pregnancy-related condition” means a limitation of an employee's ability to perform the functions of a job caused by pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

(15) “Crime victim” means any of the following:

(A) a person who has obtained a relief from abuse order issued under 15 V.S.A. § 1103;

(B) a person who has obtained an order against stalking or sexual assault issued under 12 V.S.A. chapter 178;

(C) a person who has obtained an order against abuse of a vulnerable adult issued under 33 V.S.A. chapter 69; or

(D)(i) a victim as defined in 13 V.S.A. § 5301, provided that the victim is identified as a crime victim in an affidavit filed by a law enforcement official with a prosecuting attorney of competent state or federal jurisdiction; and

(ii) shall include the victim's child, foster child, parent, spouse, stepchild or ward of the victim who lives with the victim, or a parent of the victim's spouse, provided that the individual is not identified in the affidavit as the defendant.

(16) “Harass” means to engage in unwelcome conduct based on an employee's race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, crime victim status, or physical or mental condition that interferes with the employee's work or creates a work environment that is intimidating, hostile, or offensive. In determining whether conduct constitutes harassment:

(A) The determination shall be made on the basis of the record as a whole, according to the totality of the circumstances, and a single incident may constitute unlawful harassment.

(B) Incidents that may be harassment shall be considered in the aggregate with varying types of conduct and conduct based on multiple characteristics viewed in totality rather than in isolation.

(C) Conduct may constitute harassment, regardless of whether:

(i) the complaining employee is the individual being harassed;

(ii) the complaining employee acquiesced or otherwise submitted to or participated in the conduct;

(iii) the conduct is also experienced by others outside the protected class involved in the conduct;

(iv) the complaining employee was able to continue carrying out the employee's job duties and responsibilities despite the conduct;

(v) the conduct resulted in a physical or psychological injury; or

(vi) the conduct occurred outside the workplace.

(17) “Race” includes traits associated with or perceived to be associated with race, including hair type, hair texture, hairstyles, and protective hairstyles. As used in this subdivision, the term “protective hairstyles” includes hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros, afro puffs, and other formations, as well as wigs, headwraps, and other head coverings.
21 V.S.A. § 1330 — VT Code / Title 21 / Chapter 17 / Section 1330
§ 1330. Assessment provided
Status: in_force

When any employer fails to pay any contributions or payments required under this chapter, the Commissioner shall make an assessment of contributions against the employer together with applicable interest and penalty. After making the assessment, the Commissioner shall give notice to the employer electronically or by ordinary or certified mail, and the assessment shall be final unless the employer petitions for a hearing on the assessment pursuant to section 1331 of this subchapter.
21 V.S.A. § 1205 — VT Code / Title 21 / Chapter 15 / Section 1205
§ 1205. Contractual special services
Status: in_force

The Commissioner of Labor may enter into agreements to provide customized or special services that are beyond basic services required by federal statute, provided that such services do not interfere with the Department's statutory purposes and programs. The Department may charge for services provided under this section. Charges collected under this section shall be credited to separate special funds for each type of service agreement, and shall be available to the Department to offset the costs of each type of service.
21 V.S.A. § 676 — VT Code / Title 21 / Chapter 9 / Section 676
§ 676. Revision of decrees
Status: in_force

Upon the filing with it of a certified copy of a decision of the Commissioner ending, diminishing, or increasing compensation previously awarded, a Superior Court that has rendered judgment as provided by this chapter shall revoke or modify its prior judgment so that it will conform to such decision.
21 V.S.A. § 513 — VT Code / Title 21 / Chapter 5 / Section 513
§ 513. Drug testing of employees; prohibitions; exceptions
Status: in_force

(a) General prohibition. Except as provided in subsection (c) of this section, an employer shall not, as a condition of employment, promotion, or change of status of employment, or as an expressed or implied condition of a benefit or privilege of employment, do any of the following:

(1) request or require that an employee take or submit to a drug test;

(2) administer or attempt to administer a drug test to an employee; or

(3) request or require that an employee consent, directly or indirectly, to a practice prohibited under this subchapter.

(b) Random or company-wide tests. An employer shall not request, require, or conduct random or company-wide drug tests, except when such testing is required by federal law or regulation.

(c) Exception. Notwithstanding the prohibition in subsection (a) of this section, an employer may require an individual employee to submit to a drug test if all the following conditions are met:

(1) Probable cause. The employer or an agent of the employer has probable cause to believe the employee is using or is under the influence of a drug on the job.

(2) Employee assistance program. The employer has available for the employee tested a bona fide rehabilitation program for alcohol or drug abuse and such program is provided by the employer or is available to the extent provided by a policy of health insurance or under contract by a nonprofit hospital service corporation.

(3) Employee may not be terminated. The employee may not be terminated if the test result is positive and the employee agrees to participate in and then successfully completes the employee assistance program; however, the employee may be suspended only for the period of time necessary to complete the program, but in no event longer than three months. The employee may be terminated if, after completion of an employee assistance program, the employer subsequently administers a drug test in compliance with subdivisions (1) and (4) of this subsection and the test result is positive.

(4) Administration of test. The drug test is administered in accordance with section 514 of this title.
21 V.S.A. § 618 — VT Code / Title 21 / Chapter 9 / Section 618
§ 618. Compensation for personal injury
Status: repealed

(a)(1)(A) If a worker receives a personal injury by accident arising out of and in the course of employment by an employer subject to this chapter, the employer or the insurance carrier shall pay compensation in the amounts and to the person specified pursuant to the provisions of this chapter.

(B) The compensation of a person who is under guardianship shall be paid to the person's guardian.

(2) If the injury occurred while engaged off the premises of the employer in a recreational activity that is available to the employee as part of the employee's compensation package or as an inducement to attract employees, it shall not be considered to have occurred in the course of employment unless the Commissioner finds at least one of the following:

(A) The employer derived substantial benefit from the activity, beyond that of attracting labor or improving employee health and morale.

(B) The activity was reasonably part of the employee's regular duties or undertaken to meet the expectations of the employer.

(C) The activity was undertaken at the request of the employer.

(3) [Repealed.]

(b) A worker who receives a personal injury by accident arising out of and in the course of employment with an employer who has failed to comply with section 687 of this title may elect to claim compensation under this chapter or to bring a civil action against the employer for full damages resulting from the work injury. In the civil action the employer has the burden of proving that the injury did not result from the employer's negligence and that the employer's negligence was not the proximate cause of the injury. The employer may not plead as a defense any of the following:

(1) The injury was caused by the negligence of a fellow-employee.

(2) The defense provided under 12 V.S.A. § 1036 unless the negligence was willful and with the intent of causing an injury.

(3) The employee assumed any risk in the employment.

(c) A worker shall commence a civil action under subsection (b) of this section within the three-year limitation period as provided in 12 V.S.A. § 512(4).

(d) The acceptance of any payment by an employee for a work injury shall not bar a subsequent election to pursue a civil suit under subsection (b) of this section unless the employee, with knowledge of the employee's rights, signs a written agreement waiving the right to pursue a civil action. The agreement shall be filed with and approved by the Commissioner. If the employer fails to pay any amount due and owing under the workers' compensation act, the waiver agreement shall be void and the employee may pursue a civil action.

(e) Any employee who prevails in a civil action under subsection (b) of this section shall be entitled to costs, interest from the date of filing the claim, and reasonable attorney's fees.

(f)(1) If an injured worker voluntarily consents in writing, the worker may be paid compensation benefits by means of direct deposit or an electronic prepaid benefit card account in accord with the requirements of section 342 of this title.

(2) The issuer of the card shall comply with all of the requirements and provide the holder of the card with all of the consumer protections that apply to a payroll card account under the rules implementing the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., as amended.

(3) An electronic prepaid benefit card account may be used only for weekly payment of temporary benefits and not for the payment of a lump sum award or for permanent benefits.

(4) The Commissioner, in consultation with the Commissioner of Financial Regulation, may adopt rules to implement this section.