21 V.S.A. § 650 — VT Code / Title 21 / Chapter 9 / Section 650
§ 650. Payment; average wage; computation
Status: in_force

(a)(1) Average weekly wages shall be computed in such manner as is best calculated to give the average weekly earnings of the worker during the 26 weeks preceding an injury.

(2) If, because of the shortness of the time during which the worker has been in the employment, or the casual nature of the employment, or the terms of the employment, it is impracticable to compute the rate of remuneration, average weekly wages of the injured worker may be based on the average weekly earnings during the 26 weeks previous to the injury earned by a person in the same grade employed at the same or similar work by the employer of the injured worker, or if there is no comparable employee, by a person in the same grade employed in the same class of employment and in the same district.

(3) If during the period of 26 weeks an injured employee has been absent from employment on account of sickness or suspension of work by the employer, then only the time during which the employee was able to work shall be used to determine the employee's average weekly wage.

(4) If the injured employee is employed in the concurrent service of more than one insured employer or self-insurer, the total earnings from the several insured employers and self-insurers shall be combined in determining the employee's average weekly wages, but insurance liability shall be exclusively upon the employer in whose employ the injury occurred.

(5) The average weekly wage of a volunteer firefighter, volunteer rescue or ambulance worker, volunteer reserve police officer, or volunteer as set forth in 3 V.S.A. § 1101(b)(4) who is injured in the discharge of duties as a firefighter, rescue or ambulance worker, police officer, or State agency volunteer shall be the employee's average weekly wage in the employee's regular employment or vocation, but the provisions of section 642 of this title relative to maximum weekly compensation and weekly net income rates shall apply.

(6) For the purpose of calculating permanent total or permanent partial disability compensation, the provisions relating to the maximum and minimum weekly compensation rate shall apply.

(7) If a worker at the time of the injury is regularly employed at a higher wage rate or in a higher grade of work than formerly during the 26 weeks preceding the injury and with larger regular wages, only the larger wages shall be taken into consideration in computing the worker's average weekly wages.

(b) In determining the compensation to be paid to any member of the National Guard or the Vermont State Guard, if that member is not regularly employed by some other person, it shall be assumed that the member is receiving income from a business or from other employment equivalent to wages in an amount one and one-half times the maximum compensation rate for total disability. If the wages received for the performance of duties as a member of the National Guard or Vermont State Guard exceed the wages received from a regular employer, that member shall be entitled to a rate of compensation based on wages received as a member of the National Guard or Vermont State Guard.

(c) When temporary disability, either total or partial, does not occur in a continuous period but occurs in separate intervals each resulting from the original injury, compensation shall be adjusted for each recurrence of disability to reflect any increases in wages or benefits prevailing at that time. For the purpose of computation, the adjustments shall be based upon the compensation received by a person in the same grade employed in the same class of employment and in the same district.

(d)(1) Compensation computed pursuant to this section shall be adjusted annually on 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.

(2) Temporary total or temporary partial compensation shall first be adjusted on the first July 1 following the receipt of 26 weeks of benefits.

(3) Permanent total and permanent partial compensation shall be adjusted for each July 1 following the date of injury regardless of whether indemnity benefits were paid on each intervening July 1.

(e)(1) If weekly compensation benefits or weekly accrued benefits are not paid within 21 days after becoming due and payable pursuant to an order of the Commissioner, or in cases in which the overdue benefit is not in dispute, 10 percent of the overdue amount shall be added and paid to the employee, in addition to any amounts due pursuant to subsection (f) of this section and interest and any other penalties.

(2) In the case of an initial claim, benefits are due and payable upon entering into an agreement pursuant to subsection 662(a) of this title, upon issuance of an order of the Commissioner pursuant to subsection 662(b) of this title, or if the employer has not denied the claim within 21 days after the claim is filed.

(3) Benefits are in dispute if the claimant has been provided actual written notice of the dispute within 21 days after the benefit being due and payable and the evidence reasonably supports the denial.

(4) Interest shall accrue and be paid on benefits that are found to be compensable during the period of nonpayment.

(5) The Commissioner shall promptly review requests for payment under this section and, consistent with subsection 678(d) of this title, shall allow for the recovery of reasonable attorney's fees associated with an employee's successful request for payment under this subsection.

(f)(1)(A) When benefits have been awarded or are not in dispute as provided in subsection (e) of this section, the employer shall establish a weekday on which payment shall be mailed or deposited and notify the claimant and the Department of that day. The employer shall ensure that each weekly payment is mailed or deposited on or before the day established.

(B) Payment shall be made by direct deposit to a claimant who elects that payment method. The employer shall notify the claimant of the claimant's right to payment by direct deposit.

(2) If the benefit payment is not mailed or deposited on the day established, the employer shall pay to the claimant a late fee equal to the greater of $10.00 or:

(A) five percent of the benefit amount for the first payment that is made after the established day;

(B) 10 percent of the benefit amount for the second payment that is made after the established day; and

(C) 15 percent of the benefit amount for the third and any subsequent payments that are made after the established day.

(3) As used in this subsection, “paid” means the payment is mailed to the claimant's mailing address or, in the case of direct deposit, transferred into the designated account. In the event of a dispute, proof of payment shall be established by affidavit.
21 V.S.A. § 1636 — VT Code / Title 21 / Chapter 20 / Section 1636
§ 1636. Mediation; fact-finding; last best offer
Status: in_force

(a) If, after a reasonable period of negotiation, the representative of the collective bargaining unit and the State reach an impasse, the Board, upon petition of either party, may authorize the parties to submit their differences to mediation. Within five days after receipt of the petition, the Board shall appoint a mediator who shall communicate with the parties and attempt to mediate an amicable settlement. A mediator shall be of high standing and not actively connected with labor or management.

(b) If, after a reasonable period of time, no fewer than 15 days after the appointment of a mediator, the impasse is not resolved, the mediator shall certify to the Board that the impasse continues.

(c) The Board shall appoint a fact finder who has been mutually agreed upon by the parties. If the parties fail to agree on a fact finder within five days, the Board shall appoint a neutral third party to act as a fact finder pursuant to rules adopted by the Board. A member of the Board or any individual who has actively participated in mediation proceedings for which fact-finding has been called shall not be eligible to serve as a fact finder under this section, unless agreed upon by the parties.

(d) The fact finder shall conduct hearings pursuant to rules of the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings and the fact finder may require that testimony be given under oath and may administer oaths.

(e) Nothing in this section shall prohibit the fact finder from endeavoring to mediate the dispute at any time prior to issuing recommendations.

(f) The fact finder shall consider the following factors in making a recommendation:

(1) the needs and welfare of consumers, including their interest in greater access to quality services;

(2) the nature and needs of the personal care assistance program;

(3) the interest and welfare of independent direct support providers;

(4) the history of negotiation between the parties, including those leading to the proceedings;

(5) changes in the cost of living; and

(6) generally accepted labor-management relations practices in Vermont.

(g) Upon completion of the hearings provided in subsection (d) of this section, the fact finder shall file written findings and recommendations with both parties.

(h) The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the parties incurring them, and the costs and expenses of the fact finder shall be divided equally by the parties. The fact finder shall be paid a rate mutually agreed upon by the parties for each day or any part of a day while performing fact-finding duties and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of his or her duties. A statement of fact-finding per diem and expenses shall be certified by the fact finder and submitted to the Board for approval. The Board shall provide a copy of approved fact-finding costs to each party with its order apportioning half of the total to each party for payment. Each party shall pay its half of the total within 15 days after receipt of the order. Approval by the Board of fact-finding and the fact finder's costs and expenses and its order for payment shall be final as to the parties.

(i) If the dispute remains unresolved 20 days after transmittal of findings and recommendations, each party shall submit to the Board its last best offer on all disputed issues as a single package. Each party's last best offer shall be certified to the Board by the fact finder. The Board may hold hearings and consider the recommendations of the fact finder. Within 30 days of the certifications, the Board shall select between the last best offers of the parties, considered in their entirety without amendment, and shall determine its cost. The Board shall not issue an order under this subsection that: (1) is in conflict with any statute; (2) is in conflict with any rule unless the rule relates to a mandatory subject of bargaining; or (3) determines an issue that is not a mandatory subject of bargaining. The Board shall determine the cost of the agreement selected and recommend to the General Assembly its choice with a request for appropriation. If the General Assembly appropriates sufficient funds, the agreement shall become effective and legally binding at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective and binding at the beginning of the next fiscal year. No portion of any agreement shall become effective separately without the mutual consent of the parties.
21 V.S.A. § 1724 — VT Code / Title 21 / Chapter 22 / Section 1724
§ 1724. Certification procedure
Status: in_force

(a)(1) A petition may be filed with the Board, in accordance with rules adopted by the Board:

(A) By an employee or group of employees, or any individual or employee organization purporting to act on their behalf, alleging that not less than 30 percent of the employees wish to form a bargaining unit and be represented for collective bargaining, or assert that the individual or employee organization currently certified as bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit, or that not less than 51 percent of the employees now included in an approved bargaining unit wish to form a separate bargaining unit under Board criteria for purposes of collective bargaining. The employee, group of employees, individual, or employee organization that files the petition shall, at the same time that the petition is filed with the Board, provide a copy of the petition to the employer and, if appropriate, the current bargaining agent.

(B) By the employer alleging that the presently certified bargaining unit is no longer appropriate under Board criteria. The employer shall provide a copy of the petition to the current bargaining agent at the same time that the petition is filed with the Board.

(2)(A)(i) An employer shall, not more than seven business days after receiving a copy of the petition, file any objections to the appropriateness of the proposed bargaining unit and raise any other unit determination issues with the Board and provide a copy of the filing to the employee, group of employees, individual, or employee organization that filed the petition.

(ii) A hearing shall be held before the Board pursuant to subdivision (d)(1)(B) of this section in the event the employer challenges the appropriateness of the proposed bargaining unit, provided that a hearing shall not be held if the parties stipulate to the composition of the appropriate bargaining unit and resolve any other unit determination issues before the hearing.

(iii) The Board may endeavor to informally mediate any dispute regarding the appropriateness of the proposed bargaining unit prior to the hearing.

(B)(i) Within five business days after receiving a copy of the petition, the employer shall file with the Board and the employee or group of employees, or the individual or employee organization purporting to act on their behalf, a list of the names and job titles of the employees in the proposed bargaining unit. To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.

(ii) An employee or group of employees, or any person purporting to act on their behalf, that is seeking to demonstrate that the current bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit shall not be entitled to obtain a list of the employees in the bargaining unit from the employer pursuant to this subdivision (a)(2)(B), but may obtain a list pursuant to subdivision (e)(3) of this section after the Board has investigated its petition and determined that a secret ballot election shall be conducted.

(iii) The list shall be kept confidential and shall be exempt from copying and inspection under the Public Records Act.

(b) The Board, a Board member, or a person or persons designated by the Board shall investigate the petition and do one of the following:

(1) Determine that the petition has made a sufficient showing of interest pursuant to subdivision (a)(1)(A) of this section.

(2)(A) If it finds reasonable cause to believe that a question of unit determination or representation exists, the Board shall schedule a hearing to be held before the Board not more than ten business days after the petition was filed with the Board.

(B) Once scheduled, the date of the hearing shall not be subject to change except as provided pursuant to subdivision (e)(4) of this section.

(C) Hearing procedure and notification of the results of the hearing shall be in accordance with rules adopted by the Board, except that the parties shall only be permitted to submit posthearing briefs within not more than five business days after the hearing if the parties mutually agree to do so or if the Board requests that the parties submit posthearing briefs.

(D) The Board shall issue its decision as soon as practicable and, in any event, not more than five business days after the hearing or the submission of any posthearing briefs.

(3) If the Board finds an absence of substantive evidence, it shall dismiss the petition.

(c) In determining whether a question of representation exists, the Board shall take into consideration the following criteria:

(1) The similarity or divergence of the interests, needs, and general conditions of employment of all employees within the proposed bargaining unit. The Board may, in its discretion, require that a separate vote be taken among any particular class or type of employee within a proposed unit to determine specifically if the class or type wishes to be included. No bargaining unit shall include both professional employees and other municipal employees unless a majority of such professional employees vote for inclusion in such unit.

(2) Whether overfragmentation of units will result from certification to a degree that is likely to produce an adverse effect on the effective representation of other employees of the municipal employer or upon the effective operation of the municipal employer.

(3) In determining whether a unit is appropriate the extent to which the employees have organized is not controlling.

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

(e)(1) Except as otherwise provided pursuant to subsection (h) of this section, in determining the representation of municipal employees in a collective bargaining unit, the Board shall conduct an election by secret ballot of the employees and certify the results to the interested parties and to the employer. The election shall be held not more than 23 business days after the petition is filed with the Board except as otherwise provided pursuant to subdivision (4) of this subsection.

(2) The original ballot shall permit a vote against representation by anyone named on the ballot. No representative will be certified with less than a 51 percent affirmative vote of all votes cast. If it is asserted that the certified bargaining agent is no longer supported by at least 51 percent of the employees in the bargaining unit and there is no attempt to seek the election of another employee organization or individual as bargaining representative, there shall be at least 51 percent negative vote of all votes cast to decertify the existing bargaining agent.

(3)(A) The employer shall file with the Board and the other parties a list of the employees in the bargaining unit within two business days after the Board determines that a secret ballot election shall be conducted.

(B) The list shall include, as appropriate, each employee's name, work location, shift, job classification, and contact information. As used in this subdivision (3), “contact information” includes an employee's home address, personal email 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 of employees shall be in alphabetical order by last name and provided in electronic format.

(D) The list shall be:

(i) kept confidential by the Board and all of the parties; and

(ii) shall be exempt from copying and inspection under the Public Records Act.

(E) Failure to file the list within the time required pursuant to subdivision (A) of this subdivision (3) may be grounds for the Board to set aside the results of the election if an objection is filed within the time required pursuant to the Board's rules.

(4) The Board may, upon the request of any party or on its own motion, extend any time period set forth in this subsection or in subsections (a) and (b) of this section for good cause, provided that the election shall be conducted, or, in the event of a mail ballot election, that ballots are mailed to the employees, within not more than 60 calendar days after the date the petition is filed pursuant to subsection (a) of this section. The Board may further extend the date to conduct the election by not more than 30 additional calendar days upon the mutual agreement of the parties or if it determines that extraordinary circumstances have made such an extension necessary.

(f) If in such election none of the choices receive at least a 51 percent affirmative vote of all votes cast, a runoff election shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the original election.

(g) The Board's certification of the results of any election shall be conclusive as to findings unless reviewed under proceedings instituted for the prevention of unfair labor practices.

(h)(1) Notwithstanding subsections (e)–(g) of this section, if following its investigation pursuant to subsection (b) of this section the Board determines that a petition to be represented for collective bargaining filed pursuant to subsection (a) of this section, which identifies a proposed bargaining agent, bears the signatures of at least 50 percent plus one of the employees in the bargaining unit, the Board shall certify the individual or labor organization identified as the bargaining agent.

(2) Certification of a bargaining agent shall only be available pursuant to this subsection when no other individual or labor organization is currently certified or recognized as the agent of the employees in the bargaining unit.

(i) 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 has been held.
21 V.S.A. § 661 — VT Code / Title 21 / Chapter 9 / Section 661
§ 661. Limitation of time as regards minors and persons with a mental condition or psychiatric disability
Status: in_force

Limitation of time provided by this chapter shall not run as against any person who is incompetent or a minor dependent so long as such person has no guardian.
21 V.S.A. § 516 — VT Code / Title 21 / Chapter 5 / Section 516
§ 516. Confidentiality
Status: in_force

(a) Any health care information about an individual to be tested shall be collected only by a medical review officer. This information shall be confidential and shall not be released to anyone except the individual tested, and may not be obtained by court order or process, except as provided in this subchapter. In addition, a medical review officer shall not reveal the identity of an individual being tested to any person, including the laboratory.

(b) Employers, medical review officers, laboratories, and the agents of any of these, who receive or have access to information about drug test results, shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the person tested, except where such release is compelled by a court of competent jurisdiction in connection with an action brought under this subchapter.

(c) If information about drug test results is released contrary to the provisions of this subchapter, it shall be inadmissible as evidence in any judicial or quasi-judicial proceeding, except in a court of competent jurisdiction in connection with an action brought under this subchapter.
21 V.S.A. § 634 — VT Code / Title 21 / Chapter 9 / Section 634
§ 634. Dependents; construction
Status: in_force

The following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of sections 632 and 633 of this title:

(1) A child, if under 18 years of age, or incapable of self-support and unmarried, whether or not ever actually dependent upon the deceased; or a child while regularly enrolled in an approved educational or vocational training institution, who was at the time of the employee's injury or death partially or wholly dependent on the employee, regardless of age; or a child of any age who was mentally or physically disabled at the time of the employee's death and partially or wholly dependent upon him or her.

(2) A spouse.

(3) A parent or grandparent only if dependent, wholly or partially, upon the deceased.

(4) A grandchild, brother, or sister under 18 years of age, or incapable of self-support, and wholly dependent upon the deceased employee, or who is regularly enrolled in an approved educational or vocational training institution, and was at the time of the employee's death, partially or wholly dependent upon the employee, regardless of age; or a grandchild, brother, or sister of any age who was mentally or physically disabled at the time of the employee's death and partially or wholly dependent upon him or her. The relation of dependency must exist at the time of the injury.
21 V.S.A. § 1325 — VT Code / Title 21 / Chapter 17 / Section 1325
§ 1325. Employers' experience-rating records; disclosure to successor entity
Status: repealed

(a)(1) The Commissioner shall maintain an experience-rating record for each employer. Benefits paid shall be charged against the experience-rating record of each subject employer who provided base-period wages to the eligible individual. Each subject employer's experience-rating charge shall bear the same ratio to total benefits paid as the total base-period wages paid by that employer bear to the total base-period wages paid to the individual by all base-period employers. The experience-rating record of an individual subject base-period employer shall not be charged for benefits paid to an individual under any of the following conditions:

(A) The individual's employment with that employer was terminated under disqualifying circumstances.

(B) The individual's employment or right to reemployment with that employer was terminated by retirement of the individual pursuant to a retirement or lump-sum retirement pay plan under which the age of mandatory retirement was agreed upon by the employer and its employees or by the bargaining agent representing those employees.

(C) As of the date on which the individual filed an initial claim for benefits, the individual's employment with that employer had not been terminated or reduced in hours.

(D) The individual was employed by that employer as a result of another employee taking leave under chapter 5, subchapter 4 of this title, and the individual's employment was terminated as a result of the reinstatement of the other employee under chapter 5, subchapter 4 of this title.

(E) [Repealed.]

(F) The individual voluntarily separated from that employer to accompany a spouse who is on active duty with the U.S. Armed Forces or who holds a commission in the U.S. Foreign Service and is assigned overseas as provided by subdivision 1344(a)(2)(A) of this chapter.

(G) [Repealed.]

(H) [Repealed.]

(2) If an individual's unemployment is directly caused by a major disaster declared by the President of the United States pursuant to 42 U.S.C. § 5122 and the individual would have been eligible for federal disaster unemployment assistance benefits but for the receipt of regular benefits, an employer shall be relieved of charges for benefits paid to the individual with respect to any week of unemployment occurring due to the natural disaster up to a maximum amount of 10 weeks.

(3) [Repealed.]

(b)(1) Any individual or employing unit who in any manner succeeds to or acquires the organization, trade, or business or substantially all of the assets of any employer who has been operating the business within two weeks prior to the acquisition, except any assets retained by the employer incident to the liquidation of the employer's obligations, and who thereafter continues the acquired business shall be considered to be a successor to the predecessor from whom the business was acquired and, if not already an employer before the acquisition, shall become an employer on the date of the acquisition. The Commissioner shall transfer the experience-rating record of the predecessor employer to the successor employer. If the successor was not an employer before the date of acquisition, the successor's rate of contribution for the remainder of the rate year shall be the rate applicable to the predecessor employers with respect to the period immediately preceding the date of acquisition if there was only one predecessor or there were only predecessors with identical rates. If the predecessors' rates were not identical, the Commissioner shall determine a rate based on the combined experience of all the predecessor employers. If the successor was an employer before the date of acquisition, the contribution rate that was assigned to the successor for the rate year in which the acquisition occurred will remain assigned to the successor for the remainder of the rate year, after which the experience-rating record of the predecessor shall be combined with the experience rating of the successor to form the single employer experience-rating record of the successor. At any time prior to the issuance of the certificate required by subsection 1322(b) of this chapter, an employing unit shall, upon request of a potential successor, disclose to the potential successor its current experience-rating record.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, an individual or employing unit who in any manner succeeds to or acquires the organization, trade, or business or substantially all of the assets of any employing unit who was an employer before the date of acquisition and whose currently assigned contribution rate is higher than that currently assigned to the acquiring individual or employing unit shall not be treated as a successor.

(3) If a successor, upon acquisition of an employer under subdivision (1) of this subsection, divides operation of the successor business between two or more corporate entities, the successor shall designate one of the corporate entities involved in the successor's business operations as the filing successor for purposes of quarterly wage reporting and benefit rate assignment. The designated filing successor shall include all employees involved in carrying on the successor business in the designated filing successor's quarterly wage reporting and shall pay the full successor benefit tax on all business employees.

(c) Nothing in this section shall be construed to grant to any employer or to individuals performing services for the employer prior claims or rights to the amounts paid by the employer into the Fund.

(d) Notwithstanding any other provision of law, the following shall apply to assignment of rates and transfers of experience:

(1) If an employer transfers its trade or business, or a portion thereof, to another employer and, at the time of the transfer, there is substantially common ownership, management, or control of the two employers, the employment experience attributable to the transferred trade or business shall be transferred to the employer to whom such business is so transferred. The rates of both employers shall be recalculated and made effective immediately upon the date of the transfer of trade or business.

(2) Whenever a person who is not an employer under this chapter at the time it acquires the trade or business of an employer, the unemployment experience of the acquired business shall not be transferred to such person if the Commissioner finds that such person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions. Instead, that person shall be assigned the highest rate assignable under this chapter until being subject to this chapter for a sufficient period of time to have his or her rate computed under section 1326 of this title. In determining whether the business was acquired solely or primarily for the purpose of obtaining a lower rate of contribution, the Commissioner shall use objective factors that may include:

(A) the cost of acquiring the business;

(B) whether the person continued the business enterprise of the acquired business;

(C) how long that business enterprise was continued; and

(D) whether a substantial number of new employees were hired to perform duties unrelated to the business activity conducted prior to acquisition of the new business.

(3) If a person knowingly violates or attempts to violate subdivision (1) or (2) of this subsection or any other provision of this chapter related to determining the assignment of a contribution rate, or if a person knowingly advises another person in a way that results in a violation of those provisions, the person shall be subject to the following penalties:

(A) If the person is an employer, the person shall be assigned the highest rate assignable under this chapter for the rate year during which the violation or attempted violation occurred and the three rate years immediately following this rate year. If the person's business is already at the highest rate for any year, or if the amount of increase in the person's rate would be less than two percent for that year, a penalty rate of contributions of two percent of taxable wages shall be imposed for that year.

(B) If the person is not an employer, that person shall be subject to a civil penalty of not more than $5,000.00. A fine under this subdivision (B) shall be deposited in the Contingent Fund established under section 1365 of this title.

(C) In addition to other penalties under this subdivision (3), a person who violates this section may be imprisoned not more than three years or fined not more than $5,000.00, or both.

(4) As used in this section:

(A) “Attempt to violate” means the intent to evade, misrepresentation, or intentional nondisclosure.

(B) “Knowingly” means having actual knowledge of or acting with deliberate ignorance or reckless disregard of the prohibition.

(C) “Person” has the same meaning as in Section 7701(a)(1) of the Internal Revenue Code of 1986.

(D) “Trade or business” includes the employer's workforce.

(5) The Commissioner shall establish procedures, by rule, to identify the transfer or acquisition of a business for the purposes of this section.

(e)-(g) [Repealed.]
21 V.S.A. § 678 — VT Code / Title 21 / Chapter 9 / Section 678
§ 678. Costs; attorney's fees
Status: in_force

(a) Costs shall not be taxed or allowed either party except as provided in this section.

(b)(1) When a claimant prevails in either a formal or informal proceeding under this chapter, the Commissioner shall award the claimant necessary costs incurred in relation to the proceeding, including deposition expenses, subpoena fees, and expert witness fees.

(2) The Commissioner may allow a claimant to recover reasonable attorney's fees when the claimant prevails.

(3) In cases for which a formal hearing is requested and the case is resolved prior to a formal hearing:

(A) the Commissioner may award reasonable attorney's fees if the claimant retained an attorney in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the attorney's efforts; and

(B) the Commissioner shall award necessary costs if the claimant incurred the costs in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the costs incurred.

(c)(1) In appeals to the Superior or Supreme Court, if the claimant prevails, the claimant shall be entitled to reasonable attorney's fees as approved by the court; necessary costs, including deposition expenses, subpoena fees, and expert witness fees; and interest at the rate of 12 percent per annum on that portion of any award the payment of which is contested.

(2) Interest shall be computed from the date of the award of the Commissioner.

(d) By January 1, 1999 and at least every five years thereafter, the Commissioner shall amend existing rules regarding reasonable attorney's fees awarded under subsection (a) of this section. In amending these rules, the Commissioner shall consider accessibility to legal services, appropriate inflation factors, and any other related factors consistent with the purposes of this chapter. In the event the Commissioner proposes no change in the rules in any five-year period, the Commissioner shall provide a written report to the Legislative Committee on Administrative Rules of the General Assembly explaining the reasons for not changing the rules.

(e) An attorney representing a claimant shall submit a claim for attorney's fees and costs within 30 days following a decision in which the claimant prevails.
21 V.S.A. § 1311a — VT Code / Title 21 / Chapter 17 / Section 1311a
§ 1311a. Professional training for employees
Status: in_force

The Commissioner, using grant funds made available by the United States, may, to the extent permitted and subject to the approval of the Governor, provide professional training for the Department's employees by contracting with educational institutions for short courses or other forms of intensive instruction.
21 V.S.A. § 1644 — VT Code / Title 21 / Chapter 20 / Section 1644
§ 1644. Antitrust exemption
Status: in_force

The activities of independent direct support providers and their exclusive representative that are necessary for the exercise of their rights under this chapter shall be afforded State action immunity under applicable federal and State antitrust laws. The State intends that the “State action” exemption to federal antitrust laws be available only to the State, to independent direct support providers, and to their exclusive representative in connection with these necessary activities. Exempt activities shall be actively supervised by the State.
21 V.S.A. § 603 — VT Code / Title 21 / Chapter 9 / Section 603
§ 603. Witnesses, oaths, books, papers, records
Status: in_force

(a) So far as it is necessary in his or her examinations and investigations and in the determination of matters within his or her jurisdiction, the Commissioner shall have power to subpoena witnesses, administer oaths, and to demand the production of books, papers, records, and documents for his or her examination.

(b) The Superior Court, a Justice of the Supreme Court, or a Superior judge shall have power to enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of such books, papers, records, and documents before the Commissioner, and in the case of a corporation, the provisions of 11 V.S.A. §§ 441-444 shall apply.
21 V.S.A. § 1732 — VT Code / Title 21 / Chapter 22 / Section 1732
§ 1732. Fact-finding
Status: in_force

(a) If after a reasonable period of time not less than 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the Commissioner of Labor that the impasse continues. The Commissioner shall appoint a qualified fact finder within 30 days of a request by either party. The Commissioner may maintain a list of qualified fact finders drawn up after consultation with representatives of State and local government, employee organizations, boards of conciliation and arbitration in other New England states, and the American Arbitration Association.

(b) The fact finder shall convene the parties as soon as practicable after his or her appointment, hold informal hearings, and provide adequate opportunity to all parties to testify and present evidence regarding their respective positions. Upon the request of the fact finder, all parties to the dispute shall furnish him or her with any records, paper, and information in their possession relevant to resolution of the dispute.

(c) Nothing shall prevent a fact finder from attempting to mediate the dispute. The provisions of 3 V.S.A. § 810 shall not apply to a hearing conducted by a fact finder. At the request of any party, such hearing shall be opened to the public.

(d) In reaching his or her conclusions and recommendations, the fact finder shall give weight to the following factors:

(1) the lawful authority of the municipal employer;

(2) stipulations of the parties;

(3) the interest and welfare of the public and the financial ability of the municipal employer to pay for increased costs of public services, including the cost of labor;

(4) comparisons of the wages, hours, and conditions of employment of the employees involved in the dispute with the wages, hours, and conditions of employment of other employees performing similar services in public employment in comparable communities or in private employment in comparable communities;

(5) the average consumer prices for goods and services commonly known as the cost of living; and

(6) the overall compensation presently received by the employees, including direct wages, fringe benefits, and continuity conditions and stability of employment, and all other benefits received.

(e) The fact finder shall make a written report with recommendations to both parties within 30 days after the close of hearings. The report shall be made public by the fact finder if the dispute has not been resolved within 10 days after delivery of the report to the parties. The report and recommendations of the fact finder shall be advisory only and shall not be binding on either party.

(f) All expenses of mediation and fact-finding shall be shared equally by the parties.
21 V.S.A. § 231 — VT Code / Title 21 / Chapter 3 / Section 231
§ 231. Employee rights
Status: in_force

(a) No person shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of the employee or others of any right afforded by this chapter.

(b) Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of this section may, within 30 days after the violation occurs, file a complaint with the Commissioner alleging the discrimination. Upon receipt of the complaint, the Commissioner shall conduct an investigation of the complaint as the Commissioner deems appropriate. If, after the investigation the Commissioner determines that the provisions of this section have been violated, the Commissioner shall bring an action in any appropriate State court against the person alleged to have violated this section. In any such action, the State courts shall have jurisdiction, for cause shown, to restrain violations of subsection (a) of this section and order all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position with back pay.

(c) Within 90 days after receiving a complaint filed under this section, the Commissioner shall notify the complainant of the Commissioner's determination under subsection (b) of this section.
21 V.S.A. § 149 — VT Code / Title 21 / Chapter 3 / Section 149
§ 149. Civil penalties; suspension; revocation of license
Status: in_force

After notice and hearing, the Board may suspend or revoke a license and assess administrative penalties pursuant to section 156 of this title for any of the following reasons:

(1) fraud or deceit in obtaining the license;

(2) failure to notify the Department and the owner or lessee of a conveyance of noncompliance of the conveyance with the standards adopted under this subchapter; or

(3) violation of any provisions of this subchapter.
21 V.S.A. § 1452 — VT Code / Title 21 / Chapter 17 / Section 1452
§ 1452. Criteria for approval
Status: in_force

(a) An employer wishing to participate in an STC program shall submit a Department of Labor electronic application or a signed written short-time compensation plan to the Commissioner for approval. The Commissioner may approve an STC plan only if the following criteria are met:

(1) The plan identifies the specified affected units to which it applies.

(2) The employees in the affected unit or units are identified by name, Social Security number, and by any other information required by the Commissioner.

(3) The plan provides that if the employer provides fringe benefits, including health benefits and retirement benefits under a defined benefit plan or contributions under a defined contribution plan, to any employee whose workweek is reduced under the program, that the benefits will continue to be provided to employees participating in the short-time compensation program under the same terms and conditions as though the workweek had not been reduced. However, reductions in the benefits of short-time compensation plan participants are permitted to the extent that the reductions also apply to nonparticipant employees.

(4) The usual total weekly hours of work for employees in the affected unit or units are reduced by not less than 20 percent and not more than 50 percent.

(5) The plan certifies that the aggregate reduction in work hours is in lieu of layoffs of one or more workers that would have resulted in an equivalent reduction in work hours and that the Commissioner finds would have caused an equivalent dollar amount to be payable in unemployment compensation.

(6) The plan certifies that the STC employer will notify the Department within 24 hours after any layoff of an employee, at which time the Commissioner shall have the right to terminate the STC plan.

(7) The identified workweek reduction is applied consistently throughout the duration of the plan unless otherwise approved by the Department.

(8) The plan applies to at least 10 percent of the employees in the affected unit, and when determined to be applicable by the Commissioner applies to all affected employees of the unit equally.

(9) The plan shall not subsidize seasonal employers during the off- season, nor subsidize employers who have traditionally used part-time employees or intermittent employment.

(10) The employer agrees to maintain records relative to the plan for a period of three years and furnish reports relating to the proper conduct of the plan and agrees to allow the Commissioner or the Commissioner's authorized representatives access to all records necessary to verify the plan prior to approval and, after approval, to monitor and evaluate application of the plan.

(11) The plan certifies that the collective bargaining agent or agents for the employees, if any, have agreed to participate in the program. If there is no bargaining unit, the employer specifies how it will notify the employees in the affected group and work with them to implement the program once the plan is approved.

(12) The plan describes the manner in which the requirements of this section will be implemented and where feasible how notice will be given to an employee whose workweek is to be reduced and an estimate of the number of layoffs that would have occurred absent the ability to participate in the short-time compensation program and any other information that the U.S. Secretary of Labor determines is appropriate.

(13) The employer certifies that the plan is consistent with employer obligations under applicable State and federal laws.

(b) In the event of any conflict between any provision of sections 1451– 1460 of this subchapter, or the rules adopted pursuant to these sections, and applicable federal law, the federal law shall prevail and the provision shall be deemed invalid.
21 V.S.A. § 601 — VT Code / Title 21 / Chapter 9 / Section 601
§ 601. Definitions
Status: repealed

As used in this chapter:

(1) “Brother” and “sister” includes a stepbrother and stepsister, half-brother and half-sister, and a brother and sister by adoption, but does not include a married brother or a married sister unless dependent.

(2) “Child” includes a stepchild, adopted child, posthumous child, grandchild, and a child for whom parentage has been established pursuant to 15 V.S.A. chapter 5 but does not include a married child unless the child is a dependent.

(3) “Employer” includes any body of persons, corporate or unincorporated, public or private, and the legal representative of a deceased employer, and includes the owner or lessee of premises or other person who is virtually the proprietor or operator of the business there carried on, but who, by reason of there being an independent contractor or for any other reason, is not the direct employer of the workers there employed. If the employer is insured, “employer” includes the employer's insurer so far as applicable. A person is not deemed to be an “employer” for the purposes of this chapter as the result of entering into a contract for services or labor with an individual who has knowingly and voluntarily waived coverage of this chapter pursuant to subdivision (14)(F) of this section.

(4) “Employment” includes public employment and, in the case of private employers, includes all employment in any trade or occupation notwithstanding that an employer may be a nonprofit corporation, institution, association, partnership, or proprietorship.

(5) “Grandchild” includes a child of an adopted child and a child of a stepchild, but does not include a stepchild of a child, a stepchild of a stepchild, a stepchild of an adopted child, or a married grandchild unless dependent.

(6) “Grandparent” includes a parent of a parent by adoption but does not include a parent of a stepparent, a stepparent of a parent, or a stepparent of a stepparent.

(7) “Injury” and “personal injury” includes occupational diseases, death resulting from injury within two years, and includes injury to and cost of acquiring and replacement of prosthetic devices, hearing aids, and eye glasses.

(8) “Insurance carrier” includes any corporation from which an employer has obtained workers' compensation insurance or guaranty insurance in accordance with the provisions of this chapter.

(9) “Parent” includes a stepparent and a parent by adoption.

(10) “Partial disability” may be held to include diminished ability to obtain employment owing to disfigurement resulting from an injury.

(11) “Personal injury by accident arising out of and in the course of employment” includes an injury caused by the willful act of a third person directed against an employee because of that employment.

(A) In the case of constables, chiefs of police, police officers, rescue or ambulance workers, and volunteer reserve police officers in any city, town, or incorporated village, disability or death from a heart injury or heart disease incurred or aggravated and proximately caused by service in the line of duty and that becomes symptomatic within 72 hours from the date of last service in the line of duty shall be presumed to be incurred in the line of duty.

(B) In the case of firefighters, as defined in 20 V.S.A. § 3151(3) and (4), disability or death from heart injury or heart disease that becomes symptomatic within 72 hours of service in the line of duty shall be presumed to be compensable.

(C) “Line of duty” as applied to firefighters and rescue and ambulance workers means one or more of the following:

(i) Service in the worker's town or district, in answer to a call of the department, including going to and returning from a fire or emergency or participating in a fire or emergency drill, parade, test, or trial of any firefighting or emergency equipment.

(ii) Similar service in another town or district to which the department has been called for firefighting or emergency purposes.

(iii) Service under orders of any department officer in any other emergency to which the department is called in the town or district where the department is established.

(iv) Activities authorized by the department for the purpose of raising funds for the department.

(D) “Line of duty” as applied to constables, police officers, or volunteer reserve police officers means either or both of the following:

(i) Service as a police officer in answer to a complaint lodged with the department, including going to, returning from, and investigating the complaint or disorder.

(ii) Service under orders from the department or in any emergency for which the employee serves as constable, police officer, or volunteer reserve police officer.

(E) In the case of a firefighter, as defined in 20 V.S.A. § 3151(3) and (4), who dies or has a disability from a cancer listed in subdivision (iii) of this subdivision (E), the firefighter shall be presumed to have had the cancer as a result of exposure to conditions in the line of duty, unless it is shown by a preponderance of the evidence that the cancer was caused by nonservice-connected risk factors or nonservice-connected exposure, provided:

(i)(I) the firefighter completed an initial and any subsequent cancer screening evaluations as recommended by the American Cancer Society based on the age and sex of the firefighter prior to becoming a firefighter or while serving as a firefighter, and the evaluation indicated no evidence of cancer;

(II) the firefighter was engaged in firefighting duties or other hazardous activities over a period of at least five years in Vermont prior to the diagnosis; and

(III) the firefighter is under 65 years of age.

(ii) The presumption shall not apply to any firefighter who has used tobacco products at any time within 10 years of the date of diagnosis.

(iii) The disabling cancer shall be limited to leukemia, lymphoma, or multiple myeloma, and cancers originating in the bladder, brain, breast, colon, gastrointestinal tract, kidney, liver, lung, pancreas, reproductive system, skin, or thyroid.

(F) A firefighter who is diagnosed with cancer within 10 years of the last active date of employment as a firefighter shall be eligible for benefits under this subdivision. The date of injury shall be the date of the last injurious exposure as a firefighter.

(G) It is recommended that fire departments:

(i) maintain incident report records for at least 10 years; and

(ii) offer or provide annual cancer screenings to all firefighters who are employed by or who volunteer for the department.

(H)(i) In the case of firefighters and members of a rescue or an ambulance squad, disability or death resulting from lung disease or an infectious disease either one of which is caused by aerosolized airborne infectious agents or blood-borne pathogens and acquired after a documented occupational exposure in the line of duty to a person with an illness shall be presumed to be compensable, unless it is shown by a preponderance of the evidence that the disease was caused by nonservice-connected risk factors or nonservice-connected exposure. The presumption of compensability shall not be available if the employer offers a vaccine that is refused by the firefighter or rescue or ambulance worker and the firefighter or rescue or ambulance worker is subsequently diagnosed with the particular disease for which the vaccine was offered, unless the firefighter or rescue or ambulance worker's physician deems that the vaccine is not medically safe or appropriate for the firefighter or rescue or ambulance worker.

(ii) In the case of lung disease, the presumption of compensability shall not apply to any firefighter or rescue or ambulance worker who has used tobacco products at any time within 10 years of the date of diagnosis.

(iii) A firefighter or rescue or ambulance worker shall have been diagnosed within 10 years of the last active date of employment as a firefighter or rescue or ambulance worker.

(iv) As used in this subdivision, “exposure” means contact with infectious agents such as bodily fluids through inhalation, percutaneous inoculation, or contact with an open wound, nonintact skin, or mucous membranes, or other potentially infectious materials that may result from the performance of an employee's duties. Exposure includes:

(I) Percutaneous exposure. Percutaneous exposure occurs when blood or bodily fluid is introduced into the body through the skin, including by needle sticks, cuts, abrasions, broken cuticles, and chapped skin.

(II) Mucocutaneous exposure. Mucocutaneous exposure occurs when blood or bodily fluids come in contact with a mucous membrane.

(III) Airborne exposure. Airborne exposure means contact with an individual with a suspected or confirmed case of airborne disease or contact with air containing aerosolized airborne disease.

(I)(i) In the case of police officers, rescue or ambulance workers, firefighters, or State employees, as that term is defined pursuant to subdivision (iii)(VI) of this subdivision (11)(I), post-traumatic stress disorder that is diagnosed by a mental health professional shall be presumed to have been incurred during service in the line of duty and shall be compensable, unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by nonservice-connected risk factors or nonservice-connected exposure.

(ii) A police officer, rescue or ambulance worker, firefighter, or State employee who is diagnosed with post-traumatic stress disorder within three years following the last active date of employment as a police officer, rescue or ambulance worker, firefighter, or State employee shall be eligible for benefits under this subdivision (11).

(iii) As used in this subdivision (11)(I):

(I) “Classified employee” means an employee in the classified service, as defined pursuant to 3 V.S.A. § 311.

(II) “Firefighter” means a firefighter as defined in 20 V.S.A. § 3151(3) and (4).

(III) “Mental health professional” means a person with professional training, experience, and demonstrated competence in the treatment and diagnosis of mental conditions, who is certified or licensed to provide mental health care services and for whom diagnoses of mental conditions are within the person's scope of practice, including a physician, nurse with recognized psychiatric specialties, psychologist, clinical social worker, mental health counselor, or alcohol or drug abuse counselor.

(IV) “Police officer” means a law enforcement officer who has been certified by the Vermont Criminal Justice Council pursuant to 20 V.S.A. chapter 151.

(V) “Rescue or ambulance worker” means ambulance service, emergency medical personnel, first responder service, and volunteer personnel as defined in 24 V.S.A. § 2651.

(VI) “State employees” means:

(aa) facility employees of the Department of Corrections;

(bb) employees of the Department of Corrections who provide direct security or treatment services to offenders under supervision in the community;

(cc) classified employees of State-operated therapeutic community residences or inpatient psychiatric hospital units;

(dd) classified employees of public safety answering points;

(ee) classified employees of the Family Services Division of the Department for Children and Families;

(ff) classified employees of the Vermont Veterans' Home;

(gg) classified employees of the Department of State's Attorneys and Sheriffs, State's Attorneys, and employees of the Department of State's Attorneys and Sheriffs who are assigned to a State's Attorney's field office; and

(hh) classified employees in the Criminal Division of the Attorney General's Office.

(J)(i) A mental condition resulting from a work-related event or work-related stress shall be considered a personal injury by accident arising out of and in the course of employment and be compensable if it is demonstrated by the preponderance of the evidence that:

(I) the work-related event or work-related stress was extraordinary and unusual in comparison to pressures and tensions experienced by the average employee across all occupations; and

(II) the work-related event or work-related stress, and not some other event or source of stress, was the predominant cause of the mental condition.

(ii) A mental condition shall not be considered a personal injury by accident arising out of and in the course of employment if it results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by the employer.

(12)(A) “Public employment” means the following:

(i) All officers and State employees, as defined in 3 V.S.A. § 1101, of all State agencies, departments, divisions, boards, commissions, and institutions, and the Vermont Historical Society.

(ii) Full-time State's Attorneys and full-time Deputy State's Attorneys.

(iii) Officers and employees of the General Assembly; provided, however, that members of the General Assembly shall be considered as public employees only for the periods that the General Assembly is in session or while engaged in duties for which compensation is provided by law.

(iv) Members of the Military Forces of the State of Vermont while in the active service of this State ordered by competent authority.

(v) Employees of towns, town school districts, incorporated school districts, incorporated villages, and fire districts.

(vi) Road commissioners or selectboard members while actually engaged in highway maintenance or construction.

(vii) Police officers, firefighters, and other municipal employees entitled to pensions.

(viii) All teachers, as defined in 16 V.S.A. § 1931. No municipality may vote to exclude teachers from the applicability of this chapter.

(ix) Personnel who are engaged by the State of Vermont in forest fire suppression under the provisions of the Northeastern Forest Fire Protection Compact, while in the active service of this State ordered by competent authority.

(x) Volunteer reserve police officers of towns and incorporated villages while acting in the line of duty, when the selectboard members or trustees vote to have those officers covered by this chapter.

(xi) Other municipal workers, including volunteer firefighters and rescue and ambulance squads while acting in any capacity under the direction and control of the fire department or rescue and ambulance squads.

(xii) Members of any regularly organized private volunteer fire department while acting in any capacity under the direction and control of the fire department.

(xiii) Members of any regularly organized private volunteer rescue or ambulance squad while acting in any capacity under the direction and control of the rescue or ambulance squad.

(xiv) Sheriffs, full-time deputy sheriffs, county clerks, judges of probate, probate registers, and clerks paid by the State of Vermont.

(B) The term “public employment” does not include:

(i) public officials who are elected by popular vote, except those mentioned in this subdivision (12);

(ii) assistant judges of the Superior Court, high bailiffs, county treasurers, or any of their deputies or subordinates;

(iii) prisoners or wards of the State; or

(iv) any person engaged by the State under retainer or special agreement.

(13) “Wages” includes bonuses and the market value of board, lodging, fuel, and other advantages that can be estimated in money and that the employee receives from the employer as a part of the employee's remuneration but does not include any sum paid by the employer to the employee to cover any special expenses entailed on the employee by the nature of the employment.

(14) “Worker” and “employee” mean an individual who has entered into the employment of, or works under contract of service or apprenticeship with, an employer. Any reference to a worker who has died as the result of a work injury shall include a reference to the worker's dependents, and any reference to a worker who is a minor or incompetent shall include a reference to the worker's committee, guardian, or next friend. The term “worker” or “employee” does not include:

(A) An individual whose employment is of casual nature and not for the purpose of the employer's trade or business.

(B) An individual engaged in amateur sports even if an employer contributes to the support of such sports.

(C) An individual engaged in agriculture or farm employment for an employer whose aggregate payroll is less than $10,000.00 in a calendar year, unless the employer notifies the Commissioner that the employer wishes to be included within the provisions of this chapter; the existence of a contract of insurance shall be considered sufficient notice.

(D) A member of the employer's family dwelling in the employer's house; but, if in any contract of insurance the wages or salary of such a member of the employer's family is included in the payroll on which the premium is based, then that family member shall, in the event of sustaining an injury arising out of and in the course of employment, be deemed an employee and compensated accordingly.

(E) Any individual engaged in any type of service in or about a private dwelling unless the employer notifies the Commissioner that the employer wishes to be included within the provisions of this chapter; the existence of a contract of insurance shall be considered sufficient notice.

(F) The sole proprietor or partner owner or partner owners of an unincorporated business, provided:

(i) The individual performs work that is distinct and separate from that of the person with whom the individual contracts.

(ii) The individual controls the means and manner of the work performed.

(iii) The individual holds themselves out as in business for themselves.

(iv) The individual holds themselves out for work for the general public and does not perform work exclusively for or with another person.

(v) The individual is not treated as an employee for purposes of income or employment taxation with regard to the work performed.

(vi) The services are performed pursuant to a written agreement or contract between the individual and another person, and the written agreement or contract explicitly states that the individual is not considered to be an employee under this chapter, is working independently, has no employees, and has not contracted with other independent contractors. The written contract or agreement shall also include information regarding the right of the individual to purchase workers' compensation insurance coverage and the individual's election not to purchase that coverage. However, if the individual who is party to the agreement or contract under this subdivision is found to have employees, those employees may file a claim for benefits under this chapter against either or both parties to the agreement.

(G) An individual who performs services as a real estate broker or real estate salesperson, provided:

(i) the individual is licensed to broker or sell real estate pursuant to 26 V.S.A. chapter 41;

(ii) all the individual's compensation from performing real estate broker or sales services is based on commissions from sales production or results and is not based on time worked or an hourly wage;

(iii) the services are performed pursuant to a written agreement or contract between the individual and the real estate sales or broker business or another person with whom the individual is affiliated or associated and the written agreement or contract explicitly states that the individual is not considered to be an employee under this chapter and is not eligible for coverage under this chapter; and

(iv) the individual is not treated as an employee for the purposes of federal income and employment taxation with regard to the real estate broker or sales services performed.

(H) With the approval of the Commissioner, a corporation or a limited liability company (L.L.C.) may elect to file exclusions from the provisions of this chapter. A corporation or an L.L.C. may elect to exclude up to four executive officers or managers or members from coverage requirements under this chapter. If all officers of the corporation or all managers or members of an L.L.C. make such election, receive approval, and the business has no employees, the corporation or L.L.C. shall not be required to purchase workers' compensation coverage. If after election the officer, manager, or member experiences a personal injury and files a claim under this chapter, the employer shall have all the defenses available in a personal injury claim. However, this election shall not prevent any other individual, other than the individual excluded under this section, found to be an employee of the corporation or L.L.C. to recover workers' compensation from either the corporation, L.L.C., or the statutory employer.

(15) “Average weekly wages” means the average weekly wages as computed under section 650 of this title.

(16) “Average compensation” means the current “average weekly wage” under section 1338 of this title, determined previous to the first day of July preceding the date of injury or when compensation is awarded, whichever is later.

(17) [Repealed.]

(18) “Maximum weekly compensation” means a sum of money equal to 150 percent of the average compensation, rounded to the next higher dollar.

(19) “Minimum weekly compensation” means a sum of money equal to 50 percent of the average compensation, rounded to the next higher dollar. However, solely for the purposes of determining permanent total or partial disability compensation where the employee's average weekly wage computed under section 650 of this chapter is lower than the minimum weekly compensation, the employee's weekly compensation shall be the full amount of the employee's average weekly wages. For the purpose of determining temporary total or temporary partial disability compensation where the employee's average weekly wage computed under section 650 of this chapter is lower than the minimum weekly compensation, the employee's weekly compensation shall be 90 percent of the employee's average weekly wage prior to any cost-of-living adjustment calculated under subsection 650(d) of this chapter.

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

(21) [Repealed.]

(22) “Health care provider” means a person, partnership, corporation, facility, or institution licensed or certified or authorized by law to provide professional health care service to an individual during the individual's medical care, treatment, or confinement.

(23) “Occupational disease” means a disease that results from causes and conditions characteristic of and peculiar to a particular trade, occupation, process, or employment, and to which an employee is not ordinarily subjected or exposed outside or away from the employment and arises out of and in the course of the employment.

(24) “Evidence that reasonably supports an action” means, for the purposes of section 643a and subsections 650(e) and 662(b) of this title, relevant evidence that a reasonable mind might accept as adequate to support a conclusion that must be based on the record as a whole and take into account whatever in the record fairly detracts from its weight.

(25) “Medical bill” means any claim, bill, or request for payment from a health care provider or employee for all or any portion of health care services provided to the employee for an injury for which the employee has filed a claim under this chapter.

(26) “Denied medical payment” or “medical bill denial” means a refusal to pay a medical bill based on the employer or insurance carrier asserting, supported by reasonable evidence, any one or more of the following:

(A) The employer or insurance carrier was not provided with sufficient information to determine the payer liability.

(B) The employer or insurance carrier was not provided with reasonable access to information needed to determine the liability or basis for payment of the claim.

(C) The employer or insurance carrier has no liability to pay a medical bill under the provisions of this chapter.

(D) The service was not reasonable or medically necessary.

(E) Another payer is liable.

(F) Another legal or factual ground for nonpayment.

(27) “Medically necessary care” means health care services for which an employer is otherwise liable under the provisions of this chapter, including diagnostic testing, preventive services, and aftercare, that are appropriate, in terms of type, amount, frequency, level, setting, and duration, to the injured employee's diagnosis or condition. Medically necessary care must be informed by generally accepted medical or scientific evidence and consistent with generally accepted practice parameters recognized by health care professionals in the same specialties as typically provide the procedure or treatment, or diagnose or manage the medical condition; must be informed by the unique needs of each individual patient and each presenting situation; and must:

(A) help restore or maintain the injured employee's health;

(B) prevent deterioration of or palliate the injured employee's condition; or

(C) prevent the reasonably likely onset of a health problem or detect an incipient problem.

(28) “Aerosolized airborne infectious agents” means microbial aerosols that can enter the human body, usually through the respiratory tract, and cause disease, including mycobacterium tuberculosis, meningococcal meningitis, varicella zoster virus, diphtheria, mumps, pertussis, pneumonic plague, rubella, severe acute respiratory syndrome, anthrax, and novel influenza.

(29) “Blood-borne pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans, including anthrax, hepatitis B virus (HBV), hepatitis C virus (HCV), human immunodeficiency virus (HIV), rabies, vaccinia, viral hemorrhagic fevers, and methicillin-resistant staphylococcus aureus.

(30) “Bodily fluids” means blood and bodily fluids containing blood or other potentially infectious materials as defined in the Vermont Occupational Safety and Health Administration Bloodborne Pathogen Standard (1910.1030). Bodily fluids also include respiratory, salivary, and sinus fluids, including droplets, sputum and saliva, mucus, and other fluids through which infectious airborne organisms can be transmitted between persons.

(31) “Medical case management” means the planning and coordination of health care services appropriate to achieve the goal of medical rehabilitation.

(A) Medical case management may include medical case assessment, including a personal interview with the injured employee; assistance in developing, implementing, and coordinating a medical care plan with health care providers in consultation with the injured employee and the employee's family; and an evaluation of treatment results. The goal of medical case management is to provide the injured employee with reasonable treatment options to ensure that the injured employee can make an informed choice.

(B) Medical case managers shall not provide medical care or adjust claims.

(C) An injured employee shall be entitled to medical case management services if reasonably supported. Reasonable support includes a recommendation made by a health care provider or evidence demonstrating the injured employee's medical recovery would benefit from the services, or both.
21 V.S.A. § 1367a — VT Code / Title 21 / Chapter 17 / Section 1367a
§ 1367a. Child support intercept of unemployment benefits
Status: in_force

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes child support obligations as defined under subsection (f) of this section. If the individual discloses that the individual owes child support obligations and is determined to be eligible for unemployment compensation, the Commissioner shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined to be eligible for unemployment compensation.

(b) Notwithstanding the provisions of sections 1366 and 1367 of this subchapter, the Commissioner shall deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations as defined under subsection (f) of this section:

(1) the amount specified by the individual to the Commissioner to be deducted and withheld under this subsection if neither subdivision (2) nor (3) of this subsection is applicable; or

(2) the amount, if any, determined pursuant to an agreement submitted to the Commissioner under 42 U.S.C. § 654(19)(B)(i) by the state or local child support enforcement agency, unless subdivision (3) of this subsection is applicable; or

(3) any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process, as that term is defined in 42 U.S.C. § 659(i)(5), properly served upon the Commissioner.

(c) Any amount deducted and withheld under subsection (b) of this section shall be paid by the Commissioner to the appropriate state or local child support enforcement agency.

(d) Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations.

(e) For purposes of this section, the term “unemployment compensation” means any compensation payable under the state law including amounts payable by the Commissioner pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.

(f) As used in this section, “child support obligations” means 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 part D of Title IV of the Social Security Act.

(g) As used in this section, “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 subsection (f) of this section.

(h) The Commissioner shall implement the provisions of this section only if appropriate arrangements have been made for full reimbursement by the state or local child support enforcement agency for all administrative costs incurred by the Commissioner under this section that are attributable to child support obligations being enforced by the state or local child support enforcement agency.
21 V.S.A. § 1621 — VT Code / Title 21 / Chapter 19 / Section 1621
§ 1621. Unfair labor practices
Status: repealed

(a) It shall be an unfair labor practice for an employer:

(1) To interfere with, restrain, or coerce employees in the exercise of their rights guaranteed in section 1503 of this title.

(2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it, provided that an employer shall not be prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.

(3) By discrimination in regard to hire and tenure of employment or any term or condition of employment, to encourage or discourage membership in any labor organization.

(4) To discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony under this chapter.

(5) To refuse to bargain collectively with the representatives of the employees subject to the provisions of section 1583 of this chapter.

(6) Nothing in this chapter or any other statute of this State shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in this subsection (a) as an unfair labor practice) to require as a condition of employment membership in such labor organization on or after the 30th day following the beginning of such employment or the effective date of such agreement, whichever is the later, (i) if such labor organization is the representative of the employees as provided in section 1583 of this chapter, in the appropriate collective bargaining unit covered by such agreement when made; and (ii) unless following an election held as provided in section 1584 of this chapter within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement. Nothing in this section shall require an employer to discharge an employee in the absence of such an agreement. An employer shall not justify any discrimination against an employee for nonmembership in a labor organization:

(A) if the employer has reasonable grounds for believing that membership was not available to the employee on the same terms and conditions generally applicable to other members; or

(B) if the employer has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership.

(7) To discriminate against an employee on account of race, color, creed, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

(8) To solicit persons to replace employees, or fill positions made vacant as the result of a strike, lockout, or other labor dispute, by means of newspaper advertisement, posters, oral or written communications, or otherwise, unless the solicitations state plainly and specifically that a strike, lockout, or other labor dispute exists.

(b) It shall be an unfair labor practice for a labor organization or its agents:

(1)(A) To restrain or coerce employees in the exercise of the rights guaranteed in section 1503 of this chapter. However, this subdivision shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership in the labor organization.

(B) To restrain or coerce an employer in the selection of representatives for the purposes of collective bargaining or adjustment of grievances.

(2) To cause or attempt to cause an employer to discriminate against an employee in violation of subdivision (a)(3) of this section or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than the employee's failure to tender the periodic dues and the initiation fees uniformly required as a condition for acquiring or retaining membership.

(3) To refuse to bargain collectively with an employer, provided it is the representative of the employees subject to the provisions of section 1583 of this title.

(4) To engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or to threaten, coerce, or restrain any person where in either case an object thereof is:

(A) Forcing or requiring any employer or self-employed person to join any labor or employer organization or to enter into any agreement that is prohibited by subsection (c) of this section.

(B) Forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of employees unless such labor organization has been certified as the representative of such employees under the provisions of section 1581 of this title, but this subdivision shall not be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing.

(C) Forcing or requiring any employer to recognize or bargain with a particular labor organization as the employee's representative if another labor organization has been certified as the representative of those employees under section 1581 of this title.

(D) Forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work. This subsection (b) shall not be construed to make unlawful a refusal by any person to enter upon the premises of any employer, other than the person's own employer, if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom the employer is required to recognize under this chapter. Nothing in this subdivision shall be construed to prohibit publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of a labor organization, that a product or products are produced by an employer with whom the labor organization has a primary dispute and are distributed by another employer, as long as such publicity does not have an effect of inducing any individual employed by any person other than the primary employer in the course of employment to refuse to pick up, deliver, or transport any goods, or not to perform any services, at the establishment of the employer engaged in such distribution.

(5) To require employees covered by the agency fee requirement or other union security agreement authorized under subsection (a) of this section to pay, as a condition precedent to becoming a member of such organization, a fee in an amount that the Board finds excessive or discriminatory under all the circumstances. In making such a finding, the Board shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry and the wages currently paid to the employees affected.

(6) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services that are not performed or not to be performed or that are not needed or required by the employer.

(7) To picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object of the picketing is forcing or requiring an employer to recognize or bargain with a labor organization as the employee's representative, or forcing or requiring the employees of an employer to accept or select the labor organization as their collective bargaining representative, unless the labor organization is currently certified as the representative of the employees:

(A) Where the employer has lawfully recognized in accordance with this subchapter any other labor organization and a question concerning representation may not appropriately be raised under section 1581 of this title.

(B) Where within the preceding 12 months a valid election under section 1581 of this title has been conducted.

(C) Where the picketing has been conducted without a petition under section 1581 of this title being filed within 30 days after the picketing began. When such a petition has been filed, the Board shall promptly, without regard to section 1581 of this chapter or the absence of a showing of a substantial interest on the part of the labor organization, direct an election in the unit as the Board finds to be appropriate and shall certify the results of the election. This subdivision (C) shall not be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public, including consumers, that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of the picketing is to induce any individual employed by any other person in the course of the individual's employment, not to pick up, deliver, or transport any goods or not to perform any services. This subdivision (b)(7) shall not be construed to permit any act that would otherwise be an unfair labor practice under this subsection.

(8) Compulsory membership; employees' rights. A labor organization entering into an agreement requiring a person's membership in the labor organization as a condition of employment by the employer shall not:

(A) discriminate against a person seeking or holding membership in the labor organization on account of race, color, disability, religion, creed, sex, sexual orientation, gender identity, age, or national origin;

(B) penalize a member for exercising a right guaranteed by the Constitution or laws of the United States or the State of Vermont; or

(C) cause the discharge from employment of employees who refuse membership in the labor organization because of religious beliefs.

(c) It shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, under which the employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in any of the products of any other employer, or to cease doing business with any other person, and any contract or agreement entered into before or after enactment of this chapter containing such an agreement shall be to that extent unenforceable and void.

(d) The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, oral, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this chapter, if such expression contains no threat of reprisal or force or promise of benefit.

(e)(1) For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising under the agreement, and the execution of a written contract incorporating any agreement reached is requested by either party; but the failure or refusal of either party to agree to a proposal, or to change or withdraw a lawful proposal, or to make a concession shall not constitute, or be evidence direct or indirect of, a breach of this obligation.

(2) Where there is in effect a collective bargaining contract covering employees, the duty to bargain collectively shall also mean that no party to such contract shall terminate or modify such contract unless the party desiring such termination or modification:

(A) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification;

(B) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

(C) notifies the Chair of the Board within 30 days after such notice of the existence of a dispute, provided no agreement has been reached by the time; and

(D) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given or until the expiration date of such contract, whichever occurs later.

(3) The duties imposed upon employers, employees, and labor organizations by subdivisions (e)(2)(B), (C), and (D) shall become inapplicable upon an intervening certification of the Board, under which the labor organization or individual, which is a party to the contract, has been superseded as or ceased to be the representative of the employees subject to the provisions of section 1583 of this title, and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modifications of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract. Any employee who engages in a strike within the 60-day period specified in this subsection shall lose his or her status as an employee for the employer engaged in the particular labor dispute, for the purposes of this chapter, as amended, but such loss of status for such employee shall terminate if and when he or she is re-employed by such employer.

(f) [Repealed.]
21 V.S.A. § 206 — VT Code / Title 21 / Chapter 3 / Section 206
§ 206. Inspections and investigations
Status: in_force

(a) The Commissioner or the Director, or their agents, may enter upon a premises, upon presenting appropriate credentials to the occupant, at reasonable times, for the purpose of inspecting the premises within reasonable limits and in a reasonable manner, to determine whether the provisions of the VOSHA Code and this chapter and the rules adopted pursuant to the VOSHA Code and this chapter are being observed. If entry is refused, the Commissioner or the Director may apply to a Superior Court judge for an order to enforce the rights given to the Commissioner and the Director and their agents under this section.

(b) In making inspections and investigations, the Commissioner or the Director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage as are paid witnesses in Superior Court in criminal cases. In case of a contumacy, failure, or refusal of any person to obey such an order, any Superior Court within the jurisdiction of which the person is found resides, or transacts business, upon the application by the Commissioner, shall have jurisdiction to issue to the person an order requiring the person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt of court.

(c) No person shall give advance notice of any inspection under the VOSHA Code, without prior authority of the Commissioner or the Director, which shall be in writing.

(d) Under the VOSHA Code, the Secretary of Human Services and the Commissioner shall adopt rules regarding inspections and investigations to conform with the provisions and requirements of the Act.

(e) Subject to rules adopted by the Commissioner or Secretary, a representative of the employer and a representative authorized by the employer's employees shall be given an opportunity to accompany the Commissioner or Secretary or the Commissioner or Secretary's authorized agent during the physical inspection of any workplace under subsection (a) of this section for the purpose of aiding such inspection. Where there is no authorized employee representative, the Commissioner or Secretary or the Commissioner or Secretary's authorized agent shall consult with a reasonable number of employees concerning matters of safety and health in the workplace.

(f) Any employees or representative of employees who believes that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the Commissioner or Secretary or the Commissioner or Secretary's authorized agent of the violation or danger. The notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employees or representative of employees. A copy of the notice shall be provided the employer or the employer's agent not later than at the time of inspection, except that, upon the request of the person giving the notice, the person's name and the names of individual employees referred to in the notice shall not appear in the copy or on any record published, released, or made available by the Commissioner or Secretary. If upon receipt of the notification the Commissioner or Secretary determines there are reasonable grounds to believe that a violation or danger exists, the Commissioner or Secretary shall make a special inspection in accordance with the provisions of this section as soon as practicable to determine if a violation or danger exists. If the Commissioner or Secretary determines there are no reasonable grounds to believe that a violation or danger exists, the Commissioner or Secretary shall notify the employees or representative of the employees in writing of the determination.

(g) Prior to or during any inspection of a workplace, any employees or representative of employees employed in the workplace may notify the Commissioner or Secretary or any agent of the Commissioner or Secretary responsible for conducting the inspection, in writing, of any violation of this Code that they have reason to believe exists in the workplace. The Commissioner shall, by rule, establish procedures for informal review of any refusal by a representative of the Commissioner to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting the review with a written statement of the reasons for the Commissioner's final disposition of the case.
21 V.S.A. § 495o — VT Code / Title 21 / Chapter 5 / Section 495o
§ 495o. Employer communications relating to religious or political matters; employee rights
Status: in_force

(a) An employer, or an employer's agent, shall not discharge, discipline, penalize, or otherwise discriminate against, or threaten to discharge, discipline, penalize, or otherwise discriminate against, an employee:

(1) because the employee declines:

(A) to attend or participate in an employer-sponsored meeting that has the primary purpose of communicating the employer's opinion about religious or political matters; or

(B) to view or participate in communications with or from the employer or the employer's agent that have the primary purpose of communicating the employer's opinion about religious or political matters; or

(2) as a means of requiring an employee to:

(A) attend an employer-sponsored meeting that has the primary purpose of communicating the employer's opinion about religious or political matters; or

(B) view or participate in communications with or from the employer or the employer's agent that have the primary purpose of communicating the employer's opinion about religious or political matters.

(b) Nothing in this section shall be construed to:

(1) limit an employee's right to bring a civil action for wrongful termination; or

(2) diminish or limit any rights provided to an employee pursuant to a collective bargaining agreement or employment contract.

(c) Nothing in this section shall be construed to prohibit an employer that is a religious or denominational institution or organization, or any organization operated for charitable or educational purposes, that is operated, supervised, or controlled by or in connection with a religious organization, from:

(1) communicating with its employees regarding the employer's opinion on religious matters;

(2) requiring its employees to attend a meeting regarding the employer's opinion on religious matters; or

(3) requiring its employees to view or participate in communications from the employer or the employer's agent regarding the employer's opinion on religious matters.

(d) Nothing in this section shall be construed to prohibit an employer that is a political organization, a political party, or an organization that engages, in substantial part, in political matters from:

(1) communicating with its employees regarding the employer's opinion on political matters;

(2) requiring its employees to attend a meeting regarding the employer's opinion on political matters; or

(3) requiring its employees to view or participate in communications from the employer or the employer's agent regarding the employer's opinion on political matters.

(e) Nothing in this section shall be construed to prohibit an employer or the employer's agent from:

(1) communicating information to an employee:

(A) that the employer is required to communicate pursuant to State or federal law; or

(B) that is necessary for the employee to perform the employee's job functions or duties;

(2) requiring an employee to attend a meeting to discuss issues related to the employer's business or operation when the discussion is necessary for the employee to perform the employee's job functions or duties; or

(3) offering meetings, forums, or other communications about religious or political matters for which attendance or participation is entirely voluntary.

(f)(1) The penalty and enforcement provisions of section 495b of this subchapter shall apply to this section.

(2) The provisions against retaliation in subdivision 495(a)(8) of this subchapter shall apply to this section.

(g) As used in this section:

(1) “Political matters” means matters relating to:

(A) political affiliation;

(B) elections for political office;

(C) political parties;

(D) legislative proposals;

(E) the decision to join or support any political party or political, civic, community, fraternal, or labor organization; or

(F) any combination of subdivisions (A) through (E) of this subdivision (g)(1).

(2) “Religious matters” means matters relating to:

(A) religious affiliation;

(B) religious practice;

(C) the decision to join or support any religious or denominational organization or institution; or

(D) any combination of subdivisions (A) through (C) of this subdivision (g)(2).
21 V.S.A. § 1203 — VT Code / Title 21 / Chapter 15 / Section 1203
§ 1203. Employment Service Division; creation; rules
Status: in_force

(a) There is hereby created, under the direction of the Commissioner of Labor, a division to be known as the Vermont Employment Service Division, responsible for administering a system of public employment offices for the purpose of assisting employers to secure employees and workers to secure employment.

(b) The Commissioner is authorized and directed to establish Division offices in various locations in the State as the Commissioner deems necessary and to adopt rules not inconsistent with any of the provisions of this chapter.

(c) The Commissioner shall appoint the director, assistants, and other employees of the Vermont Employment Service Division in accordance with the regulations prescribed by the Secretary of the U.S. Department of Labor.
21 V.S.A. § 1501 — VT Code / Title 21 / Chapter 19 / Section 1501
§ 1501. Title and declaration of policy
Status: in_force

(a) This chapter shall be known as the State Labor Relations Act.

(b) It is the purpose and policy of this chapter to prescribe the legitimate rights of both employees and employers in their relations with each other, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations, to define and proscribe practices on the part of labor and management that are harmful to the general welfare, and to protect the rights of the public in connection with labor disputes. (1967, No. 198, § 1; amended 1969, No. 51, § 1, eff. April 8, 1969.)
21 V.S.A. § 1424 — VT Code / Title 21 / Chapter 17 / Section 1424
§ 1424. Weekly extended benefit amount
Status: in_force

The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year.
21 V.S.A. § 681 — VT Code / Title 21 / Chapter 9 / Section 681
§ 681. Claims not assignable
Status: in_force

Claims for compensation under the provisions of this chapter shall not be assignable. Compensation and claims for compensation shall be exempt from all claims of creditors, except as provided in section 682 of this chapter.
21 V.S.A. § 1728 — VT Code / Title 21 / Chapter 22 / Section 1728
§ 1728. Freedom of expression
Status: in_force

The expression of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, oral, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or promise of benefit.
21 V.S.A. § 701 — VT Code / Title 21 / Chapter 9 / Section 701
§ 701. Reports of accidents by employers
Status: in_force

(a) Every employer liable to pay compensation under the provisions of this chapter shall keep a record of all injuries, fatal or otherwise, sustained by the employer's employees in the course of their employment and shall report such an injury causing an absence of one day or more, or necessitating medical attendance, to the Commissioner in writing upon forms to be procured from the Commissioner for that purpose within 72 hours, Sundays and legal holidays excluded, after the occurrence of the injury.

(b) At the termination of the disability of the injured employee, the employer shall make a final report upon forms procured from the Commissioner.

(c) If the disability extends beyond a period of 60 days, at the expiration of each 60-day period, the employer shall make a supplemental report to the Commissioner that the injured employee is still disabled and, at the termination of the disability, shall file a final report as provided in this section.
21 V.S.A. § 655a — VT Code / Title 21 / Chapter 9 / Section 655a
§ 655a. Release of relevant medical records by health care providers; Department to oversee release and use of relevant medical information
Status: in_force

(a) Health care providers examining or attending the examination of an injured worker pursuant to this chapter shall provide relevant medical records and reports as requested by the injured worker, the employer, or the Department regarding the diagnosis, condition, or treatment of the worker, permanent impairment, or any restrictions or limitations on the worker's ability to work upon receiving a written medical release authorization from the injured worker. The authorization shall be on a form approved by the Department. If the relevance of any medical information is disputed, the Department shall determine whether the requested medical information is relevant.

(b) Medical information relevant to the specific claim includes a past history of complaints or treatment of a condition similar to that presented in the claim or other conditions related to the same body part. Information that may be requested includes:

(1) Minimum data to justify services and payment, including that on the standard paper 1500 form or electronic 837 form.

(2) Office notes of the examination relating to the injury diagnosis or treatment.

(3) Any other relevant provider records contained in the file.

(c) An injured worker shall only be obligated to sign a medical record release authorization approved by the Department.

(d) Any medical information received by the employer or the insurance carrier that is found not to be relevant to the claim may not be used to deny or limit a claim. The Commissioner may order that specific disclosure requests be denied or rescinded and may make such other interim orders as are appropriate.

(e) Any medical information received in conjunction with a claim shall be used only for the purpose of advancing or defending a claim relating to the injury or of investigating a claim of false representation or of ensuring compliance with the workers' compensation statutes and rules.
21 V.S.A. § 347 — VT Code / Title 21 / Chapter 5 / Section 347
§ 347. Forfeiture
Status: in_force

An employer who violates section 342 or 343 of this title shall forfeit to the individual injured twice the value thereof, to be recovered in a civil action, and all costs and reasonable attorney's fees. However, an action may not be maintained under this section unless at the time the action is brought, the wages remain unpaid or improperly paid.
21 V.S.A. § 143 — VT Code / Title 21 / Chapter 3 / Section 143
§ 143. License required
Status: in_force

No person shall erect, construct, wire, alter, replace, or maintain any conveyance located in any public building in this State unless the person is licensed as an elevator mechanic, except that person who is licensed as a lift mechanic may erect, construct, wire, alter, replace, or maintain any conveyance located in any public building. An apprentice or helper may perform any of the activities described in this section only when a mechanic licensed under this chapter is physically present and is immediately available to direct and supervise that apprentice or helper.
21 V.S.A. § 1725 — VT Code / Title 21 / Chapter 22 / Section 1725
§ 1725. Collective bargaining procedure
Status: in_force

(a)(1) For the purpose of collective bargaining, the representatives of the municipal employer and the bargaining unit shall meet at any reasonable time and shall bargain in good faith with respect to wages, hours, and conditions of employment and shall execute a written contract incorporating any agreement reached; provided, however, that neither party shall be compelled to agree to a proposal nor to make a concession, nor to bargain over any issue of managerial prerogative.

(2)(A) For the purpose of collective bargaining related to municipal school employees, “wages, hours, and conditions of employment” shall not include health care benefits or coverage other than stand-alone vision and dental benefits. Health care benefits and coverage, excluding stand-alone vision and dental benefits but including health reimbursement arrangements and health savings accounts, shall not be subject to collective bargaining by municipal school employees pursuant to this chapter, but shall be determined pursuant to 16 V.S.A. chapter 61.

(B) All written contracts executed in relation to municipal school employees shall incorporate by reference the terms of the agreement entered into pursuant to 16 V.S.A. chapter 61.

(b) The municipal employer shall be represented in the bargaining by its legislative body or its designated representative or representatives. If the municipal employer is a supervisory district or supervisory union, it shall be represented by the school board negotiations council, and the bargaining unit shall be represented by the school employees' negotiations council.

(c) In the event that any part or provision of a collective bargaining agreement is in conflict with any State law, charter, or special act, such law shall prevail so long as the conflict remains except as provided to the contrary in subsection 1734(b) of this title. In the event any part or provision of a collective bargaining agreement is in conflict with any ordinance, bylaw, rule, or regulation adopted by the municipal employer or its agents, the lawful vote of the legislative body approving the written agreement shall validate the collective bargaining agreement and shall supersede such ordinance, bylaw, rule, or regulation.
21 V.S.A. § 1037 — VT Code / Title 21 / Chapter 12 / Section 1037
§ 1037. Workers' compensation
Status: in_force

(a) Workers' compensation insurance premiums shall be determined and paid based on the experience rating of the client company for which the leased employee performs services, provided the client company has sufficient workers' compensation premium volume to be experience rated, otherwise the premiums shall be the rate approved for an employer that cannot be experience rated.

(b) Both the employee leasing company and its client company shall be entitled to the exclusivity of remedy provisions of section 622 of this title provided that workers' compensation coverage is in effect.

(c) A workers' compensation insurer shall notify the Commissioner and the client company not later than 30 days prior to any lapse or cancellation of workers' compensation coverage.
21 V.S.A. § 495c — VT Code / Title 21 / Chapter 5 / Section 495c
§ 495c. Application
Status: in_force

This subchapter shall not be construed as limiting the rights of employers to hire and fire and of labor organizations to determine the membership as long as such rights are not exercised in violation of this subchapter. (1963, No. 196, § 4.)
21 V.S.A. § 616 — VT Code / Title 21 / Chapter 9 / Section 616
§ 616. Employments covered
Status: in_force

(a) Except as otherwise provided in this section and other provisions of this chapter, this chapter shall apply to all employment in this State, and where provided, to employment outside of the State.

(b) This chapter does not apply to employment in any case where the laws of the United States of America provide for compensation, by an employer to his or her employee, for injury or death in employment. However, if jurisdiction is vested in this State under such laws, this chapter shall apply to the employment.
21 V.S.A. § 1117 — VT Code / Title 21 / Chapter 13 / Section 1117
§ 1117. Standards of apprenticeship
Status: in_force

(a) An apprenticeship program shall conform to the standards identified in this section to be eligible for approval and registration by the Vermont Registered Apprenticeship Program.

(b) A program sponsor shall have an organized, written plan specifying program standards that embody the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation and subscribed to by a sponsor who has undertaken to carry out the local apprentice training program.

(c) The written plan shall contain provisions that address the following:

(1) Apprenticeable occupation. The employment and training of the apprentices in an apprenticeable occupation.

(2) Term and modality of program. The term of the program measured using either a time-based approach, competency-based approach, or a hybrid approach.

(A) The time-based approach measures skill acquisition through the individual apprentice's completion of a minimum of 2,000 hours to a maximum of 10,000 hours of on-the-job learning as described in a work process schedule.

(B) The competency-based approach measures skill acquisition through the individual apprentice's successful demonstration of acquired skills and knowledge, as verified by the program sponsor, and cannot be less than one year in length. Programs utilizing this approach shall require apprentices to complete an on-the-job learning component. The program standards shall address how on-the-job learning will be integrated into the apprenticeship program, describe competencies, and identify appropriate means of testing and evaluation for such competencies.

(C) The hybrid approach measures the individual apprentice's skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.

(D) The determination of the appropriate approach for the apprenticeship program standards is made by the program sponsor, subject to the approval by the Vermont Registered Apprenticeship Program.

(3) Work process. An outline of the work processes in which the apprentice will receive supervised work experience and on-the-job training and the allocation of the approximate amount of time to be spent in each major process.

(4) Related instruction and instructor requirements. An organized description of related instruction and technical subjects related to the occupation that shall include a minimum of 144 hours of related technical instruction for each year of apprenticeship. Instruction and technical subjects may be accomplished through media such as classroom, occupational or industry courses, electronic media, or other instruction approved by the Vermont Registered Apprenticeship Program. Every apprenticeship instructor shall:

(A) Meet the Agency of Education's requirements for a career and technical education instructor or be a subject matter expert, which is an individual, such as a journey-worker, who is recognized within an industry as having expertise in a specific occupation.

(B) Have training in teaching techniques and adult learning styles. This training may occur not later than one year after the apprenticeship instructor has started to provide the related technical instruction.

(5) Wage schedule. A schedule of progressively increasing wages to be paid to an apprentice consistent with the skill acquired. The entry wage shall not be less than minimum wage or 50 percent of the journey-worker rate, whichever is highest, for adult registered apprentices, unless a higher wage is required by other applicable State law or rules or federal law or regulations, or by collective bargaining agreement. For purposes of this subdivision, “journey-worker rate” is the rate of pay established by the sponsor for an apprentice who has met all of the skill, knowledge, and competency requirements for that occupation.

(6) Fringe benefits. Fringe benefits made available to nonapprentices within the company shall also be available to apprentices registered in the company's apprenticeship program.

(7) Apprentice performance evaluation. Provision for periodic review and evaluation of the apprentice's performance on the job and in related instruction and the maintenance of appropriate progress records, including maintaining records of hours worked for those apprentices in time-based programs.

(8) Ratio. Provision for a numeric ratio of apprentices to journey-workers consistent with proper supervision, training, safety, and continuity of employment and with applicable provisions in collective bargaining agreements, except where such ratios are expressly prohibited by the collective bargaining agreement. The ratio language shall be specific and clearly described as to its application to the job site, workforce, department, or plant. The ratio shall comply with the requirements set forth in this chapter. Any variances requested to the set ratio shall be approved in advance of the variance being applied to the apprenticeship program.

(9) Probationary period. A probationary period reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship. The probationary period cannot exceed 25 percent of the length of the apprenticeship program, or one year, whichever is shorter.

(10) Equipment and facilities. Provision for adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction.

(11) Minimum qualifications. Facially neutral, minimum qualifications required by the sponsor for persons entering the apprenticeship program, with an eligible starting age of not less than 16 years of age, or 18 years of age if required by State law or rules or by federal law or regulations.

(12) Placement. Provision for the placement of an apprentice under a written apprenticeship agreement that meets the requirements of this chapter and 29 C.F.R. § 29.7 is approved by the Vermont Registered Apprenticeship Program, and directly, or by reference, incorporates the standards of the apprenticeship program as part of the agreement.

(13) Registration cards. Provision that identifies the need for a card to be produced that confirms the registration status of an apprentice in an approved occupation.

(14) Advanced Standing. Provision for the granting of advanced standing or credit for demonstrated competency, acquired experience, training, or skills, that shall be applied to all applicants equally with commensurate wages for any progression step so granted.

(15) Transfer. Provision for transfer of an apprentice between apprenticeship programs and within an apprenticeship program. Such a transfer shall be based on agreement between the apprentice and the affected apprenticeship committees or program sponsors, and shall comply with the following requirements:

(A) the transferring apprentice shall be provided a transcript of related instruction and on-the-job learning by the program sponsor;

(B) the transfer shall be to the same occupation; and

(C) a new apprenticeship agreement shall be executed when the transfer occurs between program sponsors.

(16) Qualified training personnel. Assurance of qualified training personnel and adequate supervision on the job.

(17) Completion. Provision for recognition for successful completion of apprenticeship evidenced by an appropriate certificate issued by the Vermont Registered Apprenticeship Program.

(18) Interim and stackable credentials. Apprenticeship program standards that utilize the competency-based or hybrid approach for progression through an apprenticeship and that choose to issue interim credentials shall clearly identify the interim credentials, demonstrate how these credentials link to the components of the apprenticeable occupation, and establish the process for assessing an individual apprentice's demonstration of competency associated with the interim credential. Further, interim credentials shall only be issued for recognized components of an apprenticeable occupation thereby linking interim credentials specifically to the knowledge, skills, and abilities associated with those components of the apprenticeable occupation.

(19) Registration agency. Identification of the Vermont Department of Labor as the registration agency.

(20) Program modifications. Provision for the registration, cancellation, and deregistration of the apprenticeship program and for the prompt submission of any program standard modification or amendment to the Vermont Registered Apprenticeship Program for approval.

(21) Registering apprentices. Provision for apprenticeship agreements, modifications, and amendments; notice to the Vermont Registered Apprenticeship Program of persons who have successfully completed apprenticeship programs within 45 days after completion of all requirements; and notice of transfers, suspensions, and cancellations of apprenticeship agreements and a statement of the reasons for the action, transfer, suspension, or cancellation.

(22) Cancellation. Provision for the authority to cancel an apprenticeship agreement during the probationary period by either party without cause.

(23) Equal Employment Opportunity. Provision for compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed in 29 C.F.R. § 30.3(c); an affirmative action program complying with 29 C.F.R. § 30.4 and a method for the selection of apprentices complying with 29 C.F.R. § 30.10, or compliance with parallel requirements contained in the Department's State Plan for Equal Employment Opportunity in Apprenticeship adopted under 29 C.F.R. Part 30 and approved by federal Office of Apprenticeship. The apprenticeship standards shall also include a statement that the program will be conducted, operated, and administered in conformity with applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable the State Plan for Equal Employment Opportunity in Apprenticeship.

(24) Contact information. The name, physical address, telephone number, and e-mail address for the appropriate individual with authority under the apprenticeship program to receive, process, and make disposition of complaints.

(25) Recordkeeping. Provision for recording and maintenance of all records concerning apprenticeship as may be required by the Vermont Registered Apprenticeship Program and other applicable law.
21 V.S.A. § 1503 — VT Code / Title 21 / Chapter 19 / Section 1503
§ 1503. Rights of employees; mutual duty to bargain
Status: in_force

(a) Employees shall have the right to self-organization; to form, join, or assist labor organizations; to bargain collectively through representatives of their own choice; and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in subsection 1621(a) of this title. An employee who exercises the right not to join the labor organization representing the employee's certified unit pursuant to section 1581 of this title shall, subject to subsection (b) of this section, pay the agency fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The labor organization agrees to indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the agency fee.

(b) A labor organization shall not charge the agency fee unless it has established and maintained a procedure to provide nonmembers with:

(1) An audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses.

(2) An opportunity to object to the amount of the agency fee sought and to place in escrow any amount reasonably in dispute.

(3) Prompt arbitration by an arbitrator selected jointly by the objecting fee payer and the labor organization or pursuant to the rules of the American Arbitration Association to resolve any objection over the amount of the agency fee. The costs of arbitration shall be paid by the labor organization.
21 V.S.A. § 154 — VT Code / Title 21 / Chapter 3 / Section 154
§ 154. Enforcement
Status: in_force

(a) The Commissioner may contract with elevator inspectors to perform random on-site inspections and tests on existing conveyances, conduct periodic inspections and tests to ensure satisfactory performance by licensed individuals, and develop public awareness programs.

(b) If the Commissioner finds a violation of this subchapter, the Commissioner may:

(1) order the owner of the premises or the owner's agent and the individuals performing the work to correct or remove the violation;

(2) suspend or retract the permit; or

(3) order the owner, a public utility, or a private party furnishing electricity to the installation not to connect or disconnect electrical energy from the conveyance until the violation is corrected.
21 V.S.A. § 1421 — VT Code / Title 21 / Chapter 17 / Section 1421
§ 1421. Definitions
Status: in_force

As used in this subchapter,

(1) “Extended benefit period” means a period that:

(A) begins with the third week after a week for which there is a State “on” indicator; and

(B) ends with either of the following weeks, whichever occurs later:

(i) the third week after the first week for which there is a State “off” indicator; or

(ii) the 13th consecutive week of the period;

(I) No extended benefit period may begin by reason of a State “on” indicator before the 14th week following the end of a prior extended benefit period that was in effect with respect to this State.

(2) State “on” indicator.

(A) There is a State “on” indicator for a week if the Commissioner determines, in accordance with the regulations of the U.S. Secretary of Labor that, for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter:

(i) equaled or exceeded six percent; or

(ii) equaled or exceeded five percent and equaled or exceeded 120 percent of the average of those rates for the corresponding 13-week period ending in each of the two preceding calendar years.

(B) There is a State “on” indicator for a week if the seasonally adjusted average rate of total unemployment in this State for the period consisting of the most recent three months for which data for all states are published before the close of the week:

(i) equaled or exceeded 6.5 percent; and

(ii) equaled or exceeded 110 percent of the average rate for either, or both, of the corresponding three-month periods ending in the two preceding calendar years.

(3) State “off” indicator. There is a State “off” indicator for a week if the requirements of both subdivisions (A) and (B) of this subdivision are satisfied.

(A) The Commissioner determines, in accordance with the regulations of the U.S. Secretary of Labor that, for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter was:

(i) less than five percent; or

(ii) less than six percent and less than 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding two calendar years.

(B) The requirements of either subdivision (2)(B)(i) or (ii) of this section are not satisfied.

(4) “Rate of insured unemployment” and “rate of total unemployment.”

(A) “Rate of insured unemployment,” as used in subdivisions (2)(A) and (3)(A) of this section, means the percentage derived by dividing the average weekly number of individuals filing claims for regular benefits in this State for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the Commissioner on the basis of the Commissioner's reports to the U.S. Secretary of Labor by the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

(B) As used in subdivisions (2)(B) and (3)(B) of this section, determinations of the “rate of total unemployment” in this State for any period, and of any seasonal adjustment, shall be made by the U.S. Secretary of Labor.

(5) “Regular benefits” mean benefits payable to an individual under this chapter or under any other state's law, including benefits payable for federal service pursuant to 5 U.S.C. chapter 85, other than extended benefits.

(6) “Extended benefits” mean benefits, including benefits payable for federal service pursuant to 5 U.S.C. chapter 85, payable to an individual under the provisions of this section for weeks of unemployment in the individual's eligibility period.

(7) “Eligibility period” of an individual means the period consisting of weeks in the individual's benefit year that begin in an extended benefit period and, if the individual's benefit year ends within the extended benefit period, any weeks after the individual's benefit year that begin in that period.

(8) “Exhaustee” means an individual who, with respect to any week of unemployment in the individual's eligibility period:

(A) has received, prior to that week, all of the regular benefits that were available to the individual under this chapter or any other state law, including dependent's allowances and benefits payable for federal service under 5 U.S.C. chapter 85, in the individual's current benefit year that includes the week; provided that, for the purposes of this subdivision, an individual shall be deemed to have received all of the regular benefits that were available to the individual although as a result of a pending appeal with respect to wages or employment that were not considered in the original monetary determination in the individual's benefit year, the individual may subsequently be determined to be entitled to added regular benefits; or

(B) the individual's benefit year having expired prior to the week, has no, or insufficient, wages or employment on the basis of which the individual could establish a new benefit year that would include that week; and

(C) the individual has no right to unemployment benefits or allowances, under the Railroad Unemployment Insurance Act, and other federal laws specified in regulations issued by the U.S. Secretary of Labor and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under the law the individual is considered an exhaustee.

(9) “State law” means the unemployment insurance law of any state, approved by the U.S. Secretary of Labor under 26 U.S.C. § 3304.

(10) “Suitable work” means, with respect to any individual, any work that is within the individual's capabilities; except that, if the individual furnished evidence satisfactory to the Commissioner that the individual's prospects for obtaining work in the individual's customary occupation within a reasonably short period are good, the determination of whether any work is suitable work with respect to the individual shall be made in accordance with the provisions of subdivision 1344(a)(2) of this chapter.
21 V.S.A. § 494d — VT Code / Title 21 / Chapter 5 / Section 494d
§ 494d. Employee rights in related proceedings
Status: in_force

No employee shall be discharged, disciplined, or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of the provisions of this subchapter. An employee discriminated against in violation of the provisions of this section shall be compensated by his or her employer the amount of any loss of wages and benefits arising out of such discrimination and shall be restored to his or her previous position of employment.
21 V.S.A. § 1301 — VT Code / Title 21 / Chapter 17 / Section 1301
§ 1301. Definitions
Status: repealed

As used in this chapter:

(1) “Benefits” and “compensation” mean the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment.

(2) “Commissioner” means the Commissioner of Labor or the Commissioner's authorized representative.

(3) “Contributions” means the money payments to the State Unemployment Compensation Trust Fund required by this chapter.

(4) “Employing unit” means any individual or type of organization, including any partnership, association, labor organization as defined in the National Labor Relations Act, 29 U.S.C. § 152(5), trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, or the legal representative of a deceased person, any federal, state, or local governmental entity, which has had in its employ one or more individuals performing services for it within this State. All individuals performing services within this State for any employing unit that maintains two or more separate establishments within this State shall be deemed to be employed by a single employing unit for all the purposes of this chapter.

(5) “Employer” includes:

(A) Any employing unit that in any calendar quarter in either the current or preceding calendar year paid for service in employment, as defined pursuant to subdivision (6) of this section, wages of $1,500.00 or more, or for some portion of a day in each of 20 different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual (irrespective of whether the same individual was in employment in each such day). When an employing unit described in either this subdivision (A) or subdivision (B) of this subdivision (5) becomes an employer within any calendar year, it shall be subject to this chapter for the whole of the calendar year.

(B)(i) Any employing unit for which service in employment for a religious, charitable, educational, or other organization as defined in subdivision (6)(A)(ix) of this section is performed, except as provided in subdivision (C) of this subdivision (5).

(ii) Any employing unit for which service in employment for the State and any of its instrumentalities, for a hospital or an institution of higher education as defined in subdivision (6)(A)(x)(I) of this section is performed, except as provided in subdivision (5)(C) of this section.

(iii) Any employing unit for which service in employment for the State or any political subdivision as defined in subdivision (6)(A)(x)(II) of this section is performed, except as provided in subdivision (5)(C) of this section.

(iv) Any employing unit for which agricultural labor as described in subdivision (6)(A)(vii)(I) of this section is performed.

(v) Any employing unit for which domestic service in employment as described in subdivision (6)(A)(viii) is performed.

(C) An employing unit as described in subdivisions (5)(A) and (B) of this section except:

(i) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under this subdivision (5), the wages earned or the employment of an employee performing domestic service as described in subdivision (5)(B)(v) of this section shall not be taken into account unless the total cash remuneration paid in any calendar quarter for domestic services is $1,000.00 or more.

(ii) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under this subdivision (5), the wages earned or the employment of an employee performing service in agricultural labor shall not be taken into account unless the agricultural labor is in accordance with subdivision (6)(A)(vii)(I) of this section. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for purposes of subdivision (5)(A) of this section.

(D) Any individual or employing unit that acquired the organization, trade, or business of another that at the time of the acquisition was an employer subject to this chapter.

(E)(i) Any employing unit that filed with and had approved by the Commissioner, on the proper forms prescribed and supplied by the Commissioner, its written election to become fully subject to this chapter for not less than two calendar years. The employing unit, not otherwise subject to this chapter, that files with the Commissioner its written election to become an employer subject to this chapter for not less than two calendar years, shall, with the written approval of the election by the Commissioner, become an employer subject to this chapter to the same extent as all other employers, as of the date stated in the approval.

(ii) Any employing unit for which services that are excluded from the term “employment” by subdivisions (6)(A)(ix) and (6)(C)(i) and (ii) of this section are performed may, by election and approval, elect that all services performed by individuals in its employ, in one or more establishments or places of business, shall be deemed to constitute employment for all the purposes of this chapter for not less than two calendar years. Upon the written approval of the election by the Commissioner the services shall be deemed to constitute employment subject to this chapter from the date stated in the approval.

(iii) Any such employing unit may cease to be subject under either subdivision (5)(E)(i) or (ii) of this section, as of January 1, of any calendar year subsequent to the two calendar years, only if at least 30 days prior to the first day of January it files with the Commissioner a written notice of its intention to cancel the election. This requirement may be waived by the Commissioner for good cause.

(F) Any employing unit that acquires a part of the organization, trade, or business of another, which part, if a separate organization, trade, or business, would have been an employer. Any employing unit that acquires the organization, trade, or business, or acquires substantially all the assets of another employing unit, if the employment record of the acquiring employing unit subsequent to such an acquisition, together with the employment record of the acquired unit prior to the acquisition, both within the same calendar year, would be sufficient to constitute an employing unit an “employer.”

(G) Any employing unit not an employer by reason of any other provision of this subdivision (5) for which, within either the current or preceding calendar year, service is or was performed with respect to which the employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment fund; or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, pursuant to the Act, to be an “employer” under this chapter.

(6)(A)(i) “Employment,” subject to the other provisions of this subdivision (6), means service within the jurisdiction of this State performed by an employee, as defined in subsections 3306(i) and (o) of the Federal Unemployment Tax Act, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied. Services partly within and partly outside this State may by election as provided in subdivision (5)(E)(i) of this section be treated as if wholly within the jurisdiction of this State. If an employing unit has elected to come under the provisions of a similar act of a state where a part of the services of an employee are performed, the Commissioner, upon approving the election as to the employee, may treat the services covered by the election as having been performed wholly outside the jurisdiction of this State.

(ii) The term “employment” includes an individual's entire service, performed within, or both within and outside, this State if the service is localized in this State. Service shall be deemed to be localized within a state if:

(I) the service is performed entirely within the state; or

(II) the service is performed both within and outside the state but the service performed outside the state is incidental to the individual's service within the state; for example, is temporary or transitory in nature or consists of isolated transactions.

(iii) The term “employment” includes an individual's entire service, performed within, or both within and outside, this State if the service is not localized in any state but some of the service is performed in this State and:

(I) the individual's base of operations is in this State;

(II) if there is no base of operations, then the place from which the service is directed or controlled is in this State; or

(III) the individual's base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this State.

(iv) The term “employment” includes an individual's service wherever performed within the United States, the Virgin Islands, or Canada, if:

(I) the service is not covered under the unemployment compensation law of any other state, the Virgin Islands, or Canada; and

(II) the place from which the service is directed or controlled is in this State.

(v) The term “employment” includes the service of an individual who is a citizen of the United States, performed outside the United States in the employ of an American employer (other than service that is deemed “employment” under the provisions of subdivisions (6)(A)(ii), (iii), or (iv) of this section or the parallel provisions of another state's law), if:

(I) the employer's principal place of business in the United States is located in this State; or

(II) the employer has no place of business in the United States, but the employer is an individual who is a resident of this State; or the employer is a corporation that is organized under the laws of this State; or the employer is a partnership or a trust and the number of the partners or trustees who are residents of this State is greater than the number who are residents of any one other state; or

(III) none of the criteria of subdivisions (6)(A)(v)(I) and (II) of this section is met but the employer has elected coverage in this State or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service under the law of this State.

(IV) An “American employer,” for purposes of this subdivision (6)(A)(v), means a person who is:

(aa) an individual who is a resident of the United States; or

(bb) a partnership, if two-thirds or more of the partners are residents of the United States; or

(cc) a trust, if all of the trustees are residents of the United States; or

(dd) a corporation organized under the law of the United States or of any state.

(vi) The term “employment” also includes all service performed by an officer or member of the crew of an American vessel on or in connection with the vessel, provided that the operating office, from which the operations of the vessel operating on navigable waters within or within and outside the United States is ordinarily and regularly supervised, managed, directed, and controlled, is within this State.

(vii) The term “employment” also includes all service performed by an individual in agricultural labor as defined in subdivision (6)(C)(i)(I) of this section when:

(I) The service is performed for a person who:

(aa) during any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of $20,000.00 or more to individuals employed in agricultural labor; or

(bb) for some portion of a day in each of 20 different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor 10 or more individuals, regardless of whether they were employed at the same moment of time.

(II) The service is not performed in agricultural labor if performed by an individual who is an alien admitted to the United States to perform service in agricultural labor pursuant to 8 U.S.C. §§ 1101(a)(15)(H) and 1184(c), provided that if 26 U.S.C. § 3306 (Federal Unemployment Tax Act, definitions) is amended to include the service in the definition of employment in agricultural labor then the service shall be employment in agricultural labor under this chapter.

(III) For the purposes of this subdivision (6)(A)(vii), any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of the crew leader:

(aa) if the crew leader holds a valid certificate of registration under the Migrant Seasonal Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq.; or substantially all the members of the crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment, that is provided by such crew leader; and

(bb) if the individual is not an employee of the other person within the meaning of subdivision (6)(A) of this section.

(IV) For the purposes of this subdivision (vii), in the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of the crew leader under subdivision (6)(A)(vii)(III) of this section:

(aa) the other person and not the crew leader shall be treated as the employer of the individual; and

(bb) the other person shall be treated as having paid cash remuneration to the individual in an amount equal to the amount of cash remuneration paid to the individual by the crew leader (either on the crew leader's own behalf or on behalf of the other person) for the service in agricultural labor performed for the other person.

(V) For the purposes of this subdivision (vii), the term “crew leader” means an individual who:

(aa) furnishes individuals to perform service in agricultural labor for any other person;

(bb) pays (either on the crew leader's own behalf or on behalf of the other persons) the individuals furnished by the crew leader for the service in agricultural labor performed by them; and

(cc) has not entered into a written agreement with the other person under which the individual is designated as an employee of the other person.

(viii) The term “employment” also includes domestic service as used in subdivision (6)(C)(ii) of this section in a private home, a local college club, or local chapter of a college fraternity or sorority, performed for a person who paid cash remuneration of $1,000.00 or more in any calendar quarter in the current calendar year or the preceding calendar year to individuals employed in domestic service.

(ix) The term “employment” also includes service for any employing unit performed by an individual in the employ of a religious, charitable, educational, or other organization if the service is excluded from “employment” as defined in the Federal Unemployment Tax Act solely by reason of 26 U.S.C. § 3306(c)(8) of that act.

(x)(I) The term “employment” also includes service for any employing unit that is performed by an individual in the employ of this State or any of its instrumentalities, or in the employ of this State and one or more other states or their instrumentalities, for a hospital or institution of higher education located in this State, provided that the service is excluded from “employment” as defined in the Federal Unemployment Tax Act solely by reason of 26 U.S.C. § 3306(c)(7) and is not excluded from “employment” under subdivision (6)(C)(vii) of this section.

(II) The term “employment” also includes service for any employing unit that is performed by an individual in the employ of this State or any political subdivision of the State or any of its instrumentalities or any instrumentality of one or more of them; and service performed for this State or any political subdivision of this State and one or more other states or political subdivisions of another state or any instrumentality of them that is wholly owned by the states or political subdivisions, provided that the service is excluded from “employment” as defined in the Federal Unemployment Tax Act by 26 U.S.C. § 3306(c)(7) and is not excluded from “employment” under subdivision (6)(C)(vii) of this section.

(B) Services performed by an individual for wages shall be deemed to be employment subject to this chapter unless and until it is shown to the satisfaction of the Commissioner that:

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

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

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

(C) The term “employment” does not include:

(i)(I) Service performed by an individual in agricultural labor except as provided in subdivision (6)(A)(vii) of this section. As used in this subdivision (6)(C), the term “agricultural labor” means any remunerated service performed:

(aa) on a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife;

(bb) in the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of the farm and its tools and equipment or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of the service is performed on a farm;

(cc) in connection with the production or harvesting of any commodity defined as an agricultural commodity pursuant to the Agricultural Marketing Act, 12 U.S.C. § 1141j, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes;

(dd) in the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if the operator produced more than one-half of the commodity with respect to which the service is performed;

(ee) in the employ of a group of operators of farms, or a cooperative organization of which the operators are members, in the performance of service described in subdivision (dd) of this subdivision (C)(i)(I), but only if the operators produced more than one-half of the commodity with respect to which the service is performed; or

(ff) on a farm operated for profit if the service is not in the course of the employer's trade or business.

(II) As used in subdivision (6)(C)(i)(I) of this section, the term “farm” includes stock; dairy; poultry; fruit; fur-bearing animal; truck farms; plantations; ranches; nurseries; ranges; greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities; and orchards.

(III) The provisions of subdivisions (dd) and (ee) of subdivision (6)(C)(i)(I) of this section shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.

(ii) Domestic service in a private home except as provided in subdivision (6)(A)(viii) of this section.

(iii)(I) Service not in the course of the employer's trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for that service is $50.00 or more and the service is performed by an individual who is regularly employed by the employer to perform the service. For purposes of this subdivision (6)(C)(iii), an individual shall be deemed to be regularly employed by an employer during a calendar quarter if:

(aa) on each of 24 days during the quarter the individual performs for the employer for some portion of the day service not in the course of the employer's trade or business; or

(bb) the individual was regularly employed, as defined pursuant to subdivision (aa) of this subdivision (6)(C)(iii), by the employer in the performance of the service during the preceding calendar quarter.

(II) The term “service not in the course of the employer's trade or business” includes service that does not promote or advance the trade or business of the employer. Services performed for a corporation do not come within the exception.

(iv) Service performed by an individual in the employ of the individual's child or spouse, and service performed by a minor in the employ of the minor's parent; or service by one member of a family to another under circumstances that, under the general law, do not give rise to the relation of employer and employee.

(v) Service performed in the employ of the U.S. government or of an instrumentality of the United States, provided that if the U.S. Congress permits states to require that the U.S. government or any instrumentalities of the United States make payments into an unemployment fund under a state unemployment compensation act, then, to the extent permitted by federal law, and from and after the date on which the permission becomes effective, the provisions of this chapter shall be applicable to the U.S. government or its instrumentalities, in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals, and services. If the provisions of this chapter become applicable to the U.S. government and its instrumentalities and, in any year, the State is not certified by the Secretary of Labor under 26 U.S.C. § 3304, then the payments required of the U.S. government or its instrumentalities with respect to that year shall be deemed to have been erroneously collected under section 1337 of this subchapter and shall be refunded by the Commissioner from the Fund in accordance with the provisions of section 1337.

(vi) Service performed in the employ of a governmental entity referred to in subdivision (6)(A)(x) of this section if the service is performed by an individual in the exercise of duties:

(aa) as an elected official;

(bb) as a member of a legislative body, or a member of the judiciary, of a state or political subdivision;

(cc) as a member of the Vermont National Guard or Air National Guard;

(dd) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or

(ee) in a position that, pursuant to the laws of this State, is designated as a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week.

(vii) For the purposes of subdivisions (6)(A)(ix) and (6)(A)(x) of this section, the term “employment” does not include service performed:

(I) in the employ of a church or convention or association of churches, or an organization that is operated primarily for religious purposes and that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

(II) by a duly ordained, commissioned, or licensed minister of a church in the exercise of the individual's ministry or by a member of a religious order in the exercise of duties required by the order;

(III) [Repealed.]

(IV) by an individual performing rehabilitative or remunerative work in a facility operated for the purpose of:

(aa) carrying out a program of rehabilitation for individuals whose earning capacity is limited due to being an elder or having a disability or injury; or

(bb) providing remunerative work for individuals who because of having a disability cannot be readily absorbed in the competitive labor market;

(V) by an individual receiving work relief or work training as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision of a state; or

(VI) by an inmate of a custodial or penal institution.

(viii) Service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of Congress, provided that the Commissioner is authorized and directed to enter into agreements with the proper agencies under such an act of Congress, which agreements shall become effective 10 days after publication in one or more newspapers of general circulation in this State, to provide reciprocal treatment to individuals who have, after acquiring potential rights to unemployment compensation under the act of Congress, acquired rights to benefits under this chapter.

(ix) Service performed with respect to which unemployment compensation is payable under the Railroad Unemployment Insurance Act, 45 U.S.C. chapter 11.

(x) Service as an officer or member of a crew of an American vessel performed on or in connection with the vessel, if the operating office, from which the operations of the vessel operating on navigable waters within or outside the United States are ordinarily and regularly supervised, managed, directed, and controlled, is outside this State.

(xi) Service performed on or in connection with a vessel that is not an American vessel by an individual, if the individual performs services on and in connection with the vessel when outside the United States. As used in this subdivision (xi) and subdivision (6)(C)(x) of this section, “American vessel” means any vessel documented or numbered under the laws of the United States, and includes any vessel that is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew performs services solely for one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state.

(xii) Service performed by an individual in, or as an officer or member of the crew of a vessel while it is engaged in, the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, including service performed by any such individual as an ordinary incident to any such activity, except:

(I) service performed in connection with the catching or taking of salmon or halibut, for commercial purposes; and

(II) service performed on or in connection with a vessel of more than 10 net tons, determined in the manner provided for determining the register tonnage of merchant vessels under the laws of the United States.

(xiii) Service performed in any calendar quarter in the employ of any organization exempt from income tax under Section 501(a) (other than an organization described in Section 401(a)) or under Section 521 of the federal Internal Revenue Code, if the remuneration for the service is less than $50.00.

(xiv) Service performed in the employ of a school, college, or university, if the service is performed by a student who is enrolled and is regularly attending classes at the school, college, or university, or by the spouse of such a student, if the spouse is advised at the time the spouse commences to perform the service that the employment of the spouse to perform the service is provided under a program to provide financial assistance to the student by the school, college, or university, and the employment will not be covered by any program of unemployment insurance.

(xv) Service performed by an individual under 22 years of age who is enrolled at a nonprofit or public educational institution that normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at such institution, that combines academic instruction with work experience, if the service is an integral part of the program and the institution has so certified to the employer. This subdivision (xv) shall not apply to service performed in a program established for or on behalf of an employer or group of employers.

(xvi) Service performed in the employ of a hospital, if the service is performed by a patient of the hospital, as defined in this section.

(xvii) Service performed by an individual for a person as an insurance agent or as an insurance solicitor, if all the service performed by the individual for the person is performed for remuneration solely by way of commission.

(xviii) Service performed by an individual for a person as a salesman, agent, or solicitor if the state law requires the individual to be registered or licensed to engage in the performance of the service and if the individual in the performance of the service is an independent contractor under common law rules and if the individual performs all such service for remuneration solely by way of commission.

(xix) Service performed by an individual engaged in the harvesting of timber or in the transportation of timber from the place where harvested to market, or service performed by an individual engaged as a stone artisan, including sculpting, etching, or carving quarried stone, when:

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

(II) the individual is customarily engaged in an independently established trade, occupation, profession, or business; and

(III) the individual furnishes substantially all of the equipment, tools, and supplies necessary in carrying out the individual's contractual obligations to the individual's clients.

(xx) Service performed by a full-time student as defined in subdivision (III) of this subdivision (6)(C)(xx) in the employ of an organized camp if:

(I) the camp:

(aa) did not operate for more than seven months in the calendar year and did not operate for more than seven months in the preceding calendar year; or

(bb) had average gross receipts for any six months in the preceding calendar year that were not more than 33 1/3 percent of its average gross receipts for the other six months in the preceding calendar year; and

(II) the full-time student performed services in the employ of the camp for less than 13 calendar weeks in the calendar year, provided that if the individual does not enroll in the immediately succeeding academic year or term, then the services of the individual as defined in this subsection shall be deemed to be employment for all purposes under this chapter.

(III) As used in this subdivision (6)(C)(xx), an individual shall be treated as a full-time student for any period:

(aa) during which the individual is enrolled as a full-time student at an educational institution; or

(bb) that is between academic years or terms if the individual was enrolled as a full-time student at an educational institution for the immediately preceding year or term and there is a reasonable assurance that the individual will be so enrolled for the immediately succeeding academic year or term.

(xxi) Service performed by a direct seller if the individual is in compliance with all the following:

(I) The individual is engaged in the trade or business of selling or soliciting the sale of consumer products, including services or other intangibles, in the home or a location other than in a permanent retail establishment, including whether the sale or solicitation of a sale is to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis for resale by the buyer or any other person.

(II) Substantially all the remuneration, whether or not received in cash, for the performance of the services described in subdivision (I) of this subdivision (6)(C)(xxi) is directly related to sales or other output, including the performance of services, rather than to the number of hours worked.

(III) The services performed by the individual are performed pursuant to a written contract between the individual and the person for whom the services are performed, and the contract provides that the individual will not be treated as an employee for federal and state tax purposes.

(D) Notwithstanding any other provisions of this subdivision (6), service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or which as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act is required to be covered under this chapter.

(7) “Employment office” means a free public employment office, or branch thereof, of the Vermont Employment Service Division, or an office maintained by another state as a part of a state-controlled system of free public employment offices, or by a federal agency or any agency of a foreign government charged with the administration of an unemployment compensation program or free public employment office, or such other agencies as the U.S. Secretary of Labor may approve.

(8) “Fund” means the Unemployment Compensation Trust Fund established by this chapter, to which all contributions required and from which all benefits provided under this chapter shall be paid.

(9) “Total” and “partial” unemployment shall be determined as follows:

(A) An individual shall be deemed “totally unemployed” in any week during which the individual performs no services and with respect to which no wages are earned by the individual.

(B) An individual shall be deemed “partially unemployed” in any week of less than full-time work if the wages earned by the individual with respect to the week are less than the weekly benefit amount the individual would be entitled to receive if totally unemployed and eligible.

(C) As used in this subdivision (9), “wages” includes only that part of remuneration in any one week rounded to the next higher dollar that is in excess of the amount specified in section 1338a of this subchapter.

(D) An individual's week of unemployment shall be deemed to commence only after the individual's registration at an employment office, except as the Vermont Employment Security Board may by rule otherwise prescribe.

(10) “State” means the states of the United States of America, the Commonwealth of Puerto Rico, the District of Columbia, and the Virgin Islands.

(11) “Unemployment Compensation Administration Fund” means the Unemployment Compensation Administration Fund established by this chapter, from which administrative expenses under this chapter shall be paid.

(12) “Wages” means all remuneration paid for services rendered by an individual, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. Gratuities customarily received by an individual in the course of the individual's employment from persons other than the individual's employer and reported by the individual to the individual's employer shall be treated as wages paid by the individual's employer. The reasonable cash value of remuneration paid in any medium other than cash shall be estimated and determined in accordance with rules adopted by the Board. The term “wages” does not include:

(A) The amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of the employee's dependents under a plan or system established by an employer that makes provision for the employer's employees generally (or for the employer's employees generally and their dependents) or for a class or classes of the employer's employees (or for a class or classes of the employer's employees and their dependents), on account of:

(i) sickness or accident disability (but, in the case of payments made directly to an employee or any of the employee's dependents, this subdivision (i) shall exclude from the term “wages” only payments that are received under a workers' compensation law);

(ii) medical or hospitalization expenses in connection with sickness or accident disability; or

(iii) death.

(B) Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for the employer.

(C) Any payment made to, or on behalf of, an employee or the employee's beneficiary:

(i) from or to a trust described in 26 U.S.C. § 401(a) that is exempt from tax under 26 U.S.C. § 501(a) at the time of the payment unless the payment is made to an employee of the trust as remuneration for services rendered as the employee and not as a beneficiary of the trust; or

(ii) under or to an annuity plan that, at the time of the payment, is a plan described in 26 U.S.C. § 403(a).

(D) The payment by an employer (without deduction from the remuneration of the employee) of the tax imposed upon an employee under 26 U.S.C. § 3101.

(E) Any amounts received from the federal government by members of the National Guard and reserve components of the U.S. Armed Forces as drill pay, including longevity pay and allowances.

(F) If the definition of “wages” in 26 U.S.C. § 3306, Federal Unemployment Tax Act, is amended to no longer exclude any or all of the payments or amounts enumerated in subdivisions (A) through (E) of this subdivision (12), then payments or amounts no longer excluded from the federal definition shall be included in the definition of “wages” under this this subdivision (12), effective on the effective date of the amendment to the Federal Unemployment Tax Act.

(G) Any foster care payments excluded from the definition of gross income under 26 U.S.C. § 131.

(13) “Week” means a period or periods of seven consecutive days, as the Board may by rule prescribe.

(14) “Calendar quarter” means a period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, or the equivalent of such a period as the Board may by rule prescribe.

(15) An individual's “weekly benefit amount” with respect to any week means the amount of benefits the individual would be entitled to receive for the week if totally unemployed and eligible for benefits for the week.

(16)(A) “Benefit year,” with respect to any individual, means the one- year period beginning with the first day of the week with respect to which the individual first files a valid claim for benefits in accordance with section 1346 of this subchapter, and thereafter the one-year period beginning with the first day of the first week with respect to which the individual next files such a claim for benefits after the termination of the individual's last preceding benefit year.

(B) [Repealed.]

(17) “Base period” means:

(A) The period made up of the first four of the most recently completed five calendar quarters immediately preceding the first day of a claimant's benefit year.

(B) For any individual who fails to meet the eligibility requirements of section 1338 of this subchapter in the base period set forth pursuant to subdivision (A) of this subdivision (17), the Commissioner shall make a redetermination of entitlement based upon a base period that consists of the last four completed calendar quarters immediately preceding the first day of the claimant's benefit year.

(C) For any individual who fails to qualify for benefits under subdivisions (A) and (B) of this subdivision (17), the Commissioner shall make a redetermination of entitlement based upon a base period that consists of the last three completed calendar quarters and all wages paid prior to the effective date of the claimant's initial claim in the calendar quarter in which the initial claim was filed.

(D) All wages that fall within the “base period” of valid claims under this section shall not be available for reuse in qualifying for any subsequent benefit years under section 1338 or 1318 of this subchapter.

(18)(A) “Institution of higher education” means an educational institution that:

(i) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;

(ii) is legally authorized in this State to provide a program of education beyond high school;

(iii) provides an educational program for which it awards a bachelor's or higher degree, or provides a program that is acceptable for full credit toward such a degree, a program of post-graduate or post-doctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and

(iv) is a public or other nonprofit institution.

(B) Notwithstanding any provision of this subdivision (18) to the contrary, all colleges and universities in this State are institutions of higher education for purposes of this chapter.

(19) “Hospital” means an institution that has been licensed, certified, or approved by the Department of Health as a hospital, or an institution that is operated by the State of Vermont or any of its instrumentalities as a hospital.

(20) “Rate year” means the period beginning on July 1 of a year and ending on June 30 of the following year.

(21) “Bona fide employer” means the federal government, state governments and political subdivisions of state governments, railroads, tax exempt nonprofit organizations, established agricultural employers, employers liable under the unemployment compensation laws of this State, and an employer who has been assigned an employer identification number by the U.S. Internal Revenue Service.

(22) “Rounding” means, notwithstanding any other provisions of this chapter to the contrary, any amount of unemployment compensation payable to any individual for any week, if not an even dollar amount, shall be rounded to the next lower full dollar amount.

(23) “Valid claim” means a claim for benefits filed by an individual who, at the time of filing the claim, has had sufficient wages in employment with an employer or employers to qualify for benefits pursuant to section 1338 of this title. The filing of a valid claim is a prerequisite to the making of a determination of an individual's eligibility for benefits under section 1343 of this title and a determination of an individual's disqualification for benefits under section 1344 of this title.

(24) “Self-employment”:

(A) Except as provided in subdivision (B) of this subdivision (24), an individual shall be deemed “self-employed” or “engaged in self-employment” in any week during which the individual is engaged, not in the employ of another, in the formation, development, or operation of a trade, business, enterprise, profession, or any other activity that the individual has undertaken for the purpose of producing income and that is in the form of a sole proprietorship, partnership, joint venture, or other similar entity.

(B) An individual who is able to work and available for full-time work shall not be deemed to be self-employed or engaged in self-employment solely by reason of continued participation without substantial change during a period of unemployment in any activity undertaken while customarily employed by an employer in full-time work (whether or not such work constituted employment) and continued subsequent to separation from such work when the activity is not engaged in as a primary source of livelihood. Earnings from such a sideline activity shall not constitute wages or disqualifying income for unemployment purposes.

(25) “Child” includes an individual's biological child, foster child, adoptive child, stepchild, a child for whom the individual is listed as a parent on the child's birth certificate, a legal ward of the individual, a child of the individual's spouse, or a child that the individual has day-to-day responsibilities to care for and financially support.

(26) “Spouse” includes an individual's domestic partner or civil union partner. As used in this subdivision, “domestic partner” means another individual with whom an individual has an enduring domestic relationship of a spousal nature, provided that the individual and the individual's domestic partner:

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

(B) are at least 18 years of age;

(C) are not married to, in a civil union with, or considered the domestic partner of another individual;

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

(E) have agreed between themselves to be responsible for each other's welfare.
21 V.S.A. § 518 — VT Code / Title 21 / Chapter 5 / Section 518
§ 518. Designated laboratory; rule making authority of the Commissioner
Status: in_force

(a) The Department of Health shall designate laboratories to test body fluids or materials for drugs. Such laboratories must be able to document competency in regard to personnel, quality assurance programs, methodology and equipment, on site confirmation of positive screening tests, security, confidentiality, and expert testimony.

(b) A laboratory that fails to comply with the provisions of this subchapter relating to the confirmation and reporting of test information and the release of confidential information shall lose its designation under this subsection.

(c) The Commissioner of Health shall adopt rules pursuant to 3 V.S.A. chapter 25 establishing nontherapeutic levels of therapeutic drugs by establishing a range of values considering average medical use for each particular drug or metabolite authorized to be tested under this subchapter.
21 V.S.A. § 1111 — VT Code / Title 21 / Chapter 13 / Section 1111
§ 1111. Definitions
Status: in_force

As used in this chapter:

(1) “Accessibility” means the design, construction, development, and maintenance of facilities, information and communication technology, programs, and services so that all people, including people with disabilities, can fully and independently use them. “Accessibility” includes the provision of accommodations and modifications to ensure equal access to employment and participation in activities for people with disabilities, the reduction or elimination of physical and attitudinal barriers to equitable opportunities, a commitment to ensuring that people with disabilities can independently access every outward-facing and internal activity or electronic space, and the pursuit of best practices such as universal design.

(2) “Advanced standing” means a process for reviewing and granting credit for prior related work experience or related technical instruction for an incoming apprentice or career seeker that allows the individual to accelerate the completion of the registered apprenticeship program.

(3) “Apprentice” means an individual who is:

(A) 16 years of age or older, except when a higher minimum age standard is otherwise fixed by law;

(B) employed to learn an apprenticeable occupation under the standards of apprenticeship established under section 1117, standards of apprenticeship, of this title; and

(C) registered with the Department.

(4) “Apprenticeable occupation” means an occupation approved by the federal Office of Apprenticeship or by the Department as an occupation that:

(A) is specified, identified, and commonly recognized throughout an industry;

(B) involves skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning;

(C) involves the progressive attainment of manual, mechanical, or technical skills and knowledge that, in accordance with the industry standard for the occupation, would require the completion of a minimum of 2,000 hours or one-year of on-the-job learning to attain; and

(D) requires related technical instruction to supplement the on-the-job learning.

(5) “Apprenticeship agreement” means a written agreement, on forms approved by the Department under section 1119, registered apprentices, of this title, between an apprentice and either the apprentice's program sponsor or an apprenticeship committee acting as agent for the program sponsor, that contains the terms and conditions of the employment and training of the apprentice.

(6) “Apprenticeship program” or “local apprenticeship training program” means a program registered with the Department or the federal Office of Apprenticeship that includes a written plan containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, as minimally required under 29 C.F.R. Parts 29 and 30.

(7) “Certificate of completion” means a document issued by the Department that certifies that the named apprentice has met all the requirements set forth in an apprenticeship program.

(8) “Certificate of registration” means a document issued by the Department that certifies that the named sponsor's apprenticeship program meets the requirements for registration under section 1115, program registration, of this title and identifies the registration status as either provisional or permanent.

(9) “Competency” means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written or hands-on proficiency measurement.

(10) “Commissioner” means the Commissioner of the Vermont Department of Labor.

(11) “Department” means the Vermont Department of Labor.

(12) “Director” or “State Director” means the director of the Vermont Registered Apprenticeship Program.

(13) “Diversity” means the practice of including the many communities, identities, races, ethnicities, backgrounds, abilities, cultures, and beliefs of Vermonters, including underserved communities.

(14) “Equity” means the consistent and systemic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment.

(15) “Fringe benefits” means benefits, including health insurance, retirement benefits, paid vacations and holidays, sick leave, and similar benefits that are incidents of employment.

(16) “Inclusion” means the recognition, appreciation, and use of the talents and skills of employees of all backgrounds.

(17) “Interim credential” means a credential issued by the Department, upon request of a sponsor, that certifies specific competency attainment by an apprentice.

(18) “Journey-worker” means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. The term may also refer to a mentor, technician, specialist, or other skilled worker who has documented proficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training, or to describe any person who has achieved recognition in the person's profession as a “master.”

(19) “Mentor” or “supervisor” means a journey-worker who assists in a registered apprenticeship program and who works with or oversees the work of an apprentice, assigns tasks, reviews performance, and is generally someone who facilitates personal and professional growth in the apprentice by sharing the knowledge learned through years of experience on the job.

(20) “National Guideline Standards” means a template of high-quality apprenticeship program standards submitted by a labor union, trade or industry association, employer, workforce intermediary, education provider, or other organizations with national scope, which standards may be certified by the federal Office of Apprenticeship.

(21) “National Program Standards of Apprenticeship” or “National Program Standards” (NPS) are programs that are registered by the federal Office of Apprenticeship on a national basis and that consist of occupational standards that any Vermont employer may sign on to or under which any individual may be apprenticed.

(22) “Nontraditional apprenticeship population” means a group of individuals, such as individuals from the same gender, race, or ethnicity, the members of which comprise fewer than 25 percent of the program participants in an apprenticeable occupation.

(23) “Nontraditional apprenticeship industry or occupation” refers to an industry sector or occupation that represents fewer than 10 percent of apprenticeable occupations or the programs under the national apprenticeship system.

(24) “Office of Apprenticeship” means the part of the U. S. Department of Labor responsible for the National Apprenticeship System and the implementing regulations.

(25) “Pre-apprentice” means a participant in a registered pre-apprenticeship program.

(26) “Pre-apprenticeship program” means a training model or program that prepares individuals for acceptance into an apprenticeship program and that is registered by the Department as provided in section 1123 of this chapter, pre-apprenticeship program, or, as applicable, the federal Office of Apprenticeship.

(27) “Provisional registration” or “provisional approval” means a temporary approval status granted to newly registered programs that lasts one year and is followed by an evaluation to determine whether it will:

(A) qualify for permanent recognition;

(B) maintain provisional status until more information is available to make a complete program assessment; or

(C) commence the process for deregistration.

(28) “Quality assurance assessment” means a comprehensive review conducted by the Department regarding all aspects of an apprenticeship program's performance, including determining whether:

(A) apprentices are receiving on-the-job training consistent with the schedule outlined in the registered standards for the apprenticeship program;

(B) scheduled wage increases are consistent with the registered standards for the apprenticeship program;

(C) related technical instruction through the appropriate curriculum and delivery systems is compliant with any relevant federal and State standards; and

(D) the Department is receiving notification of all new apprentices in a registered apprenticeship program, apprentices who leave a registered apprenticeship program, and apprentices who complete the registered apprenticeship program within 45 business days of those changes.

(29) “Registration agency” means the Vermont Department of Labor acting as the designated State Apprenticeship Agency, which may also be referred to as the “Vermont Registered Apprenticeship Program.”

(30) “Related technical instruction” or “related instruction” means an organized and systematic form of instruction, concurrent with on-the-job training, designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation. Such instruction may be accomplished through classroom, occupational, or industrial courses, or by correspondence courses of equivalent value, electronic media, or other forms of self-study approved by the Department.

(31) “Sponsor” means an employer, a joint labor-management organization, a trade association, a professional association, a labor organization, an education and training provider, or a qualified intermediary that is applying to register, administer, and operate an apprenticeship program.

(32) “State Apprenticeship Agency” means the Vermont Department of Labor as the federally designated apprenticeship agency and may also refer to the “Vermont Registered Apprenticeship Program.”

(33) “Underserved communities” means the populations sharing a particular characteristic, as well as geographic communities, who have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life. This term includes individuals who belong to communities of color, such as Black and African American, Hispanic and Latino, Native American, Alaskan Native and Indigenous, Asian American, Native Hawaiian and Pacific Islander, Middle Eastern, and North African persons. It also includes individuals who belong to communities that face discrimination based on sex, sexual orientation, and gender identity, including lesbian, gay, bisexual, transgender, queer, gender non-conforming, and non-binary (LGBTQ+ persons); persons who face discrimination based on pregnancy or pregnancy-related conditions; parents; and caregivers. It also includes individuals who belong to communities that face discrimination based on their religion and disability; first-generation professionals or first-generation college students; individuals with limited English proficiency; immigrants; individuals who belong to communities that may face employment barriers based on older age or former incarceration; persons who live in rural areas; veterans and military spouses; and persons otherwise adversely affected by persistent poverty, discrimination, or inequality. Individuals may belong to more than one underserved community and face intersecting barriers.

(34) “Vermont Apprenticeship Advisory Board” or “Board” means the entity created in section 1114, Vermont Apprenticeship Advisory Board, of this title and described as a “State Apprenticeship Council” in 29 C.F.R. Part 29 that supports Vermont's registered apprenticeship system.

(35) “Youth apprentice” means a participant, 16 or 17 years of age, in a youth apprenticeship program.

(36) “Youth apprenticeship program” means a program registered by the Department as provided in section 1124, youth apprenticeship programs, of this title or, as applicable, by the federal Office of Apprenticeship.
21 V.S.A. § 1338 — VT Code / Title 21 / Chapter 17 / Section 1338
§ 1338. Weekly benefits
Status: repealed

(a) Each eligible individual who is totally unemployed in any week shall be paid with respect to a the week a weekly benefit amount determined as provided in this section.

(b), (c) [Repealed.]

(d)(1) To qualify for benefits an individual must:

(A) have been paid in one quarter of the individual's base period wages in employment with an employer or employers subject to this chapter that equal at least $1,000.00;

(B) have been paid in the individual's base period additional wages in employment with an employer or employers subject to this chapter that equal or exceed 40 percent of the total wages paid in the highest quarter of the individual's base period; and

(C) have earned subsequent to the beginning of the individual's most recent benefit year wages in employment with an employer or employers subject to this chapter that equal or exceed four times the individual's weekly benefit amount as determined under subsection (e) of this section for that prior benefit year.

(2) The base period wages shall not include any wages paid by an employing unit based on a separation for gross misconduct under subdivision 1344(a)(2)(B) of this title.

[Subsection (e) effective until occurrence of contingency; see also contingent amendments to subsection (e) by 2021, No. 183 §§ 52d–52e and 52g set out below.]

(e) An individual's weekly benefit amount shall be determined by dividing the individual's two high quarter total subject wages required under subdivision (d)(1) of this section by 45, provided that the weekly benefit amount so determined shall not exceed the maximum weekly benefit amount computed pursuant to subsection (f) of this section.

[Contingent amendment to subsection (e) by 2021, No. 183 (Adj. Sess.), §§ 52d and 52e; see also subsection (e) effective until occurrence of contingencies set out above and contingent amendment to subsection (e) by 2021, No. 183 (Adj. Sess.), § 52g set out below.]

(e) An individual's weekly benefit amount shall be determined by dividing the individual's two high quarter total subject wages required under subdivision (d)(1) of this section by 45 and adding $25.00 to the resulting quotient, provided that the weekly benefit amount so determined shall not exceed the maximum weekly benefit amount computed pursuant to subsection (f) of this section.

[Contingent amendment to subsection (e) by 2021, No. 183 (Adj. Sess.), § 52g; see also subsection (e) effective until occurrence of contingencies and contingent amendments to subsection (e) by 2021, No. 183 (Adj. Sess.), §§ 52d and 52e set out above.]

(e) An individual's weekly benefit amount shall be determined by dividing the individual's two high quarter total subject wages required under subdivision (d)(1) of this section by 45, provided that the weekly benefit amount so determined shall not exceed the maximum weekly benefit amount computed pursuant to subsection (f) of this section.

(f) [Subdivision (f)(1) effective until occurrence of contingency; see also contingent amendments to subdivision (f)(1) by 2021, No. 183, §§52c–52e and 52g set out below.]

(1) The maximum weekly benefit amount shall be annually adjusted on the first day of the first calendar week in July to an amount equal to the sum of $60.00 plus 57 percent of the State annual average weekly wage as determined by subsection (g) of this section.

[Contingent amendment to subdivision (f)(1) by 2021, No. 183 (Adj. Sess.), §§ 52c and 52g; see also subdivision (f)(1) effective until occurrence of contingencies set out above and contingent amendment to subdivision (f)(1) by 2021, No. 183 (Adj. Sess.), §§ 52d and 52e set out below.]

(1) The maximum weekly benefit amount shall be annually adjusted on the first day of the first calendar week in July to an amount equal to 57 percent of the State annual average weekly wage as determined by subsection (g) of this section.

[Contingent amendment to subdivision (f)(1) by 2021, No. 183 (Adj. Sess.), §§ 52d and 52e; see also subdivision (f)(1) effective until occurrence of contingencies and contingent amendment to subdivision (f)(1) by 2021, No. 183 (Adj. Sess.), §§ 52c and 52g set out above.]

(1) The maximum weekly benefit amount shall be annually adjusted on the first day of the first calendar week in July to an amount equal to the sum of $25.00 plus 57 percent of the State annual average weekly wage as determined by subsection (g) of this section.

(2) Notwithstanding any provision of subdivision (1) of this subsection to the contrary:

(A) The maximum weekly benefit amount shall not increase in any year that advances made to the State Unemployment Compensation Fund pursuant to Title XII of the Social Security Act, as amended, remain unpaid.

(B) The maximum weekly benefit amount shall not decrease.

(g) On or before the first day of June of each year, the total wages reported on contribution reports for the preceding calendar year shall be divided by the average monthly number of covered workers (determined by dividing the total covered employment reported on contribution reports pursuant to this chapter for the preceding year by 12). The State average annual wage thus obtained shall be divided by 52 and the State average weekly wage thus determined shall be rounded down to the nearest dollar.

(h) Effective with the first full calendar week of each July, the minimum quarterly wage requirement of subdivision (d)(1) of this section shall be adjusted by a percentage increase equal to the percentage increase, if any, in the State minimum wage effective during the prior calendar year. This adjusted minimum quarterly wage requirement shall be applicable to new claims for benefits with effective dates during or after the first full calendar week of each July.

(i)(1) An individual filing a new claim for unemployment compensation shall, at the time of filing of the claim, be advised that:

(A) unemployment compensation is subject to federal and State income tax;

(B) requirements exist pertaining to estimated tax payments;

(C) the individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation in the amount specified in the federal Internal Revenue Code;

(D) the individual who elects to have federal income tax deducted and withheld shall have State income tax withheld at 24 percent of the federal rate; and

(E) the individual shall be permitted to change a previously elected withholding once during each benefit year.

(2) Amounts deducted and withheld from unemployment compensation shall remain in the Unemployment Compensation Trust Fund until transferred to the federal and State taxing authority as a payment of income tax.

(3) The Commissioner shall follow all procedures specified by the U.S. Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax.

(4) Amounts shall be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, or other amounts required to be deducted and withheld under this chapter.