21 V.S.A. § 508 — VT Code / Title 21 / Chapter 5 / Section 508
§ 508. Enforcement
Status: in_force

(a) An employee aggrieved by a violation of this subchapter may:

(1) utilize any available internal process, grievance procedure, or similar process available to the employee to maintain or restore any loss of employment rights with the employer; or

(2) bring an action in the Superior Court of the county in which the violation is alleged to have occurred.

(b) The initiation or completion of an internal process, grievance procedure, or similar process under subdivision (a)(1) of this section shall not be a condition precedent to bringing an action in Superior Court under subdivision (a)(2) of this section.

(c) Not later than July 1, 2005, all hospitals as defined in 18 V.S.A. § 1902(1) shall revise their internal processes referred to in subdivision (a)(1) to include and be consistent with ANCC Magnet Recognition Program standards that support the improvement of quality patient care and professional nursing practice.

(d) If the court finds that the employer has violated subsection 507(b) of this title, the court shall order, as appropriate:

(1) reinstatement of the employee, including employment benefits, seniority, and same or equivalent position, shift schedule, or hours worked as the employee had before the retaliatory action;

(2) payment of back pay, lost wages, benefits, and other remuneration;

(3) any appropriate injunctive relief;

(4) compensatory damages;

(5) punitive damages;

(6) attorney's fees; or

(7) any other appropriate relief.
21 V.S.A. § 623 — VT Code / Title 21 / Chapter 9 / Section 623
§ 623. Contracts to work outside State
Status: in_force

Employers who hire workers within this State to work outside the State may agree with such workers that the remedies under the provisions of this chapter shall be exclusive as regards injuries received outside this State by accident arising out of and in the course of such employment. All contracts of hiring in this State shall be presumed to include such an agreement.
21 V.S.A. § 1304 — VT Code / Title 21 / Chapter 17 / Section 1304
§ 1304. Quorum
Status: in_force

Any two members of the Board shall constitute a quorum to transact business. No vacancy shall impair the right of the remaining members to exercise all of the powers of the Board, as long as a majority remain.
21 V.S.A. § 1738 — VT Code / Title 21 / Chapter 22 / Section 1738
§ 1738. Access to new employees in bargaining unit
Status: in_force

(a) An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.

(b)(1) The meeting shall occur during the new employee's orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.

(2) If the meeting is not held during the new employee's orientation, it shall be held during the new employee's regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization.

(3) The employee organization shall be permitted to meet with the employee for not less than 60 minutes.

(4) The employee shall be paid for attending the meeting at his or her regular rate of pay.

(c)(1) Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.

(2) The employee's home address, personal e-mail address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.

(d) The employer shall provide the employee organization with not less than 10 calendar days' notice of an orientation for newly hired employees in a bargaining unit.
21 V.S.A. § 1038 — VT Code / Title 21 / Chapter 12 / Section 1038
§ 1038. Department of Labor
Status: in_force

(a) The Department of Labor shall charge unemployment compensation benefits against the experience rating record of the client company in accordance with the provisions of section 1325 of this title. Quarterly unemployment reports shall be filed and unemployment contributions shall be paid based on the client company's experience rating and under the client company's State employer account number. The Commissioner may require an employee leasing company to make weekly contribution payments. The Department shall notify both the client company and the employee leasing company of:

(1) Benefits charged against the experience rating of the client company.

(2) The contribution rate of the client company based on its status and experience as an employer.

(b) An employee leasing company shall register with the Department of Labor on a form required by the Commissioner of Labor and shall file the following with the Commissioner:

(1) a copy of each employee leasing agreement within 10 days after the agreement is executed and notice within 10 days after an agreement is terminated;

(2) payroll records for each client company; and

(3) on or before December 31 of each year, a list of each client company, including the client company's name, address, State employer account number, and federal employer identification number.
21 V.S.A. § 1454 — VT Code / Title 21 / Chapter 17 / Section 1454
§ 1454. Effective date; duration
Status: in_force

A plan shall be effective on the date specified in the plan or on a date mutually agreed upon by the employer and the Commissioner. It shall expire at the end of the sixth full calendar month after its effective date or on the date specified in the plan if such date is earlier; provided, that the plan is not previously revoked by the Commissioner; or on the effective date of any transfer of ownership of the legal business entity. If a plan is revoked or terminated by the Commissioner, it shall terminate on the date specified in the Commissioner's written order of revocation. No employer shall be eligible for a short-time compensation plan that results in an employee receiving benefits in excess of 26 times the amount of regular unemployment benefits payable to such individual for a week of total unemployment.
21 V.S.A. § 509 — VT Code / Title 21 / Chapter 5 / Section 509
§ 509. Notice
Status: in_force

(a) Not later than December 1, 2004, the Commissioner of Labor shall develop and distribute to each employer a standard notice as provided in this section. Each notice shall be in clear and understandable language and shall include:

(1) a summary of this subchapter;

(2) that an employee, in order to receive the protections of this subchapter, must report, pursuant to subsection 507(c) of this title, to the employer, to the supervisor, or to the person designated to receive notifications; and

(3) a space for the name, title, and contact information of the person to whom the employee must make a report under subsection 507(c) of this title.

(b) Not later than January 1, 2005, each employer shall post the notice in the employer's place of business to inform the employees of their protections and obligations under this subchapter. The employer shall post the notice in a prominent and accessible location in the workplace. The employer shall indicate on the notice the name or title of the individual the employer has designated to receive notifications pursuant to subsection 507(c) of this subchapter.

(c) An employer who violates this section by not posting the notice as required is liable for a civil fine of $100.00 for each day of willful violation.
21 V.S.A. § 561 — VT Code / Title 21 / Chapter 5 / Section 561
§ 561. Health coverage status discrimination prohibited
Status: in_force

(a) For the purposes of this section:

(1) “Employee” shall have the same meaning as in 32 V.S.A. § 10502.

(2) “Employer” shall have the same meaning as in 32 V.S.A. § 10502.

(b)(1) No employer or employment agency or agent of either shall inquire about the health coverage status of a job applicant or in any way discriminate among applicants or employees on the basis of health coverage status.

(2) Nothing in this section shall prevent:

(A) an employer, employment agency, or agent from informing an applicant about the employer's health coverage benefits; or

(B) an employer from inquiring about the health coverage status of an employee to enable the employer to determine the number of uncovered employees pursuant to 32 V.S.A. chapter 245, provided that the inquiry conforms to the employer obligations in that chapter.

(c) Any person aggrieved by a violation of the provisions of this subchapter may bring an action in Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief.
21 V.S.A. § 652 — VT Code / Title 21 / Chapter 9 / Section 652
§ 652. Periodical payments; lump sum payments
Status: in_force

(a) Upon application of either party, the Commissioner may authorize compensation to be paid monthly or quarterly instead of weekly, having regard to the welfare of the employee and the convenience of the employer.

(b) Upon application of the employee, if the Commissioner finds it to be in the best interests of the employee or the employee's dependents, the Commissioner may order the payment of permanent disability benefits pursuant to section 644 or 648 of this chapter to be paid in a lump sum.

(c) Unless otherwise requested by the claimant, an order for a lump sum payment of permanent partial or permanent total disability benefits or a lump sum settlement of a disputed claim shall include a provision accounting for excludable expenses and prorating the remainder of the lump sum payment in the manner set forth by the Social Security Administration in order to protect the claimant's entitlement to Social Security benefits.
21 V.S.A. § 207 — VT Code / Title 21 / Chapter 3 / Section 207
§ 207. Trade secrets
Status: in_force

All information reported to or otherwise obtained by the Commissioner or the Director, or their agents, in connection with any inspection or proceeding under this chapter or the VOSHA Code, that contains or might reveal a trade secret referred to in 18 U.S.C. § 1905 shall be considered confidential, except that such information may be disclosed to other officers or employees concerned in carrying out the provisions of this chapter or the VOSHA Code. In any proceeding, the Commissioner, Director, Board, or court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.
21 V.S.A. § 152 — VT Code / Title 21 / Chapter 3 / Section 152
§ 152. New installations; annual inspections and registrations
Status: repealed

(a) A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector other than the installer, and a certificate of operation has been issued.

(b) Every conveyance subject to this subchapter shall be inspected annually by an elevator inspector who may charge a fee for the service as established by the Board by rule. Rules adopted by the Board under this subsection shall take into account the degree of difficulty required by the inspection, the frequency of use of the conveyance, and the mode of operation of the conveyance, such as cable, traction, hydraulic, light use, or platform lift. The inspector shall notify the Department if a conveyance is found to be in violation of this subchapter or any rule adopted under this subchapter.

(c) An elevator inspector shall issue a certificate of operation after the inspector has inspected a new or existing conveyance, and has determined that the conveyance is in compliance with this subchapter. A certificate of operation shall be renewed annually. An owner of a conveyance shall ensure that the required inspections and tests are performed at intervals that comply with rules adopted by the Board. Certificates of operation shall be clearly displayed on or in each conveyance.

(d) The Department may issue a conditional certificate of operation for a conveyance that is not in complete compliance, provided the conveyance has been inspected and determined to be safe for temporary operation. This conditional certificate of operation shall permit a conveyance to operate for no more than 180 days or until the conveyance is in compliance, whichever occurs first.

(e) The inspector shall submit $25.00 of the fee charged for each inspection to the Department for each certificate of operation issued under this subchapter.

(f) As established by the Board by rule, an inspector may charge a fee not to exceed $250.00 for each inspection, and this fee shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 6.

(g) [Repealed.]
21 V.S.A. § 1309 — VT Code / Title 21 / Chapter 17 / Section 1309
§ 1309. Reports; solvency of Trust Fund
Status: in_force

(a)(1) On or before January 31 of each year, the Commissioner shall submit to the Governor and the Chairs of the Senate Committees on Economic Development, Housing and General Affairs and on Finance and the House Committees on Commerce and Economic Development and on Ways and Means a report covering the administration and operation of this chapter during the preceding calendar year.

(2) The report shall include:

(A) a balance sheet of the monies in the Fund and data as to probable reserve requirements based upon accepted actuarial principles, with respect to business activity, and other relevant factors for the longest available period;

(B) recommendations for amendments of this chapter as the Board considers proper; and

(C) an accounting of the amount of supplemental benefits paid to claimants pursuant to subdivision 1338(e)(2) of this chapter.

(b) Whenever the Commissioner believes that the solvency of the Fund is in danger or the balance of the Fund drops below $180,000,000.00, the Commissioner shall promptly inform the Governor and the Chairs of the Senate Committees on Economic Development, Housing and General Affairs and on Finance and the House Committees on Commerce and Economic Development and on Ways and Means and make recommendations for preserving an adequate level in the Trust Fund. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section.
21 V.S.A. § 643b — VT Code / Title 21 / Chapter 9 / Section 643b
§ 643b. Reinstatement; seniority and benefits protected
Status: in_force

(a) As used in this section:

(1) “Employer” has the same meaning as in section 601 of this chapter provided that this section shall only apply to employers who regularly employ at least 10 employees of whom at least 10 work more than 15 hours per week.

(2) “Recovery” means that the worker can reasonably be expected to perform safely the duties of the worker's prior position or an alternative suitable position.

(b) The employer of a worker disabled by an injury compensable under this chapter shall reinstate the worker when the worker's inability to work ceases provided recovery occurs within two years of the onset of the disability. A worker who recovers within two years of the onset of the disability shall be reinstated in the first available position suitable for the worker given the position the worker held at the time of the injury.

(c) Upon reinstatement, a worker shall regain seniority and any unused annual leave, personal leave, sick leave, and compensatory time the worker was entitled to prior to the interruption in employment, less any leave and compensatory time used during the period of interruption.

(d) The provisions of this section shall not apply if:

(1) the worker had been given notice, or had given notice, prior to sustaining the injury that employment would terminate;

(2) employment would have terminated of its own terms prior to any reinstatement the worker would otherwise be entitled to under this section;

(3) the worker fails to keep the employer informed of:

(A) the worker's continuing interest in reinstatement;

(B) the worker's recovery; or

(C) any change of the worker's mailing address.

(e)(1)(A) A worker aggrieved by an employer's failure to comply with the provisions of this section may bring an action in the Superior Court in the county in which the worker or the employer resides for damages, including punitive damages, for noncompliance and may apply for such equitable relief as may be just and proper under the circumstances.

(B) The court shall award reasonable attorney's fees to the plaintiff if the plaintiff prevails.

(2) A copy of the complaint shall be filed with the Commissioner.
21 V.S.A. § 1726 — VT Code / Title 21 / Chapter 22 / Section 1726
§ 1726. Unfair labor practices
Status: in_force

(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 by this chapter or by any other law, rule, or regulation.

(2) To dominate or interfere with the formation or administration of any employee 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 hiring or tenure of employment or by any term or condition of employment to encourage or discourage membership in any employee organization.

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

(5) To refuse to bargain collectively in good faith with the exclusive bargaining agent.

(6) To refuse to appropriate sufficient funds to implement a written collective bargaining agreement.

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

(8) A municipal employer and the exclusive bargaining agent may agree to require the agency service fee to be paid as a condition of employment, or require as a condition of employment membership in such employee organization on or after the 30th day following the beginning of such employment or the effective date of such agreement, whichever is the later. Nothing in this section shall require an employer to discharge an employee in the absence of such an agreement. A municipal employer shall not discharge or discriminate against any employee for nonpayment of the agency service fee or for nonmembership in an employee 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.

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

(1) To restrain or coerce employees in the exercise of the right guaranteed to them by law, rule, or regulation. However, this subdivision shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein, provided such rules are not discriminatory.

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

(3) To cause or attempt to cause an employer to discriminate against an employee in violation of this title or to fail or refuse to represent all employees in the bargaining unit without regard to membership in such organization.

(4) To refuse to bargain collectively in good faith with a municipal employer.

(5) To engage in, or to induce or encourage any person to engage in a strike or a refusal in the course of employment to use, 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 with the aim of forcing or requiring any employee to join any employee organization or forcing or requiring any person to cease doing business with any other person, in the course of regular municipal business.

(6) To require employees covered by the agency service fee requirement or other union security agreement authorized under subsection (a) of this section to pay an initiation fee that the Board finds excessive or discriminatory under all the circumstances, including the practices and customs of employee organizations representing municipal employees and the wages paid to the employees affected.

(7) To cause or attempt to cause a municipal 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 municipal employer.

(8) To picket or cause to be picketed, or threaten to picket or cause to be picketed, the municipal employer where an object thereof is forcing or requiring the municipal employer to recognize or bargain with an employee organization as the employees' representative, or forcing or requiring the employees of an employer to accept or select the employee organization as their collective bargaining representative.

(9) To discriminate against a person seeking or holding membership therein on account of race, color, religion, creed, sex, sexual orientation, national origin, disability, age, or political affiliation.

(10) To penalize a person for exercising a right guaranteed by the constitution or laws of the United States or the State of Vermont.

(11) To cause or attempt to cause the discharge from employment of employees who, because of religious beliefs, refuse membership therein.

(12) To charge the agency service fee unless the employee organization has established and maintained a procedure to provide nonmembers with all the following:

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

(B) An opportunity to object to the amount of the fee requested and to place in escrow any amount reasonably in dispute.

(C) Prompt arbitration by an arbitrator selected jointly by the objecting fee payer and the employee organization or pursuant to the rules of the American Arbitration Association to resolve any objection over the amount of the agency service fee. The costs of arbitration shall be paid by the employee organization.
21 V.S.A. § 1459 — VT Code / Title 21 / Chapter 17 / Section 1459
§ 1459. Charging benefits
Status: in_force

STC benefits paid to an employee shall be charged to the employers in the base period. Reimbursable employers participating in the STC Program shall be assessed for the STC benefits paid their employees.
21 V.S.A. § 691 — VT Code / Title 21 / Chapter 9 / Section 691
§ 691. Posting of notice of compliance
Status: in_force

An employer who has complied with the provisions of this chapter relating to securing the payment of compensation to the employer's employees and their dependents shall post and maintain, in a conspicuous place in and about each of the employer's places of business, printed notices in a form prescribed by the Commissioner stating that fact.
21 V.S.A. § 495p — VT Code / Title 21 / Chapter 5 / Section 495p
§ 495p. Disclosure of compensation to prospective employees
Status: in_force

(a)(1) An employer shall ensure that any advertisement of a Vermont job opening shall include the compensation or range of compensation for the job opening.

(2) Notwithstanding subdivision (1) of this subsection:

(A) An advertisement for a job opening that is paid on a commission basis, whether in whole or in part, shall disclose that fact and is not required to disclose the compensation or range of compensation pursuant to subdivision (1) of this subsection (a).

(B) An advertisement for a job opening that is paid on a tipped basis shall disclose that fact and the base wage or range of base wages for the job opening.

(b)(1) The provisions of this section and any claim of retaliation under subdivision 495(a)(8) of this subchapter for asserting or exercising any rights provided pursuant to this section shall only be enforced pursuant to the provisions of 21 V.S.A. § 495b(a)(1).

(2) It shall be a violation of this section and subdivision 495(a)(8) of this subchapter for an employer to refuse to interview, hire, promote, or employ a current or prospective employee for asserting or exercising any rights provided pursuant to this section.

(c) As used in this section:

(1) “Advertisement” means written notice, in any format, of a specific job opening that is made available to potential applicants. “Advertisement” does not include:

(A) general announcements that notify potential applicants that employment opportunities may exist with the employer but do not identify any specific job openings; or

(B) verbal announcements of employment opportunities that are made in person or on the radio, television, or other electronic mediums.

(2) “Base wage” means the hourly wage that an employer pays to a tipped employee and does not include any tips received by the employee. Nothing in this section shall be construed to alter an employer's obligations to comply with section 384 of this title.

(3) “Employer” means an employer, as defined pursuant to section 495d of this subchapter, that employs five or more employees.

(4) “Good faith” means honesty in fact.

(5) “Potential applicants” includes both current employees of the employer and members of the general public.

(6)(A) “Range of base wages” means the minimum and maximum base wages for a job opening that the employer expects in good faith to pay for the advertised job at the time the employer creates the advertisement.

(B) Nothing in this section shall be construed to prevent an employer from hiring an employee for more or less than the range of base wages contained in a job advertisement based on circumstances outside of the employer's control, such as an applicant's qualifications or labor market factors.

(7)(A) “Range of compensation” means the minimum and maximum annual salary or hourly wage for a job opening that the employer expects in good faith to pay for the advertised job at the time the employer creates the advertisement.

(B) Nothing in this section shall be construed to prevent an employer from hiring an employee for more or less than the range of compensation contained in a job advertisement based on circumstances outside of the employer's control, such as an applicant's qualifications or labor market factors.

(8)(A) “Vermont job opening” and “job opening” mean any position of employment that is:

(i) either:

(I) physically located in Vermont; or

(II) a remote position that will predominantly perform work for an office or work location that is physically located in Vermont; and

(ii) a position for which an employer is hiring, including:

(I) positions that are open to internal candidates or external candidates, or both; and

(II) positions into which current employees of the employer can transfer or be promoted.

(B) “Vermont job opening” and “job opening” does not include a position that is physically located outside of Vermont and that performs work that is predominantly for one or more offices or work locations that are physically located outside of Vermont.
21 V.S.A. § 1357 — VT Code / Title 21 / Chapter 17 / Section 1357
§ 1357. Notices; form and service
Status: in_force

Notices required under the provisions of this chapter, unless otherwise provided by the provisions of this chapter or by rules adopted by the Supreme Court, shall be deemed sufficient if given in writing and delivered to the person entitled to it by an agent of the Commissioner, or sent electronically or by ordinary or certified mail to the last known address of the person appearing in the records of the Commissioner. The manner of service shall be certified by the agent of the Commissioner making the service. Regardless of the manner of service and unless otherwise provided, appeal periods shall commence to run from the date of the determination or decision rendered. If a person to whom a notice has been sent files with the Commissioner within 60 days after the date of the notice a sworn statement to the effect that the notice was not received, or if the Commissioner is satisfied that the addressee did not receive the notice, a new notice shall be sent to that person and the appeal period shall commence to run from the date on which the new notice is sent.
21 V.S.A. § 1378 — VT Code / Title 21 / Chapter 17 / Section 1378
§ 1378. Requirements for obtaining license or governmental contract
Status: repealed

(a) As used in this section, “agency” means any unit of State government, including agencies, departments, boards, commissions, authorities, and public corporations.

(b) [Repealed.]

(c) Every agency shall, upon request, furnish to the Commissioner a list of licenses and contracts issued or renewed by the agency during the reporting period; provided, however, that the Secretary of State shall, with respect to certificates of authority to transact business issued to foreign corporations, furnish to the Commissioner only those certificates originally issued by the Secretary of State during the reporting period and not renewals of the certificates. The lists should include the name, address, Social Security or federal identification number of the licensee or provider, and any other information required by the Commissioner.

(d) If the Commissioner determines that any employing unit that has agreed to furnish goods, services, or real estate space to any agency has neglected or refused to pay contributions or payments in lieu of contributions and that the employing unit's liability for the contributions or payments in lieu of contributions is not under appeal, the Commissioner shall notify the agency and the employing unit in writing of the amount owed by the employing unit. Upon receipt of the notice, the agency shall transfer to the Commissioner any amounts that would otherwise be payable by the agency to the employing unit, up to the amount certified by the Commissioner. The Commissioner may treat any such payment as if it were a payment received from the employing unit.

(e) No agency of the State shall make final payment of any amount owed under a contract that contemplates the employment of any employing unit within the State or the use of any property within the State, or otherwise release any employing unit from the obligations of any such contract, unless the employing unit shall first obtain a certificate issued by the Commissioner that the employing unit is in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due as of the date of issuance of the certificate.

(f) Upon written request by the Commissioner and after notice and hearing to the employing unit as required under any applicable provision of law, an agency shall revoke or suspend any license or other authority to conduct a trade or business, including a license to practice a profession, issued to any employing unit if the agency finds that contributions or payments in lieu of contributions have not been paid and the employing unit's liability for contributions or payments in lieu of contributions is not under appeal. For purposes of such findings, the written representation to that effect by the Commissioner to the agency shall constitute prima facie evidence that contributions have not been paid and the employing unit's liability is not under appeal. The Commissioner shall have the right to intervene in any hearing conducted with respect to a license revocation or suspension. Any findings made by the agency with respect to a license revocation or suspension shall be made only for the purposes of the proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from a license revocation or suspension. Any license or certificate of authority suspended or revoked under this section shall not be reissued or renewed until the agency receives a certificate issued by the Commissioner that the applicable employing unit is in good standing with respect to any and all contributions or payments in lieu of contributions payable to the Commissioner as of the date of issuance of the certificate. Any person aggrieved by the decision of the agency may appeal from the decision in accordance with the provisions of 3 V.S.A. chapter 25.

(g)(1) For the purposes of this section, a person is in good standing with respect to any and all contributions or payments in lieu of contributions payable if:

(A) no contributions or payments in lieu of contributions are due and payable;

(B) the liability for any contributions or payments in lieu of contributions due and payable is on appeal;

(C) the employing unit is in compliance with a payment plan approved by the Commissioner; or

(D) in the case of a licensee, the agency finds that requiring immediate payment of contributions or payments in lieu of contributions due and payable would impose an unreasonable hardship.

(2) If the agency finds an unreasonable hardship, it may condition renewal on terms that will place the person in good standing with respect to any and all contributions or payments in lieu of contributions as soon as reasonably possible.
21 V.S.A. § 145 — VT Code / Title 21 / Chapter 3 / Section 145
§ 145. Elevator mechanic license and lift mechanic license
Status: in_force

An individual shall submit to the Commissioner a written application for an elevator mechanic or a lift mechanic license on a form provided by the Board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the Board that the applicant meets the qualifications established by the Board. An individual who holds an elevator mechanic license may work on platform lifts and stairway chairlifts without a lift mechanic license. An individual who holds only a lift mechanic license may not work on elevators without an elevator mechanic license.
21 V.S.A. § 708 — VT Code / Title 21 / Chapter 9 / Section 708
§ 708. Penalty for false representation
Status: in_force

(a) Action by the Commissioner of Labor. A person who willfully makes a false statement or representation, for the purpose of obtaining any benefit or payment under the provisions of this chapter, either for herself or himself or for any other person, after notice and opportunity for hearing, may be assessed an administrative penalty of not more than $20,000.00, and shall forfeit all or a portion of any right to compensation under the provisions of this chapter, as determined to be appropriate by the Commissioner after a determination by the Commissioner that the person has willfully made a false statement or representation of a material fact. In addition, an employer found to have violated this section is prohibited from contracting, directly or indirectly, with the State or any of its subdivisions for up to three years following the date the employer was found to have made a false statement or misrepresentation of a material fact, as determined by the Commissioner in consultation with the Commissioner of Buildings and General Services or the Secretary of Transportation, as appropriate. Either the Secretary or the Commissioner, as appropriate, shall be consulted in any contest relating to the prohibition of the employer from contracting with the State or its subdivisions.

(b) When the Department of Labor has sufficient reason to believe that an employer has made a false statement or representation for the purpose of obtaining a lower workers' compensation premium, the Department shall refer the alleged violation to the Commissioner of Financial Regulation for the Commissioner's consideration of enforcement pursuant to 8 V.S.A. § 3661(c).

(c) Any penalty assessed or order issued under this chapter or 8 V.S.A. § 3661 shall continue in effect against any successor employer that has one or more of the same principals or corporate officers as the employer against which the penalties were assessed or order issued and is engaged in the same or similar business.

(d) Notwithstanding the assessment of an administrative penalty under this section, a person may be prosecuted under 13 V.S.A. § 2024.
21 V.S.A. § 1348 — VT Code / Title 21 / Chapter 17 / Section 1348
§ 1348. Procedure
Status: in_force

(a)(1) An authorized representative of the Commissioner shall review each claim for benefits as provided in this chapter and shall, after review of the claim, promptly award any benefits that are determined to be payable under the provisions of this chapter. Prompt notice in writing of the determination of the representative and reasons for it shall be given to the claimant, the claimant's last employer, all other interested parties, and the Commissioner.

(2) Any interested party may, within 30 days after notice of the determination, file an appeal from the determination with an appeals referee employed by the Commissioner. The appeal shall, be heard within 30 days after it is filed at a place as convenient to the parties as, in the judgment of the referee, is practical. Notice of the hearing shall be provided to the claimant, the claimant's last employer, and all other interested parties. After the hearing, the determination shall be sustained, modified, or set aside by the referee as may be warranted. Prompt notice in writing of the decision of the referee and the reasons for it shall be given to the claimant, the claimant's last employer, and all other interested parties.

(b) The authorized representative of the Commissioner may, for good cause, at any time within one year after date of the original determination, reconsider an award of benefits or the denial of a claim for benefits, and may issue a redetermination that may award, terminate, continue, increase, or decrease the benefits. The redetermination shall not affect any benefits paid before the date of the determination under authority of the prior determination in the absence of nondisclosure or misrepresentation of a material fact. Prompt notice in writing of the redetermination and the reasons for it shall be given to the claimant, the claimant's last employer, and all other interested parties. All parties shall have the same right to appeal and the same procedure shall be followed as provided for in case of appeal from the original determination.
21 V.S.A. § 1121 — VT Code / Title 21 / Chapter 13 / Section 1121
§ 1121. Limitations
Status: in_force

Nothing in this chapter or in an apprenticeship agreement may be construed to invalidate:

(1) the at-will nature of employment in Vermont;

(2) any apprenticeship provision in a collective bargaining agreement between employers and employees establishing more stringent apprenticeship standards; or

(3) any special provision for veterans, minorities, or women in the standards, apprentice qualifications, or operation of an apprenticeship program or in the apprenticeship agreement that is not otherwise prohibited by law, Executive Order, or authorized regulation or rule.
21 V.S.A. § 705 — VT Code / Title 21 / Chapter 9 / Section 705
§ 705. Registration; penalty
Status: in_force

Employers shall register with the Department of Labor, on forms provided by it, when commencing or ceasing business operations in the State and no fee shall be required by the State for that registration. An employer who refuses or neglects to register as required by this section may be assessed an administrative penalty of not more than $50.00.
21 V.S.A. § 1361 — VT Code / Title 21 / Chapter 17 / Section 1361
§ 1361. Management of funds upon discontinuance of Unemployment Trust Fund
Status: in_force

The provisions of sections 1358–1360 of this subchapter to the extent that they relate to the federal Unemployment Trust Fund, shall be operative only if the federal Unemployment Trust Fund continues to exist and so long as the U.S. Secretary of the Treasury continues to maintain for this State a separate book account of all Funds deposited in the federal Unemployment Trust Fund by this State for benefit purposes, together with this State's proportionate share of the earnings of the Unemployment Trust Fund, from which only the Commissioner of Labor is permitted to make withdrawals. If and when federal law no longer requires the federal Unemployment Trust Fund to be maintained as a condition of approval of this chapter as provided in Title III of the Social Security Act, then all monies, properties, or securities in the federal Unemployment Trust Fund, belonging to the Unemployment Compensation Trust Fund of this State, shall be transferred to the treasurer of the Unemployment Compensation Trust Fund, who shall hold, invest, transfer, sell, deposit, and release the monies, properties, or securities in a manner approved by the Commissioner and appropriate for trust funds, subject to all claims for benefits under this chapter.
21 V.S.A. § 1326 — VT Code / Title 21 / Chapter 17 / Section 1326
§ 1326. Rate based on benefit experience
Status: in_force

(a)(1) The Commissioner shall for each rate year compute a benefit ratio for each employer who meets the requirements of section 1327 of this subchapter. For an employer whose record has been chargeable with benefits throughout the three consecutive calendar years immediately preceding the rate year for which the ratio is computed, the benefit ratio shall be the quotient obtained by dividing the total benefits charged to the employer's record in those three years by the total of the employer's taxable payrolls for the same three-year period.

(2) For an employer whose record has been chargeable with benefits for at least one but less than three consecutive calendar years immediately preceding the rate year for which the ratio is computed, the benefit ratio shall be the quotient obtained by dividing the total benefits charged to the employer's record for the calendar year or years by the total of the employer's taxable payrolls for the same period.

(3) The contribution rate of each employer, not otherwise ineligible, who meets the requirements of section 1327 of this subchapter, shall be determined under subsections (b) through (g) of this section.

(b) The Commissioner shall prepare a schedule that lists all employers for whom a benefit ratio has been computed pursuant to this section, in the order of their benefit ratios, beginning with the lowest such ratio, and on which shall be shown with respect to each such employer:

(1) the amount of the employer's benefit ratio;

(2) the amount of the employer's annual taxable payroll; and

(3) a cumulative total consisting of the amount of the employer's annual taxable payroll plus the amount of the annual taxable payrolls of all other employers preceding the employer on the list.

(c) The Commissioner shall segregate employers so listed into classes in accordance with the cumulative payrolls. The classes shall be determined by the cumulative payroll percentage limits set forth in column B of the table set forth in subsection (e) of this section. Each such class shall be identified by the rate class number in column A that is opposite the figures in column B that represents the percentage limits of each class. In the event an employer's taxable payroll falls in more than one rate class, the employer shall be assigned to the lower numbered rate class except that no employer shall be assigned to a higher rate class than is assigned any other employer with the same benefit ratio.

(d) The Commissioner shall compute a current fund ratio, and a highest benefit cost rate, as follows:

(1) The current fund ratio shall be determined by dividing the available balance of the Unemployment Compensation Fund on December 31 of the preceding calendar year by the total wages paid for employment during that calendar year as reported by employers by the following March 31.

(2)(A) The highest benefit cost rate is the highest annual ratio within the 10-year period ending on the preceding December 31 of benefits paid, including the State's share of extended benefits, for taxpaying employers divided by total wages paid in covered employment for taxpaying employers for the same period.

(B) Notwithstanding any provision of subdivision (A) of this subdivision (d)(2) to the contrary, when computing the tax rate schedule to become effective on July 1, 2021 and on each subsequent July 1, the Commissioner shall calculate the highest benefit cost rate without consideration of benefit payments made in calendar year 2020.

(e) The rate schedule shall be determined by dividing the current fund ratio by the highest benefit cost rate. The applicable rate schedule shall be that schedule below the resultant quotient that appears in column C of the following table:

(f) The contribution rate to become effective on July 1 of each year shall be the rate determined for that class into which the given employer is placed by application of this section.

(g) If, subsequent to the assignment of rates of contribution for any rate year, the benefit ratio of any employer is recomputed and changed, the employer shall be placed in that position on the list that the employer would have occupied had the employer's corrected benefit ratio been shown on the list, but the altered position on the list shall not affect the position of any other employer.

(h) In the determination of a rate schedule, only the wages paid by employers liable for payment of contributions into the fund and benefit payments not reimbursable by employers liable for payments in lieu of contributions shall be considered in the computation of a current fund ratio and highest benefit cost rate.
21 V.S.A. § 1737 — VT Code / Title 21 / Chapter 22 / Section 1737
§ 1737. Automatic membership dues deduction
Status: in_force

Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee's wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this section shall be construed to require a member of an employee organization to participate in automatic dues deduction.
21 V.S.A. § 387 — VT Code / Title 21 / Chapter 5 / Section 387
§ 387. Enforcement by Attorney General; employee misclassification [Repealed effective July 1, 2026]
Status: in_force

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

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

(2) Upon receiving notice that the Attorney General has determined that an employer has committed a violation of this subchapter by misclassifying an employee as an independent contractor, the Commissioners of Financial Regulation and of Taxes shall review whether the employer is in compliance with the insurance or tax laws that are under their jurisdiction.
21 V.S.A. § 1367b — VT Code / Title 21 / Chapter 17 / Section 1367b
§ 1367b. Supplemental Nutrition Assistance Program intercept of unemployment benefits
Status: in_force

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether he or she owes an uncollected overissuance of Supplemental Nutrition Assistance Program benefits as defined in 7 U.S.C. § 2022(c)(1). The Commissioner shall notify the State agency administering the Supplemental Nutrition Assistance Program enforcing such obligation of any individual who discloses that he or she owes an uncollected overissuance of Supplemental Nutrition Assistance Program benefits and who is determined to be eligible for unemployment compensation.

(b) Notwithstanding the provisions of sections 1366 and 1367 of this title, the Commissioner shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance of Supplemental Nutrition Assistance Program Benefits:

(1) the amount specified by the individual to the Commissioner to be deducted and withheld under this section;

(2) the amount, if any, determined pursuant to an agreement submitted to the State agency administering the Supplemental Nutrition Assistance Program under 7 U.S.C. § 2022(c)(3)(A); or

(3) any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to 7 U.S.C. § 2022(c)(3)(B).

(c) Any amount deducted and withheld under subsection (b) of this section shall be paid by the Commissioner to the appropriate State agency administering the Supplemental Nutrition Assistance Program.

(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 such individual to the State agency administering the Supplemental Nutrition Assistance Program as repayment of the individual's uncollected overissuance of Supplemental Nutrition Assistance Program benefits.

(e) As used in this section, the term “unemployment compensation” means any compensation payable under this chapter and any federal benefit payments made pursuant to agreements with the U.S. Department of Labor.

(f) This section applies only if arrangements have been made for reimbursement by the State agency administering the Supplemental Nutrition Assistance Program for the administrative costs incurred by the Commissioner under this section that are attributable to the repayment of uncollected overissuances of Supplemental Nutrition Assistance Program benefits to the State agency administering the Supplemental Nutrition Assistance Program.

(g) Any deduction and withholding authorized by this section shall not exceed 25 percent of the individual's weekly benefit amount.
21 V.S.A. § 495i — VT Code / Title 21 / Chapter 5 / Section 495i
§ 495i. Employment based on credit information; prohibitions
Status: in_force

(a) As used in this section:

(1) “Confidential financial information” means sensitive financial information of commercial value that a customer or client of the employer gives explicit authorization for the employer to obtain, process, and store and that the employer entrusts only to managers or employees as a necessary function of their job duties.

(2) “Credit history” means information obtained from a third party, whether or not contained in a credit report, that reflects or pertains to an individual's prior or current:

(A) borrowing or repaying behavior, including the accumulation, payment, or discharge of financial obligations; or

(B) financial condition or ability to meet financial obligations, including debts owed, payment history, savings or checking account balances, or savings or checking account numbers.

(3) “Credit report” has the same meaning as in 9 V.S.A. § 2480a.

(b) An employer shall not:

(1) fail or refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment; compensation; or a term, condition, or privilege of employment because of the individual's credit report or credit history; or

(2) inquire about an applicant's or employee's credit report or credit history.

(c)(1) An employer is exempt from the provisions of subsection (b) of this section if one or more of the following conditions are met:

(A) The information is required by State or federal law or regulation.

(B) The position of employment involves access to confidential financial information.

(C) The employer is a financial institution as defined in 8 V.S.A. § 11101(32) or a credit union as defined in 8 V.S.A. § 30101(5).

(D) The position of employment is that of a law enforcement officer as defined in 20 V.S.A. § 2351a, emergency medical personnel as defined in 24 V.S.A. § 2651(6), or a firefighter as defined in 20 V.S.A. § 3151(3).

(E) The position of employment requires a financial fiduciary responsibility to the employer or a client of the employer, including the authority to issue payments, collect debts, transfer money, or enter into contracts.

(F) The employer can demonstrate that the information is a valid and reliable predictor of employee performance in the specific position of employment.

(G) The position of employment involves access to an employer's payroll information.

(2) An employer that is exempt from the provisions of subsection (b) of this section may not use an employee's or applicant's credit report or history as the sole factor in decisions regarding employment; compensation; or a term, condition, or privilege of employment.

(d) If an employer seeks to obtain or act upon an employee's or applicant's credit report or credit history pursuant to subsection (c) of this section that contains information about the employee's or applicant's credit score, credit account balances, payment history, savings or checking account balances, or savings or checking account numbers, the employer shall:

(1) Obtain the employee's or applicant's written consent each time the employer seeks to obtain the employee's or applicant's credit report.

(2) Disclose in writing to the employee or applicant the employer's reasons for accessing the credit report and, if an adverse employment action is taken based upon the credit report, disclose the reasons for the action in writing. The employee or applicant has the right to contest the accuracy of the credit report or credit history.

(3) Ensure that none of the costs associated with obtaining an employee's or an applicant's credit report or credit history are passed on to the employee or applicant.

(4) Ensure that the information in the employee's or applicant's credit report or credit history is kept confidential and, if the employment is terminated or the applicant is not hired by the employer, provide the employee or applicant with the credit report or have the credit report destroyed in a secure manner that ensures the confidentiality of the information in the report.

(e) An employer shall not discharge or in any other manner discriminate against an employee or applicant who has filed a complaint of unlawful employment practices in violation of this section or who has cooperated with the Attorney General or a State's Attorney in an investigation of such practices or who is about to lodge a complaint or cooperate in an investigation or because the employer believes that the employee or applicant may lodge a complaint or cooperate in an investigation.

(f) Notwithstanding subsection (c) of this section, an employer shall not seek or act upon credit reports or credit histories in a manner that results in adverse employment discrimination prohibited by federal or State law, including section 495 of this title and Title VII of the Civil Rights Act of 1964.

(g) This section shall apply only to employers, employees, and applicants for employment and only to employment-related decisions based on a person's credit history or credit report. It shall not affect the rights of any person, including financial lenders or investors, to obtain credit reports pursuant to other law.
21 V.S.A. § 342a — VT Code / Title 21 / Chapter 5 / Section 342a
§ 342a. Investigation of complaints of unpaid wages
Status: in_force

(a) An employee or the Department on its own motion may file a complaint that wages have not been paid to an employee, not later than two years after the date the wages were due. The Commissioner shall provide notice and a copy of the complaint to the employer by service, or by certified mail sent to the employer's last known address, together with an order to file a response to the specific allegation in the complaint filed by the employee or the Department with the Department within 10 calendar days after receipt.

(b) The Commissioner shall investigate the complaint, and may examine the employer's records, enter and inspect the employer's business premises, question employees, subpoena witnesses, and compel the production of books, papers, correspondence, memoranda, and other records necessary and material to investigate the complaint. If a person fails to comply with any lawfully issued subpoena, or a witness refuses to testify to any matter on which the witness may be lawfully interrogated, the Commissioner may seek an order from the Civil Division of the Superior Court compelling testimony or compliance with the subpoena.

(c) If after the investigation wages are found to be due, the Commissioner shall attempt to settle the matter between the employer and employee. If the attempt fails, the Commissioner shall issue a written determination and order for collection, which shall specify the facts and the conclusions upon which the determination is based. The Department shall collect from the employer the amounts due and remit them to the employee. Notice of the determination and the order for collection to the employer shall be provided to all interested parties by certified mail or service.

(d) If the Commissioner determines that the unpaid wages were willfully withheld by the employer, the order for collection shall provide that the employer is liable to pay an additional amount not to exceed twice the amount of unpaid wages. One-half of the additional amount recovered above the employee's unpaid wages shall be remitted to the employee and one-half shall be retained by the Commissioner to offset administrative and collection costs.

(e) Within 30 days after the date of the determination, the employer or employee may file an appeal from the determination to a departmental administrative law judge. The appeal shall, after notice to the employer and employee, be heard by the administrative law judge within a reasonable time. The administrative law judge shall review the complaint de novo and, after a hearing, the determination and, if applicable, order for collection shall be sustained, modified, or reversed by the administrative law judge. Prompt notice in writing of the decision of the administrative law judge and the reasons for it shall be given to all interested parties.

(f) Notwithstanding any other provision of law, the employer or employee may appeal the decision of the administrative law judge within 30 days by filing a written request with the Employment Security Board. The appeal shall be heard by the Board after notice to the employee and employer. The Board may affirm, modify, or reverse the decision of the administrative law judge solely on the basis of evidence in the record or any additional evidence it may direct to be taken. Prompt notice of the decision of the Board shall be given to the employer and employee in the manner provided by section 1357 of this title. The Board's decision shall be final unless an appeal to the Supreme Court is taken. Testimony given at any hearing upon a complaint of unpaid wages shall be recorded, but the record need not be transcribed unless ordered. The costs of transcription shall be paid by the requesting party.

(g) The Commissioner may enforce a final order for collection under this section within two years of the date of the final order in the Civil Division of the Superior Court.

[Subsection (h) effective until July 1, 2026; see also subsection (h) effective July 1, 2026 set out below.]

(h) Information obtained from any employer, employee, or witness in the course of investigating a complaint of unpaid wages shall be confidential and shall not be disclosed or open to public inspection in any manner that reveals the employee's or employer's identity or be admissible in evidence in any action or proceeding other than one arising under this subchapter. However, such information may be released to any public official for the purposes provided in subdivision 1314(e)(1) of this title or to the Attorney General in relation to investigations conducted pursuant to section 346 of this subchapter as provided pursuant to the terms of the memorandum of understanding between the Attorney General and the Commissioner of Labor executed pursuant to section 3 of this title.

[Subsection (h) effective July 1, 2026; see also subsection (h) effective until July 1, 2026 set out above.]

(h) Information obtained from any employer, employee, or witness in the course of investigating a complaint of unpaid wages shall be confidential and shall not be disclosed or open to public inspection in any manner that reveals the employee's or employer's identity or be admissible in evidence in any action or proceeding other than one arising under this subchapter. However, such information may be released to any public official for the purposes provided in subdivision 1314(e)(1) of this title.
21 V.S.A. § 302 — VT Code / Title 21 / Chapter 5 / Section 302
§ 302. Definitions
Status: in_force

As used in this subchapter:

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

(2) “Employee” means every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services.
21 V.S.A. § 1645 — VT Code / Title 21 / Chapter 20 / Section 1645
§ 1645. Automatic membership dues deduction
Status: in_force

Independent direct support providers who are members of the labor organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an independent direct support provider, the State shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the independent direct support provider's wages the amount of membership dues certified by the labor organization. The State shall transmit the amount withheld to the labor organization on the same day as the independent direct support provider is paid. Nothing in this section shall be construed to require a member of a labor organization to participate in automatic dues deduction.
21 V.S.A. § 1369 — VT Code / Title 21 / Chapter 17 / Section 1369
§ 1369. False statements to avoid unemployment program obligations
Status: in_force

A person who intentionally makes a material false statement or representation to avoid becoming or remaining subject to this chapter, or to avoid or reduce a contribution or other payment required of an employer under this chapter for either themselves or for any other person, after notice and opportunity for hearing, may be assessed an administrative penalty of not more than $5,000.00.
21 V.S.A. § 146 — VT Code / Title 21 / Chapter 3 / Section 146
§ 146. Elevator inspector license
Status: in_force

An individual shall submit to the Commissioner a written application for an elevator inspector license on a form provided by the Board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the Board that the applicant meets the qualifications established by the Board.
21 V.S.A. § 497d — VT Code / Title 21 / Chapter 5 / Section 497d
§ 497d. Powers
Status: in_force

The Vermont Governor's Committee on Employment of People with Disabilities is authorized to receive any gifts, grants, or donations made for any of the purposes of its program. (1963, No. 200, § 6, eff. June 29, 1963; amended 1991, No. 168 (Adj. Sess.), § 6.)
21 V.S.A. § 667 — VT Code / Title 21 / Chapter 9 / Section 667
§ 667. Examination by independent medical examiners
Status: in_force

(a)(1) When a dispute exists regarding the reasonableness and necessity of treatment for an injury, or regarding the claimant's ability to perform suitable work, including light duty work, or regarding any other medical issue, the Commissioner may appoint an independent medical examiner to examine the employee and report to the Commissioner.

(2) Whenever a dispute exists regarding the nature and extent of any permanent partial impairment that involves permanent partial disability ratings that differ by more than 10 percent, the Commissioner shall appoint an independent medical examiner to examine the employee and report to the Commissioner the examiner's opinion regarding the nature and extent of any permanent partial impairment. The opinion of the independent medical examiner as to degree of impairment shall be binding on the parties absent a showing of substantial error or omissions fraud or a gross departure from generally accepted medical practices.

(3) If a dispute involves permanent partial disability ratings that differ by 10 percent or less, the rating shall be determined by the Commissioner.

(b)(1) A pool of independent medical examiners shall be established to perform independent medical examinations.

(2) Representatives of management and labor shall each submit a list of health care providers as proposed members of the pool. The Commissioner shall select the common names from both lists.

(3) If, in the opinion of the Commissioner, the number of independent medical examiners in the pool is not sufficient for any reason, or does not adequately represent a range of health care providers, the Commissioner shall select additional health care providers or request additional names.

(4) All health care providers in the pool shall receive training about the nature and purpose of workers' compensation and shall follow the guidelines developed by rule by the Commissioner.

(5) Where a dispute involves a determination of the degree of permanent partial disability, the independent medical examiner shall use the most recent edition of the American Medical Association Guides to the Evaluation of Permanent Impairment or the supplement provided by the Commissioner.

(c) The Commissioner shall determine fees to be paid to independent medical examiners for examinations pursuant to subsection 640(d) of this title. The fee shall be paid by the employer in an amount and proportion determined by the Commissioner.

(d) If a claimant fails or refuses to undergo an independent medical examination without good cause, the Commissioner may assess all or a part of the cost of the examination or any missed appointments against the claimant or may suspend payment of compensation to which the claimant may be entitled, or both.

(e) The independent medical examination report shall be admitted into evidence in any Superior Court appellate proceedings concerning the claim. The use of an independent medical examiner under this section shall not limit the right of a claimant to obtain the medical examination and report on any disputed medical issue.

(f) If an independent medical examiner is appointed, all parties to the dispute shall immediately provide the examiner with copies of all relevant medical records in their possession and shall assist the examiner in obtaining any other medical records deemed relevant to the proceedings.
21 V.S.A. § 691a — VT Code / Title 21 / Chapter 9 / Section 691a
§ 691a. Posting of safety records
Status: in_force

(a) In support of the State's fundamental interest in ensuring the well-being of employees and employers, it is the intent of the General Assembly to improve the safety experience in the workplace.

(b) An employer subject to the provisions of this chapter shall post a notice in the employer's place of business to advise employees of where they may review the employer's record of workplace safety, including workplace injury and illness data, in accordance with rules adopted by the Commissioner. The employer's record of workplace safety, including workplace injury and illness data, shall be available for review by employees at the employer's place of business and the Commissioner, but shall not otherwise be public information. The posting shall be in a format approved by the Commissioner. The posting may be in a format provided by the Commissioner.
21 V.S.A. § 637 — VT Code / Title 21 / Chapter 9 / Section 637
§ 637. Death benefits; rival claimants
Status: in_force

Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer unless and until such dependent or dependents prior in right have given him notice of his, her, or their claim. In case the employer is in doubt as to the respective rights of rival claimants, he or she may apply to the Commissioner to decide between them.
21 V.S.A. § 1423a — VT Code / Title 21 / Chapter 17 / Section 1423a
§ 1423a. Disqualifications
Status: in_force

(a) Notwithstanding any other provision of this subchapter, if so found by the Commissioner, payment of extended compensation shall not be made to any individual for any week of unemployment in the individual's eligibility period during which the individual:

(1) fails to accept any offer of suitable work;

(2) fails to apply for any suitable work to which the individual was referred by the Commissioner; or

(3) fails to actively engage in seeking work.

(b) If any individual is ineligible for extended compensation for any week by reason of a failure described in subsection (a) of this section, the individual shall be ineligible to receive extended compensation for any week that begins during a period that:

(1) begins with the week following the week in which the failure occurs; and

(2) does not end until the individual has been employed during at least four weeks that begin after the failure and the total of the remuneration earned by the individual for being so employed is not less than the product of six multiplied by the individual's average weekly benefit amount as determined for the individual's benefit year.

(c) Extended compensation shall not be denied under subsection (a) of this section to any individual for any week by reason of a failure to accept an offer of, or apply for, suitable work if:

(1) the gross average weekly remuneration payable to that individual for the position does not exceed the sum of:

(A) the individual's average weekly benefit amount as determined for the individual's benefit year; plus

(B) the amount, if any, of supplemental unemployment compensation benefits, as defined in 26 U.S.C. § 501(c)(17)(D), payable to that individual for that week;

(2) the position was not offered to the individual in writing and was not listed with the State employment service;

(3) the failure would not result in a denial of compensation under the provisions of subdivision 1344(a)(2) of this chapter to the extent that those provisions are not inconsistent with the provisions of subdivision 1421(10) of this subchapter and subsection (d) of this section; or

(4) the position pays wages less than the higher of:

(A) the minimum wage provided by 29 U.S.C. § 206(a)(1), without regard to any exemption; or

(B) any applicable state or local minimum wage.

(d) For purposes of this subsection, an individual shall be treated as actively engaged in seeking work during any week if:

(1) the individual has engaged in a systematic and sustained effort to obtain work during that week, and

(2) the individual provides tangible evidence to the Commissioner that the individual has engaged in such an effort during that week.

(e) No provision of section 1344 of this chapter that terminates a disqualification for voluntarily leaving employment, being discharged for misconduct, or refusing suitable employment shall apply for purposes of determining eligibility for extended compensation unless that termination is based upon employment subsequent to the date of the disqualification.
21 V.S.A. § 1124 — VT Code / Title 21 / Chapter 13 / Section 1124
§ 1124. Youth apprenticeship programs
Status: in_force

(a) A youth apprenticeship program is one that prepares a youth apprentice for acceptance into an apprenticeship program and is designed for youth apprentices who start the program while still enrolled in high school.

(b) A youth apprenticeship program may be registered by the Department after submitting the following information:

(1) a written plan that articulates the work processes and how a youth apprentice will receive supervised work experience and on-the-job training or training in an experiential setting;

(2) how time spent by a youth apprentice in each major work process will be spent or that specifies how competencies or proficiencies are aligned between their high school education and the youth apprenticeship program, and that states which graduation requirements will be met;

(3) a description of the mentoring that will be provided to the youth apprentice;

(4) a description or timeline explaining the periodic reviews and evaluations of the youth apprentices performance on the job and in related technical instruction;

(5) a process for maintaining appropriate progress records, including the reviews and evaluations;

(6) a description of related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment in secondary or post-secondary courses;

(7) whether and how the program is aligned with high school diploma requirements and career clusters;

(8) whether the program meets the related technical instruction requirements for an apprenticeship program;

(9) if a program includes paid work, a progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice as skills are mastered;

(10) how the program prepares the youth apprentice for placement in further education, employment, or an apprenticeship program; and

(11) the terms by which the program grants advanced standing or credit to individuals applying for the youth apprenticeship with demonstrated competency or acquired experience, training, or skills.
21 V.S.A. § 511 — VT Code / Title 21 / Chapter 5 / Section 511
§ 511. Definitions
Status: in_force

As used in this subchapter:

(1) “Applicant for employment” means an individual seeking or being sought for employment with an employer.

(2) “Designated laboratory” means a laboratory designated by the Department of Health under section 518 of this title.

(3) “Drug” means a drug listed or classified by the U.S. Drug Enforcement Administration as a Schedule I drug, or its metabolites, and alcohol. It shall also mean other drugs or their metabolites that are likely to cause impairment of the individual on the job, which are: amitriptyline, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, doxepin, glutethimide, hydromorphone, imipramine, meperidine, methadone, methaqualone, opiates, oxycodone, pentazocine, phenytoin, phencyclidine, phenothiazines, and propoxyphene. In addition, the Commissioner of Health may, pursuant to 3 V.S.A. chapter 25, add drugs to this list not recognized as being commonly abused and likely to cause impairment of the employee on the job as of May 22, 1987.

(4) “Drug test” means the procedure of taking and analyzing body fluids or materials from the body for the purpose of detecting the presence of a regulated drug as defined in 18 V.S.A. chapter 84 or a drug as defined in subdivision (3) of this section.

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

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

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

(8) “Collector” means an individual certified by a U.S. Health and Human Services approved collector certification program for each type of specimen to be collected. A “collector” shall be recertified every three years and may not be an employee of the employer for the purposes of performing a drug test based on probable cause.
21 V.S.A. § 1733 — VT Code / Title 21 / Chapter 22 / Section 1733
§ 1733. Arbitration
Status: in_force

(a)(1) Nothing in this chapter shall prevent the legislative body of a municipal employer and the exclusive bargaining agent from voluntarily submitting a contract impasse to final and binding arbitration or for the municipality by a referendum vote from adopting binding arbitration procedures, in the following form:

The arbitrator shall have the power to determine all issues in dispute involving wages, hours, and conditions of employment as defined by this chapter.

(2)(A) Notwithstanding any provision of subdivision (1) of this subsection (a), if an impasse continues between the legislative body of a municipal employer and the exclusive bargaining agent for municipal public safety employees for 20 days after a fact finder has made its report public under subsection 1732(e) of this title, the legislative body of the municipal employer and the exclusive bargaining agent for the municipal public safety employees shall submit the contract impasse to final and binding arbitration pursuant to the provisions of this section.

(B) Notwithstanding any provision of section 1732 of this chapter to the contrary, after the mediator has certified to the Commissioner of Labor that the impasse continues, the legislative body of a municipal employer and the exclusive bargaining agent for municipal public safety employees may agree to proceed directly to final and binding arbitration pursuant to the provisions of this section without first submitting the dispute to fact finding pursuant to section 1732 of this chapter.

(C) The provisions of this subdivision (2) shall not apply to negotiations between the legislative body of a municipal employer and the exclusive bargaining agent for a bargaining unit that includes both municipal public safety employees and other municipal employees.

(b) Where an impasse continues for 20 days after a fact finder has made a report public under subsection 1732(e) of this title, a three-member arbitration panel shall be formed as follows:

(1) Each party to the impasse shall select one member of the panel and state its final offer on all disputed issues on the 20th day following publication of the fact finder's report.

(2) The two members so selected shall within five business days select the third member of the panel to serve as Chair. If the two members fail to select a third member of the panel within five business days, the third member shall be appointed by the Superior Court for the county in which the municipality is situated, upon petition of either party, and notice to the other party.

(3) Within 30 days of the appointment of the Chair, the panel shall decide by majority vote all disputed issues involving wages, hours, and conditions of employment as defined by this chapter, and this award shall become an agreement of the parties.

(c) In reaching a decision the arbitrator shall give weight to the factors listed in subsection 1732(d) of this title.

(d) Upon application of a party, a Superior Court shall vacate an award if:

(1) the award was procured by corruption, fraud, or other undue means;

(2) there was evident partiality or prejudicial misconduct by the arbitrator;

(3) the arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law;

(4) the award was made on the basis of subsection (a) of this section, and there was no arbitration agreement; or

(5) there is an absence of substantial evidence on the record as a whole to support the award.

(e) An application under this section shall be made within 30 days after delivery of a copy of the award to the applicant, except that in case of a claim of corruption, fraud, or other undue means, it shall be made within 30 days after such grounds are known or should have been known.

(f) If a municipality has voted to adopt binding arbitration procedures, the legislative body of the municipal employer and the exclusive bargaining agent may agree to proceed directly from mediation to binding arbitration without submitting the dispute to fact-finding. The decision to proceed directly to binding arbitration may be made at any reasonable time during the mediation process but no less than 30 days after appointment of the mediator under section 1731 of this title. The arbitration panel shall be selected as provided in subsection (b) of this section, with each party to the impasse selecting one member of the panel and stating its final offer on the 20th day after the agreement to proceed directly to arbitration is reached, and the two members so selected selecting the third member within five days.

(g) Nothing shall prevent a municipal employee from participating in a debate or campaign conducted with regard to a referendum held pursuant to subsection (a) of this section.
21 V.S.A. § 1119 — VT Code / Title 21 / Chapter 13 / Section 1119
§ 1119. Apprentices registered; agreement
Status: in_force

(a) Apprentices shall be individually registered under a registered sponsor and in an apprenticeship program.

(b) Registration is complete when the sponsor files a signed, completed apprenticeship agreement with the Vermont Registered Apprenticeship Program and it is reviewed and approved by the Department.

(c) An apprenticeship agreement shall contain:

(1) the names and signatures of the apprentice, the program sponsor or employer, and of a parent or guardian of the apprentice if the apprentice is a minor;

(2) the date of birth and Social Security number of the apprentice;

(3) the contact information of the program sponsor and Vermont Registered Apprenticeship Program;

(4) a statement of the occupation in which the apprentice is to be trained and the beginning date and duration of apprenticeship;

(5) a statement showing:

(A) the number of hours to be spent by the apprentice in work on-the-job in a time-based program or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component;

(B) the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of hybrid program; and

(C) the number of hours to be spent in related technical instruction in subjects related to the occupation, which is required to be not less than 144 hours per year;

(6) a statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process;

(7) a statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated;

(8) statements providing:

(A) for a specific period of probation during which the apprenticeship agreement may be cancelled by either party to the agreement upon written notice to the registration agency without adverse impact on the sponsor; and

(B) that, after the probationary period, the apprenticeship agreement may be:

(i) cancelled at the request of the apprentice; or

(ii) suspended or cancelled by the sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action and with written notice to the apprentice and to the Vermont Registered Apprenticeship Program of the final action taken;

(9) a reference incorporating as part of the agreement the standards of the apprenticeship program as they exist on the date of the agreement and as they may be amended during the period of the agreement;

(10) a statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, genetic information, age, qualified disability, incarceration history, or any other category protected by State or federal law;

(11) the name, physical address, telephone number, and e-mail address of the appropriate authority designated under the apprenticeship program to receive, process, and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the established procedure or applicable collective bargaining provisions;

(12) to conform to the federal Equal Employment Opportunity Act of 1972, 42 U.S.C. chapter 21, subchapter VI and for affirmative action compliance in apprenticeship programs, the voluntary disclosure of the apprentice's race, sex, gender identity, sexual orientation, ethnicity, and disability status; and

(13) if the apprentice completed secondary school in Vermont and is between 18 and 25 years of age, the name of the secondary school from which the apprentice is a graduate, and if the apprentice attended a regional CTE center, the name of the center where the apprentice received technical education while in secondary school.

(d) An apprenticeship agreement shall not be modified unless it is in writing and signed by the parties.
21 V.S.A. § 225 — VT Code / Title 21 / Chapter 3 / Section 225
§ 225. Citations
Status: in_force

(a)(1) If, upon inspection or investigation, the Commissioner or the Director or the agent of either of them finds that an employer has violated a requirement of the VOSHA Code, the Commissioner shall with reasonable promptness issue a citation to the employer and serve it on the employer by certified mail or in the same manner as a summons to the Superior Court. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions of the statute, standard, rule, or order alleged to have been violated, as well as the penalty, if any, proposed to be assessed pursuant to section 210 of this title. In addition, the citation shall fix a reasonable time for the abatement of the violation.

(2) By rule, the Commissioner shall adopt procedures for issuance of a notice in lieu of a citation with respect to de minimis violations that have no direct or immediate relationship to safety or health and for hearing interested parties before a civil penalty is assessed.

(b) Each citation issued under this section, or a copy or copies of the citation, shall be prominently posted, as prescribed in rules adopted by the Commissioner, at or near each place a violation referred to in the citation occurred or existed.

(c) A citation issued under this section may be served by an agent of the Commissioner, who shall make return in the same manner as sheriffs, deputy sheriffs, or constables make after serving a summons.

(d) A citation may not be issued after six months following the inspection or investigation that reveals the violation.
21 V.S.A. § 1346 — VT Code / Title 21 / Chapter 17 / Section 1346
§ 1346. Claims for benefits; rules; notice
Status: in_force

(a) Claims for benefits shall be made in accordance with rules adopted by the Board.

(b) Every person making a claim shall certify that he or she has not, during the week with respect to which waiting period credit or benefits are claimed, earned or received wages or other remuneration for any employment, whether subject to this chapter or not, otherwise than as specified in his or her claim. All benefits shall be paid in accordance with the rules adopted by the Board.

(c)(1) An employer shall post notice of how an unemployed individual can seek unemployment benefits in a form provided by the Commissioner in a place conspicuous to individuals performing services for the employer. The notice shall also advise individuals of their rights under the Domestic and Sexual Violence Survivor's Transitional Employment Program, established pursuant to chapter 16A of this title. The Commissioner shall provide a copy of the notice to an employer upon request without cost to the employer.

(2) An employer shall provide an individual with notification of the availability of unemployment compensation at the time of the individual's separation from employment. The notification may be based on model notification language provided by the U.S. Secretary of Labor.
21 V.S.A. § 497c — VT Code / Title 21 / Chapter 5 / Section 497c
§ 497c. Disability Awareness Month
Status: in_force

The month of October is designated as “Disability Awareness Month.”
21 V.S.A. § 416 — VT Code / Title 21 / Chapter 5 / Section 416
§ 416. Powers of the Commissioner
Status: in_force

(a) The Commissioner may adopt rules as necessary, pursuant to 3 V.S.A. chapter 25, to carry out this subchapter. The rules shall include provisions that allow the parties access to administrative hearings for any actions of the Department under this subchapter.

(b) In any investigation or proceeding under this subchapter, the Commissioner has, in addition to all other powers granted by law, the authority to subpoena and examine information of an employer necessary to determine whether a violation of this subchapter has occurred, including to determine the validity of any defense.

(c) Information obtained through administration of this subchapter by the Commissioner and the Secretary of Commerce and Community Development shall be confidential, except that the number of layoffs, the types of jobs affected, and work locations affected shall cease to be confidential after local government and the affected employees have been notified. The Department may provide the information collected pursuant to subsection 413(c) of this subchapter to the U.S. Department of Labor and any other governmental entities for the purposes of securing benefits for the affected employees.

(d) Neither the Commissioner nor any court shall have the authority to enjoin a business closing, relocation, or mass layoff under this subchapter.
21 V.S.A. § 227 — VT Code / Title 21 / Chapter 3 / Section 227
§ 227. Judicial review
Status: in_force

(a)(1) Any person adversely affected or aggrieved by an order of the Review Board may appeal to any Superior Court for the county in which the violation is alleged to have occurred or where the employer has its principal office. The appeal shall be taken within 30 days following the issuance of the order.

(2) The court shall have power to grant temporary relief or a restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in the record a decree affirming, modifying, or setting aside, in whole or in part, the order of the Review Board and enforcing the same to the extent that the order is affirmed or modified.

(3) The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Review Board.

(4) An objection that has not been raised before the Review Board shall not be considered by the court, unless the failure or neglect to raise the objection is excused by the court because of extraordinary circumstances.

(5) The findings of the Review Board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(6)(A) The court may order additional evidence to be taken and made a part of the record if a party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for failure to adduce the evidence in the hearing before the Review Board.

(B) The Review Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed. If it does so, the Review Board shall file the modified or new findings and its recommendations, if any, for the modification or setting aside of its original order. New findings with respect to questions of fact that are filed by the Review Board shall be conclusive, if supported by substantial evidence on the record considered as a whole.

(7) Upon the filing of the record with it, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court. Judicial review under this subsection (a) shall be considered expeditiously.

(b)(1) The Commissioner may also obtain a review or enforcement of any final order of the Review Board by filing a petition for relief in the Superior Court within the jurisdiction of which the alleged violation occurred or in which the employer has its principal office. The provisions of subsection (a) of this section shall govern proceedings under this subsection to the extent applicable.

(2) If judicial review is not sought within 30 days after service of the Review Board's order, the Review Board's findings of fact and order shall be conclusive in connection with any petition for enforcement that is filed by the Commissioner after the expiration of the 30-day period.

(3) In any such case, as well as in the case of a noncontested citation or notification by the Commissioner, that has become a final order of the Review Board, the clerk of the court, unless otherwise ordered by the court, shall promptly enter a decree enforcing the order and shall transmit a copy of the court decree to the Commissioner and the employer named in the petition.

(c) In any contempt proceeding brought to enforce a court decree entered pursuant to this section, the court may assess the penalties provided in addition to invoking any other available remedies
21 V.S.A. § 1318 — VT Code / Title 21 / Chapter 17 / Section 1318
§ 1318. Reciprocal benefit arrangements
Status: in_force

(a) The Commissioner is authorized to enter into arrangements with the appropriate agencies of other states or the federal government under which potential rights to benefits accumulated under the unemployment compensation laws of other states or under federal law, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms that the Commissioner finds will be fair and reasonable to all affected interests and will not result in any substantial loss to the Fund. The Commissioner is authorized to reimburse a state or federal agency for benefits paid by that agency upon the basis of wages received in employment subject to this chapter or to receive from a state or federal agency amounts paid from the Fund upon the basis of wages received in employment subject to the laws of the state or to federal law.

(b) The Commissioner shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with the individual's wages and employment covered under the unemployment compensation laws of other states that are approved by the U.S. Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to ensure the prompt and full payment of compensation in such a situation and that include provisions for:

(1) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws; and

(2) avoiding the duplicate use of wages and employment by reason of the combination pursuant to subdivision (1) of this subsection (b).

(c)(1) Reimbursements paid from the Fund pursuant to this section shall be deemed to be benefits for the purposes of this chapter.

(2) No charge on account of reimbursements paid pursuant to subdivision (1) of this subsection (c) shall be made to an employer's experience rating record under subsection 1325(a) of this subchapter.

(3) Benefits paid from the Fund to an individual, under arrangements entered into pursuant to this section, shall not be charged to an employer's experience rating record under subsection 1325(a) of this subchapter when the benefits would not have been payable to the individual but for this section because the individual lacked wages in employment necessary to qualify for benefits under section 1338 of this subchapter.
21 V.S.A. § 712 — VT Code / Title 21 / Chapter 9 / Section 712
§ 712. Enforcement by Attorney General [Repealed effective July 1, 2026]
Status: in_force

(a) Following the referral of a complaint by the Commissioner of Labor pursuant to the provisions of section 3 of this title, the Attorney General may investigate a complaint that an employer has committed a willful, substantial, or systemic violation of section 687 or 708 of this chapter by claiming that it is not an employer as defined pursuant to subdivision 601(3) of this chapter or that an individual is not a worker or employee as defined pursuant to subdivision 601(14) of this chapter and may enforce those provisions by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though an employer that violates section 687 or 708 of this chapter by claiming that it is not an employer as defined pursuant to subdivision 601(3) of this chapter or that an individual is not a worker or employee as defined pursuant to subdivision 601(14) of this chapter is committing an unfair act in commerce. Any employer, employment agency, or labor organization complained against shall have the same rights and remedies as specified in 9 V.S.A. §§ 2458-2461. The Superior Court may impose the same civil penalties and investigation costs and order other relief to the State of Vermont or an aggrieved employee for a violation of section 687 or 708 of this chapter and any related violations of the provisions of this chapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Court may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.

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

(2) Upon receiving notice that the Attorney General has determined that an employer committed a violation of section 687 or 708 of this chapter by claiming that it was not an employer as defined pursuant to subdivision 601(3) of this chapter or that an individual was not a worker or employee as defined pursuant to subdivision 601(14) of this chapter, the Commissioners of Financial Regulation and of Taxes shall review whether the employer is in compliance with the insurance or tax laws that are under their jurisdiction.
21 V.S.A. § 711 — VT Code / Title 21 / Chapter 9 / Section 711
§ 711. Workers' Compensation Administration Fund
Status: in_force

(a) The Workers' Compensation Administration Fund is created pursuant to 32 V.S.A. chapter 7, subchapter 5 to be expended by the Commissioner for the administration of the workers' compensation and occupational disease programs. The Fund shall consist of contributions from employers made at a rate of 1.4 percent of the direct calendar year premium for workers' compensation insurance, one percent of self-insured workers' compensation losses, and one percent of workers' compensation losses of corporations approved under this chapter. Disbursements from the Fund shall be on warrants drawn by the Commissioner of Finance and Management in anticipation of receipts authorized by this section.

(b)(1) Annually, the General Assembly shall establish the rate of contribution for the direct calendar year premium for workers' compensation insurance. The rate shall equal the amount approved in the appropriations process for the program and the Department's projection of salary and benefit increases for that fiscal year, less the amount collected in the prior calendar year under subsection (a) of this section from self-insured workers' compensation losses and from corporations approved under this chapter, adjusted by any balance in the Fund from the prior fiscal year, divided by the total direct calendar year premium for workers' compensation insurance for the prior year.

(2) In the event that the General Assembly does not establish the rate of contribution for the direct calendar year premium for workers' compensation insurance for a given fiscal year, the rate shall remain unchanged from the prior fiscal year.
21 V.S.A. § 141 — VT Code / Title 21 / Chapter 3 / Section 141
§ 141. Purpose; definitions
Status: in_force

(a) The purpose of this subchapter is to ensure that elevators and other automated conveyances are correctly and safely installed and operated within the State by authorizing and enforcing rules for the design, installation, operation, and maintenance of automated people conveyances, and by licensing mechanics and inspectors who work on these conveyances.

(b) As used in this subchapter:

(1) “Board” means the Elevator Safety Review Board.

(2) “Certificate of operation” means a document issued by the Department indicating that a conveyance has passed the required safety inspection, and the conveyance may be operated for a year from the date the certificate is issued.

(3) “Commissioner” means the Commissioner of Public Safety or the Commissioner's designee.

(4) “Conditional certificate of operation” means a document issued by the Department that permits a conveyance that is not in compliance with rules adopted under this subchapter, but, after inspection, has been deemed safe for temporary operation to operate for up to 30 days or until the conveyance is in compliance, whichever occurs earlier.

(5) “Conveyance” means an electrically driven mechanical device that moves people or materials vertically, and includes elevators, escalators, platform lifts, and stairway chairlifts.

(6) “Department” means the Department of Public Safety.

(7) “Elevator inspector” means an individual who is licensed by the Commissioner to perform safety inspections of newly installed and existing conveyances.

(8) “Elevator mechanic” means an individual who is licensed by the Commissioner to erect, construct, install, alter, service, repair, and maintain conveyances.

(9) “Public building” has the same meaning as in 20 V.S.A. § 2730.

(10) “Lift mechanic” means an individual who is licensed by the Commissioner to erect, construct, install, alter, service, repair, and maintain platform lifts and stairway chairlifts.
21 V.S.A. § 1039 — VT Code / Title 21 / Chapter 12 / Section 1039
§ 1039. Employee benefits
Status: in_force

(a) An employee leasing company that offers employee benefit and welfare plans shall offer comparable benefits to each client company but is not required to provide comparable benefits to leased employees of different client companies.

(b) An employee leasing company that provides health insurance benefits to its leased employees shall provide those benefits only pursuant to one of the following:

(1) an insurance policy issued under 8 V.S.A. chapter 107 by an insurer or entity authorized to do business by the Commissioner of Financial Regulation; or

(2) a plan that has been qualified as a single employer plan under the provisions of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., as amended.

(c) An employee leasing company and the client company shall be jointly and severally liable for protection or damages provided under laws designed to protect the health, safety, and welfare of an employee.
21 V.S.A. § 474 — VT Code / Title 21 / Chapter 5 / Section 474
§ 474. Penalties and enforcement
Status: in_force

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

(b) An employer may bring a civil action to recover compensation paid to the employee during leave, except payments made for accrued sick leave or vacation leave, and court costs to enforce the provisions of subsection 472(h) of this title.
21 V.S.A. § 1303 — VT Code / Title 21 / Chapter 17 / Section 1303
§ 1303. Compensation
Status: in_force

The Commissioner of Labor shall be paid an annual salary, as provided by 32 V.S.A. § 1003, and necessary expenses incurred in the performance of the Commissioner's duties. Each other member of the Board shall be paid a per diem fixed by the Emergency Board while engaged in work connected with his or her official duties and shall be entitled to his or her actual and necessary expenses when away from home in discharge of such duties. All vouchers for salary, per diem, or expenses of a member shall be approved by the other members of the Board before payment thereof.
21 V.S.A. § 1731 — VT Code / Title 21 / Chapter 22 / Section 1731
§ 1731. Mediation
Status: in_force

(a) If the parties are at an impasse in negotiations, either party may petition the Commissioner of Labor to appoint a mediator. The Commissioner shall within 30 days serve as a mediator, or shall appoint a mediator, who shall communicate with the employer and the employees or their representatives and endeavor by mediation to obtain an amicable settlement. Any mediator so appointed shall be a person of high standing in no way actively connected with labor or management.

(b) Nothing in this section shall prevent the Commissioner from serving as a mediator or from appointing a mediator in the absence of a petition if the Commissioner determines that an impasse exists and that the public interest so requires.
21 V.S.A. § 1352 — VT Code / Title 21 / Chapter 17 / Section 1352
§ 1352. Witnesses; fees
Status: in_force

In the discharge of his or her duties prescribed by this chapter, any member of the Board, a referee, and any authorized agent of the Commissioner shall have power to administer oaths, take depositions, certify to official acts, and by subpoena compel the attendance of witnesses and the production of books, papers, documents, and records, necessary and material to be used in connection with any disputed claim. Witnesses summoned by a member of the Board, a referee, or an agent of the Commissioner in proceedings within this section shall be paid the same fees as witnesses summoned to appear before a Criminal Division of the Superior Court in civil causes. Such fees shall be paid out of the Vermont Employment Security Board Administration Fund.
21 V.S.A. § 1122 — VT Code / Title 21 / Chapter 13 / Section 1122
§ 1122. Complaints
Status: in_force

(a) Any controversy or difference arising under an apprenticeship agreement that cannot be resolved by the parties and that is not covered by a collective bargaining agreement may be submitted by an apprentice, or the apprentice's authorized representative, to the Vermont Registered Apprenticeship Program for review.

(b)(1) The complaint shall be in writing and signed by the complainant, or authorized representative, and shall be submitted within 60 business days following the event that gave rise to the complaint.

(2) The complaint shall set forth the specific matters complained of, together with relevant facts and circumstances.

(3) Copies of pertinent documents and correspondence shall accompany the complaint.

(c)(1) The Vermont Registered Apprenticeship Program shall render a determination within 90 business days after receipt of the complaint, based upon such investigation of the matters submitted as may be found necessary, and the record before it.

(2) During the 90-day period, the Vermont Registered Apprenticeship Program shall make reasonable efforts to affect a satisfactory resolution between the parties involved.

(3) If so resolved, the parties shall be notified that the case is closed.

(4) Where a determination is rendered, copies shall be sent to all interested parties.

(d)(1) This section is not applicable to any complaint concerning discrimination or other equal opportunity matters.

(2) All such complaints shall be submitted, processed, and resolved in accordance with applicable provisions in 29 C.F.R. Part 30 or applicable provisions of the Vermont Department of Labor State Plan for Equal Employment Opportunity in Apprenticeship.

(e) Nothing in this section precludes an apprentice from pursuing any other remedy authorized under federal or State law.
21 V.S.A. § 1425 — VT Code / Title 21 / Chapter 17 / Section 1425
§ 1425. Total extended benefit amount
Status: in_force

(a) The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts:

(1) 50 percent of the total amount of regular benefits that were payable to him or her under this chapter in his or her applicable benefit year;

(2) 13 times his or her weekly benefit amount that was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year.

(b) Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received trade readjustment allowances within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.

(c) Effective with respect to weeks beginning in a high unemployment period, subsection (a) of this section shall be applied by substituting:

(1) “80 percent” for “50 percent” in subsection (a)(1) of this section; and

(2) “20” for “13” in subdivision (a)(2).

(d) For purposes of subsection (c) of this section, the term “high unemployment period” means any period during which an extended benefit period would be in effect if subdivision 1421(2)(B)(ii)(I) of this title were applied by substituting “8 percent” for “6.5 percent.”
21 V.S.A. § 1125 — VT Code / Title 21 / Chapter 13 / Section 1125
§ 1125. Career pathway alignment with apprenticeship programs
Status: in_force

(a) The Vermont Registered Apprenticeship Program shall coordinate with other State agencies and departments in the furtherance of registered apprenticeship as a training model that can advance equity, provide Vermonters with access to good paying careers, and make available untapped talent for Vermont employers.

(b)(1) The Vermont Registered Apprenticeship Program shall provide technical assistance and training to sponsors on an ongoing basis related to developing or modifying their minimum qualifications, equal opportunity requirements, promotion of diversity, apprentice selection procedures, and other requirements for advanced standing in their standards of apprenticeship.

(2) The Program shall provide technical assistance and training with assistance from Vocational Rehabilitation, including HireAbility, and the Division for Blind and Visual Impairments; the Agency of Education, including Adult Education and Literacy, Career Technical Education, and Special Education Transition Specialists; the Office of Veterans Affairs; and other workforce partners.

(3) The Program shall provide necessary technical assistance, training, and support to sponsors to promote the adoption of pre-apprenticeship programs for individuals with disabilities, refugees, individuals for whom English is not the primary spoken language, adults with limited literacy and numeracy skills or who do not have a high school diploma or equivalent, and other groups who are excluded from access to high-wage careers and participation in the registered apprenticeship system because they do not meet the minimum qualifications established in standards of apprenticeship.

(c) The Vermont Registered Apprenticeship Program shall develop policies and procedures for the registration of pre-apprenticeship and youth apprenticeship programs meeting the definition established in this chapter and that may be included in career pathway alignment efforts.

(d) The Vermont Registered Apprenticeship program, working with the Agency of Education, shall develop program guidelines for youth apprenticeships that start while an apprentice is still in high school and that can be included as part of the Agency's career pathways efforts in addition to the Vermont Registered Apprenticeships Program's efforts to align talent pipelines between education providers and registered apprenticeship program sponsors.
21 V.S.A. § 1356 — VT Code / Title 21 / Chapter 17 / Section 1356
§ 1356. Limitation of fees
Status: in_force

An individual shall not be charged fees of any kind by the Commissioner or his or her representatives, a referee, or the Board in any proceeding under this chapter. An individual claiming benefits in any such proceeding may be represented by counsel or other authorized agent; but no such counsel or agents shall together charge or receive for such services from any individual more than 10 percent of the maximum benefits at issue in such proceedings or court action, except as the Board or the court may allow in exceptional circumstances.
21 V.S.A. § 397 — VT Code / Title 21 / Chapter 5 / Section 397
§ 397. Retaliation prohibited
Status: in_force

(a) An employer shall not discharge or in any other manner retaliate against an employee because:

(1) the employee lodged a complaint of a violation of this subchapter;

(2) the employee has cooperated with the Commissioner in an investigation of a violation of this subchapter; or

(3) the employer believes that the employee may lodge a complaint or cooperate in an investigation of a violation of this subchapter.

(b) Any person aggrieved by a violation of this section may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief.
21 V.S.A. § 495m — VT Code / Title 21 / Chapter 5 / Section 495m
§ 495m. Salary history; employment applications
Status: in_force

(a) An employer shall not:

(1) inquire about or seek information regarding a prospective employee's current or past compensation from either the prospective employee or a current or former employer of the prospective employee;

(2) require that a prospective employee's current or past compensation satisfy minimum or maximum criteria; or

(3) determine whether to interview a prospective employee based on the prospective employee's current or past compensation.

(b) Notwithstanding subdivision (a)(1) of this section, if a prospective employee voluntarily discloses information about his or her current or past compensation, an employer may, after making an offer of employment with compensation to the prospective employee, seek to confirm or request that the prospective employee confirm that information.

(c) Nothing in this section shall be construed to prevent an employer from:

(1) inquiring about a prospective employee's salary expectations or requirements; or

(2) providing information about the wages, benefits, compensation, or salary offered in relation to a position.

(d) As used in this section, “compensation” includes wages, salary, bonuses, benefits, fringe benefits, and equity-based compensation.
21 V.S.A. § 1386 — VT Code / Title 21 / Chapter 17 / Section 1386
§ 1386. Operation dependent upon federal act
Status: repealed

(a) The General Assembly finds that the expediency and beneficial operation of this chapter are dependent upon the effective operation within this State of certain sections of the Federal Unemployment Tax Act:

(1) 26 U.S.C. § 3301 imposing an excise tax upon employers as defined in the Act;

(2) 26 U.S.C. § 3302 allowing credits against the federal tax for contributions paid by employers into an unemployment fund under the unemployment compensation law of a state;

(3) 26 U.S.C. § 3303 prescribing the conditions upon which certain credits under 26 U.S.C. § 3302 may be allowed;

(4) 26 U.S.C. §§ 3303 and 3304 requiring the certification of state law for certain credits under 26 U.S.C. § 3302 and prescribing the conditions for certification.

(b) If any sections identified in subsection (a) of this section is repealed, amended, suspended, or finally declared invalid in a manner that deprives a contributor under this chapter of credits against the tax imposed pursuant to 26 U.S.C. § 3301, then any contribution required by this chapter, to the extent that the repeal, amendment, suspension, or declared invalidity of the federal law deprived the contributor of the benefit of the credit, shall be suspended as provided in section 1387 of this title.
21 V.S.A. § 693 — VT Code / Title 21 / Chapter 9 / Section 693
§ 693. The insurance contract
Status: in_force

(a) Every policy of insurance and every guarantee contract covering the liability of an employer for compensation shall cover the entire liability of the employer to the employees covered by the policy or contract and also shall contain a provision setting forth the right of the employees to enforce, in their own names, the liability of the insurance carrier in whole or in part for the payment of such compensation at any time, either by filing a separate claim or by making the insurance carrier a party to the original claim.

(b) The payment in whole or in part of such compensation by either the employer or the insurance carrier shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.
21 V.S.A. § 697 — VT Code / Title 21 / Chapter 9 / Section 697
§ 697. Notice of intent not to renew policy
Status: in_force

An insurance carrier who does not intend to renew a workers' compensation insurance policy or guarantee contract covering the liability of an employer under the provisions of this chapter shall give notice of its intention to the Commissioner and the covered employer at least 45 days prior to the expiration date stated in the policy or contract. The notice shall be given to the employer by certified mail. An insurance carrier who fails to give notice shall continue the policy or contract in force beyond its expiration date for 45 days from the day the notice is received by the Commissioner and the employer. However, if, on or before the expiration of the existing insurance or guarantee contract the insurance carrier has, by delivery of a renewal contract or otherwise, offered to continue the insurance, or if the employer notifies the insurance carrier in writing that the employer does not wish the insurance continued beyond the expiration date, or if the employer complies with the provisions of section 687 of this title, then the policy will expire upon notice to the Commissioner.
21 V.S.A. § 1312 — VT Code / Title 21 / Chapter 17 / Section 1312
§ 1312. Publication of rules and reports
Status: in_force

The Commissioner shall make available for distribution to the public the text of this chapter, the Board's rules, the Commissioner's annual reports to the Governor, and any other material the Commissioner considers relevant and suitable. The Commissioner shall furnish the materials made available to the public pursuant to this section to any person upon request.
21 V.S.A. § 1347 — VT Code / Title 21 / Chapter 17 / Section 1347
§ 1347. Nondisclosure or misrepresentation; overpayments; waiver
Status: in_force

(a) Any person who fails, without good cause, to make reasonable efforts to secure suitable work when directed to do so by the employment office or the Commissioner and has received any amount as benefits under this chapter with respect to weeks for which the person is determined to be ineligible because of the failure, and any person who by nondisclosure or misrepresentation by the person, or by another, of a material fact (irrespective of whether the nondisclosure or misrepresentation was known or fraudulent) has received any amount as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled in the person's case or while the person was disqualified from receiving benefits, shall be liable for the amount. Notice of determination in such cases shall specify that the person is liable to repay to the Fund the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which the benefits were paid. The determination shall be made within three years after the date of the overpayment.

(b) Any person who receives remuneration described in subdivision 1344(a)(5) of this subchapter that is allocable in whole or in part to prior weeks during which the person received any amounts as benefits under this chapter shall be liable for all such amounts of benefits or those portions of the amounts equal to the portions of the remuneration properly allocable to the weeks in question. Notice of determination in such cases shall specify that the person is liable to repay to the Fund the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which the benefits were paid. The determination shall be made within three years after the date of the overpayment or within one year after the date of receipt of the remuneration, whichever period is longer.

(c) The person liable under this section shall repay the amount to the Commissioner for the Fund. In addition to the repayment, if the Commissioner finds that a person intentionally misrepresented or failed to disclose a material fact with respect to the person's claim for benefits, the person shall pay an additional penalty of 15 percent of the amount of the overpaid benefits. Any additional penalty amount collected shall be deposited in the Fund. The amount may be collectible by civil action in the Superior Court, in the name of the Commissioner.

[Subsection (d) effective until the earlier of July 1, 2026 or occurrence of contingency; see also subsection (d) effective on the earlier of July 1, 2026 or occurrence of contingency, set out below.]

(d) In any case in which under this section a person is liable to repay any amount to the Commissioner for the Fund, the Commissioner may withhold, in whole or in part, any future benefits payable to the person, and credit the withheld benefits against the amount due from the person until it is repaid in full, less any penalties assessed under subsection (c) of this section.

[Subsection (d) effective on the earlier of July 1, 2026 or occurrence of contingency; see also subsection (d) effective until the earlier of July 1, 2026 or occurrence of contingency, set out above.]

(d) In any case in which under this section a person is liable to repay any amount to the Commissioner for the Fund, the Commissioner may withhold future benefits payable to the person, in amounts equal to not more than 50 percent of the person's weekly benefit amount, and credit the withheld benefits against the amount due from the person until it is repaid in full, less any penalties assessed under subsection (c) of this section.

(e) In addition to any repayment required pursuant to subsections (a)–(d) of this section, when it is found by the Commissioner that a person intentionally misrepresented or failed to disclose a material fact with respect to the person's claim for benefits and in the event the person is not prosecuted under section 1368 of this subchapter and the penalty provided in section 1373 of this subchapter is not imposed, the person shall be disqualified and shall not be entitled to receive benefits to which the person would otherwise be entitled after the determination for such number of weeks not exceeding 26 as the Commissioner shall deem just. The notice of determination shall also specify the period of disqualification imposed pursuant to this subsection.

(f)(1) Notwithstanding any provision of subsection (a), (b), or (d) of this section to the contrary, the Commissioner may waive up to the full amount of any overpayment that is not a result of the person's intentional misrepresentation of or failure to disclose a material fact if:

(A) the overpayment occurs through no fault of the person; and

(B) recovery of the overpayment would be against equity and good conscience.

(2) A person may request a waiver of an overpayment at any time after receiving notice of a determination pursuant to subsection (a) or (b) of this section.

(3) Upon making a determination that an overpayment occurred pursuant to subsection (a) or (b) of this section, the Commissioner shall, to the extent possible and in consideration of the information available to the Department, determine whether waiver of the amount of overpaid benefits is appropriate.

(4) The Commissioner shall provide notice of the right to request a waiver of an overpayment with each determination that an overpayment has occurred. The notice shall include clear instructions regarding the circumstances under which a waiver may be granted and how a person may apply for a waiver.

(5) If the Commissioner denies an application for a waiver, the Commissioner shall provide written notice of:

(A) the denial with enough information to ensure that the person can understand the reason for the denial; and

(B) the person's right to appeal the determination pursuant to subsection (h) of this section.

(6)(A) A person whose request to waive an overpayment pursuant to this subsection (f) has been denied pursuant to subdivision (5) of this subsection (f) and whose rights to appeal the denial pursuant to subsection (h) have been exhausted shall be permitted to submit an additional request to waive the overpayment if the person can demonstrate a material change in the person's circumstances such that recovery of the overpayment would be against equity and good conscience.

(B) The Commissioner may dismiss a request to waive an overpayment that is submitted pursuant to this subdivision (6) if the Commissioner finds that there is no material change in the person's circumstances such that recovery of the overpayment would be against equity and good conscience. The Commissioner's determination pursuant to this subdivision (6) shall be final and shall not be subject to appeal.

(7) In the event that an overpayment is waived on appeal, the Commissioner shall, as soon as practicable, refund any amounts collected or withheld in relation to the overpayment pursuant to the provisions of this section.

(g) The provisions of subsection (f) of this section shall, to the extent permitted by federal law, apply to overpayments made in relation to any federal unemployment insurance benefits or similar federal benefits.

(h) Interested parties shall have the right to appeal from any determination under this section and the same procedure shall be followed as provided for in subsection 1348(a) and section 1349 of this title.

(i) The Commissioner shall not attempt to recover an overpayment or withhold any amounts of unemployment insurance benefits from a person:

(1) until after the Commissioner has made a final determination regarding whether an overpayment of benefits to the person occurred and the person's right to appeal the determination has been exhausted; or

(2) if the person filed an application for a waiver, until after the Commissioner has made an initial determination regarding the application.

(j)(1) The Commissioner shall provide any person who received an overpayment of benefits and is not currently receiving benefits pursuant to this chapter with the option of entering into a plan to repay the amount of the overpayment. The plan shall provide for reasonable weekly, biweekly, or monthly payments in an amount that permits the person to continue to afford the person's ordinary living expenses.

(2) The Commissioner shall permit a person to request a modification to a repayment plan created pursuant to this subsection if the person's ability to afford ordinary living expenses changes.
21 V.S.A. § 642 — VT Code / Title 21 / Chapter 9 / Section 642
§ 642. Temporary total disability benefits
Status: in_force

(a)(1) Where the injury causes total disability for work, during the disability, but not including the first three days with the day of the accident to be counted as the first day unless the employee received full wages for that day, the employer shall pay the injured employee a weekly compensation equal to two-thirds of the employee's average weekly wages.

(2) The weekly compensation shall be in an amount that is not more than the maximum nor less than the minimum weekly compensation.

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

[Subdivision (b)(1) effective until July 1, 2028; see also subdivision (b)(1) effective July 1, 2028 set out below.]

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

[Subdivision (b)(1) effective July 1, 2028; see also subdivision (b)(1) effective until July 1, 2028 set out above.]

(b)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $10.00 per week for each dependent child who is under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.

(2) The amount allowed for the dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.

(c) Notwithstanding any provision of subsection (a) or (b) of this section to the contrary:

(1) An employee's total weekly wage replacement benefits, including any payments for a dependent child, shall not exceed 90 percent of the employee's average weekly wage prior to applying any applicable cost of living adjustment.

(2) If the total disability continues after the third day for a period of seven consecutive calendar days or more, compensation shall be paid for the whole period of the total disability.
21 V.S.A. § 1371 — VT Code / Title 21 / Chapter 17 / Section 1371
§ 1371. Each statement separate offense
Status: in_force

Each such false statement or representation, and each day of such failure or refusal and each such deduction from wages as provided in this section and sections 1369 and 1370 of this title shall constitute a separate and distinct offense.
21 V.S.A. § 1319 — VT Code / Title 21 / Chapter 17 / Section 1319
§ 1319. Agreements for collection and payment of contributions
Status: in_force

Notwithstanding the provisions of subdivision 1301(6)(A) of this title, the Commissioner is authorized to enter into reciprocal agreements with the appropriate agencies of other states or the federal government adjusting the collecting and payment of contributions by employers for services of individuals not performed wholly within the jurisdiction of this State. Under the agreements, services may be agreed to be considered for all purposes, in the Commissioner's discretion, as wholly within or wholly outside of the jurisdiction of this State.
21 V.S.A. § 695 — VT Code / Title 21 / Chapter 9 / Section 695
§ 695. Insolvency of employer not to release insurance carrier
Status: in_force

Policies and contracts of insurance under this chapter shall contain a provision to the effect that the insolvency or bankruptcy of the employer and the employer's discharge in bankruptcy shall not relieve the insurance carrier from the payment of compensation for injuries or death sustained by an employee during the life of the policy or contract.
21 V.S.A. § 659 — VT Code / Title 21 / Chapter 9 / Section 659
§ 659. Giving of notice and making of claim
Status: in_force

A notice under the provisions of this chapter shall be given to the employer, or, if the employer is a partnership, then to any one of the partners. If the employer is a corporation, then the notice may be given to any agent of the corporation upon whom process may be served, or to any officer of the corporation, or any agent in charge of the business at the place where the injury occurred. Such notice shall be given by delivering it or by sending it by mail by registered letter addressed to the employer at his, her, or its last known residence or place of business. The foregoing provisions shall apply to the making of a claim.
21 V.S.A. § 1451 — VT Code / Title 21 / Chapter 17 / Section 1451
§ 1451. Definitions
Status: in_force

As used in this subchapter:

(1) “Affected unit” means a specific plan, department, shift, or other definable unit consisting of not less than five employees to which an approved short-time compensation plan applies.

(2) “Defined benefit plan” means a plan described in 26 U.S.C. § 414(j).

(3) “Defined contribution plan” means a plan described in 26 U.S.C. § 414(i).

(4) “Short-time compensation” or “STC” means the unemployment benefits payable to employees in an affected unit under an approved short-time compensation plan as distinguished from the unemployment benefits otherwise payable under the conventional unemployment compensation provisions of this chapter.

(5) “Short-time compensation plan” means a plan of an employer under which there is a reduction in the number of hours worked by employees of an affected unit rather than layoffs. The term “layoffs” for this purpose means the total separation of one or more workers in the affected unit.

(6) “Short-time compensation employer” means an employer who has one or more employees covered by an approved “short-time compensation plan.” “Short-time compensation employer” means an employer with an experience rating record or an employer who makes payments in lieu of contributions to the Unemployment Compensation Trust Fund and that meets all of the following criteria:

(A) Has five or more employees covered by an approved short-time compensation plan.

(B) Is not delinquent in the payment of contributions or reimbursement, or in the reporting of wages.

(C) Is not a negative balance employer. For the purposes of this section, a negative balance employer is an employer who has for three or more consecutive calendar years immediately prior to applying for the STC plan paid more in unemployment benefits to its employees than it has contributed to its unemployment insurance account. In the event that an employer has been a negative balance employer for three consecutive years, the employer shall be ineligible for participation unless the Commissioner grants a waiver based upon extenuating economic conditions or other good cause.

(7) “Usual weekly hours of work” means the normal hours of work for full-time or part-time employees in the affected unit when that unit is operating on its regular basis not to exceed 40 hours and not including hours of overtime work.

(8) “Unemployment compensation” means the unemployment benefits payable under this chapter other than short-time compensation and includes any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.

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

(10) “Intermittent employment” means employment that is not continuous but may consist of intervals of weekly work and intervals of no weekly work.

(11) “Seasonal employment” means employment with an employer who experiences at least a 20-percent difference between its highest level of employment during a particular season and its lowest level of employment during the off-season in each of the previous three years as reported to the Department, or employment with an employer on a temporary basis during a particular season.
21 V.S.A. § 1624 — VT Code / Title 21 / Chapter 19 / Section 1624
§ 1624. Contract ratification; annual vote
Status: in_force

Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement.
21 V.S.A. § 499 — VT Code / Title 21 / Chapter 5 / Section 499
§ 499. Jurors and witnesses
Status: in_force

(a)(1) An employer shall not discharge an employee because of the employee's service as a juror, or penalize the employee or deprive the employee of any right, privilege, or benefit in a manner that discriminates between the employee and other employees not serving as jurors.

(2) All employees shall be considered in the service of their employer during all times while serving as jurors in accordance with this section for purposes of determining seniority, fringe benefits, credit toward vacations, and other rights, privileges, and benefits of employment.

(b)(1) An employer shall not discharge an employee by reason of the employee's absence from work while in attendance as a witness pursuant to a summons duly issued and served in any proceeding, civil or criminal, in any court of competent jurisdiction within or outside the State, or in any other proceeding before a board, commission, attorney, or other person or tribunal in the State authorized by law to hear testimony under oath.

(2) An employer shall not penalize an employee or deprive the employee of any right, privilege, or benefit in a manner that discriminates between the employee and other employees not appearing as witnesses.

(3) All employees shall be considered in the service of their employer while appearing as witnesses in accordance with this section for purposes of determining seniority, fringe benefits, credit toward vacations, and other rights, privileges, and benefits of employment.

(c) A person who violates a provision of this section shall be fined not more than $200.00.
21 V.S.A. § 495g — VT Code / Title 21 / Chapter 5 / Section 495g
§ 495g. Provision applicable to college professors
Status: in_force

Nothing in this subchapter shall be construed to prohibit any institution of higher education as defined by section 1201(a) of the federal Higher Education Act of 1965 from retiring any employee who is serving under a contract of unlimited tenure, who attains 70 years of age. Any employee whose tenure contract is terminated may, in the discretion of the institution, be allowed to continue in the employ of the institution on a nontenured basis.
21 V.S.A. § 1317 — VT Code / Title 21 / Chapter 17 / Section 1317
§ 1317. Railroad Retirement Board
Status: in_force

The Commissioner may make available to the Railroad Retirement Board such records relating to the administration of this chapter as that Board deems necessary for its purposes in administering the federal Railroad Unemployment Insurance Act and may furnish copies of such records to the Board at the latter's expense.
21 V.S.A. § 640b — VT Code / Title 21 / Chapter 9 / Section 640b
§ 640b. Request for preauthorization to determine if proposed benefits or services are necessary
Status: in_force

(a) As used in this section:

(1) “Benefits” means medical treatment and surgical, medical, and nursing services and supplies, including prescription drugs and durable medical equipment.

(2) “Services” means medical case management services.

(b) Within 14 days after receiving a written request for preauthorization for proposed benefits and medical evidence supporting the requested benefits, a workers' compensation insurer shall do one of the following, in writing:

(1) Authorize the benefits and notify the health care provider, the injured worker, and the Department.

(2) Deny the benefits because the entire claim is disputed and the Commissioner has not issued an interim order to pay benefits. The insurer shall notify the health care provider, the injured worker, and the Department of the decision to deny benefits.

(3) Deny the benefits if, based on a preponderance of credible medical evidence specifically addressing the proposed benefits, the benefits are unreasonable, unnecessary, or unrelated to the work injury. The insurer shall notify the health care provider, the injured worker, and the Department of the decision to deny benefits.

(4) Notify the health care provider, the injured worker, and the Department that the insurer has scheduled an examination of the employee pursuant to section 655 of this title or ordered a medical record review pursuant to section 655a of this title. Based on the examination or review, the insurer shall authorize or deny the benefits and notify the Department and the injured worker of the decision within 45 days after a request for preauthorization. The Commissioner may, in the Commissioner's sole discretion, grant a 10-day extension to the insurer to authorize or deny benefits, and such an extension shall not be subject to appeal.

(c) If the insurer fails to authorize or deny the benefits pursuant to subsection (b) of this section within 14 days after receiving a request, the claimant or health care provider may request that the Department issue an order authorizing benefits. After receipt of the request, the Department shall issue an interim order within five days after notice to the insurer, and five days in which to respond, absent evidence that the entire claim is disputed. Upon request of a party, the Commissioner shall notify the parties that the benefits have been authorized by operation of law.

(d) If the insurer denies the preauthorization of the benefits pursuant to subdivision (b)(2), (3), or (4) of this section, the Commissioner may, on the Commissioner's own initiative or upon a request by the claimant, issue an order authorizing the benefits if the Commissioner finds that the evidence shows that the benefits are reasonable, necessary, and related to the work injury.

(e) Within 14 days after receiving a request for preauthorization of proposed medical case management services, the insurer shall do one of the following, in writing:

(1) Authorize the services and notify the injured employee, the Department, and the treating provider recommending the services, if applicable.

(2) Deny the services because the entire claim is disputed, and the Commissioner has not issued an interim order to pay benefits. The insurer shall notify the injured employee, the Department, and the treating provider recommending the services, if applicable, of the decision to deny benefits.

(3) Deny the request if there is not reasonable support for the requested services. The insurer shall notify the injured employee, the Department, and the treating provider recommending the services, if applicable, of the decision to deny benefits.

(4) Notify the injured employee, the Department, and the treating provider recommending the services, if applicable, that the insurer has scheduled an examination of the injured employee pursuant to section 655 of this title or ordered a medical record review pursuant to section 655a of this title. Based on the examination or review, the insurer shall notify the injured employee and the Department of the decision within 45 days after a request for preauthorization. The Commissioner may, in the Commissioner's sole discretion, grant a 10-day extension to the insurer to authorize or deny the services, and such an extension shall not be subject to appeal.

(f) If the insurer fails to authorize or deny the services pursuant to subsection (e) of this section within 14 days after receiving a request, the injured employee or the injured employee's treating provider, if applicable, may request that the Department issue an order authorizing services. After receipt of the request, the Department shall issue an interim order within five days after notice to the insurer, and five days in which to respond, absent evidence that the entire claim is disputed. Upon request of a party, the Commissioner shall notify the parties that the services have been authorized by operation of law.

(g) If the insurer denies the preauthorization of the services pursuant to subdivision (e)(2), (3), or (4) of this section, the Commissioner may, on the Commissioner's own initiative or upon a request by the injured worker, issue an order authorizing the services if the Commissioner finds that the evidence shows that the services are reasonably supported.
21 V.S.A. § 675 — VT Code / Title 21 / Chapter 9 / Section 675
§ 675. Enforcement of award
Status: in_force

(a) If an award is made under the provisions of this chapter, including interim orders, issued pursuant to sections 643a and 662 of this title, or an agreement is approved by the Commissioner, and the employer or insurance carrier fails to comply with the award or agreement, the employee, subject to the stay provisions of subsection (b) of this section, may proceed to collect all or any part of past due installments in any court of law having jurisdiction of the amount involved. If the employee prevails, interest, reasonable attorney's fees, and costs shall be allowed.

(b) Any award or order of the Commissioner shall be of full effect from issuance unless stayed by the Commissioner, any appeal notwithstanding. Any request for a stay shall be filed with the Commissioner at the time of filing a notice of appeal. The Commissioner, after allowing the prevailing party 10 days within which to be heard in writing on the request, shall respond within 15 days to the request for stay. The response of the Commissioner shall detail his or her reasons for granting, denying, or modifying the request and shall be a part of the record on appeal. No stay shall exist unless granted pursuant to this subsection.

(c) An employer who fails to make payment due to an employee under this chapter pursuant to an executed agreement under sections 642, 644, 646, or 648 of this title or pursuant to an interim order of the Commissioner within 15 days after the payment is due shall also pay the employee interest on the unpaid compensation at the statutory rate.
21 V.S.A. § 492 — VT Code / Title 21 / Chapter 5 / Section 492
§ 492. Rights and benefits
Status: in_force

(a) Any absence for military training or State active duty shall not affect the employee's right to receive normal vacation, sick leave, bonus, advancement, and other advantages of employment normally to be anticipated in the employee's particular position.

(b) Any person who is absent from employment necessitated by service in the National Guard as permitted under section 491 of this title shall be entitled to the reemployment rights and benefits provided in 38 U.S.C. §§ 4312-4318.

(c)(1) If any member of the Vermont National Guard with civilian employer-sponsored insurance coverage is ordered to State active duty by the Governor for up to 30 days, or if any member of the National Guard of another state who is a Vermont employee with civilian employer-sponsored insurance is ordered to state active duty by the Governor of that state for up to 30 days, the service member may, at the member's option, continue his or her civilian health insurance under the same terms and conditions as were in effect for the month preceding the member's call to state active duty, including a continuation of the same levels of employer and employee contributions toward premiums and cost-sharing.

(2) If a member of the Vermont National Guard is called to State active duty for more than 30 days, or if a member of the National Guard of another state who is a Vermont employee is called to state active duty for more than 30 days, the member may continue his or her civilian health insurance. For a member whose employer chooses not to continue regular contributions toward premiums and cost-sharing during the period of the member's state active duty in excess of 30 days, the State of Vermont shall be responsible for paying the employer's share of the premium and cost-sharing.

(3) The Office of the Adjutant General shall administer this subsection and may adopt policies, procedures, and guidelines to carry out the purposes of this subsection, including developing employee notice requirements, enforcement provisions, and a process for the State to remit the employer's share of premiums and cost-sharing to the appropriate entities pursuant to subdivision (2) of this subsection.
21 V.S.A. § 1350 — VT Code / Title 21 / Chapter 17 / Section 1350
§ 1350. Interested party disqualified on behalf of Commissioner
Status: in_force

A person shall not participate on behalf of the Commissioner in any case in which he or she is an interested party.
21 V.S.A. § 1640 — VT Code / Title 21 / Chapter 20 / Section 1640
§ 1640. Rights unaltered
Status: in_force

(a) A collective bargaining agreement shall not infringe upon any rights of service recipients or their surrogates to hire, direct, supervise, or discontinue the employment of any particular independent direct support provider.

(b) Nothing in this section shall alter the rights and obligations of private sector employers and employees under the National Labor Relations Act, 29 U.S.C. § 151 et seq.

(c) Independent direct support providers shall not be considered State employees for purposes other than collective bargaining, including for purposes of joint or vicarious liability in tort or the limitation on liability in subsection (e) of this section. Independent direct support providers shall not be eligible for participation in the State Employee Retirement System or health care plan solely by virtue of bargaining under this chapter. Nothing in this chapter shall require the State to alter its current practice with respect to independent direct support providers of making payments regarding Social Security and Medicare taxes, federal or State unemployment contributions, or workers' compensation insurance.

(d) Nothing in this chapter shall infringe upon the right of the Judiciary and the General Assembly to make programmatic modifications to the delivery of State services through subsidy or other programs.

(e) The State and its employees shall not be vicariously liable for any act or omission by an independent direct support provider or any claim arising out of the employment relationship between a service recipient and an independent direct service provider, nor shall the State be liable as a joint employer.
21 V.S.A. § 348 — VT Code / Title 21 / Chapter 5 / Section 348
§ 348. Retaliation prohibited
Status: in_force

(a) An employer shall not discharge or in any other manner retaliate against an employee because:

(1) the employee lodged a complaint of a violation of this subchapter;

(2) the employee has cooperated with the Commissioner in an investigation of a violation of this subchapter; or

(3) the employer believes that the employee may lodge a complaint or cooperate in an investigation of a violation of this subchapter.

(b) Any person aggrieved by a violation of this section may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief.
21 V.S.A. § 435 — VT Code / Title 21 / Chapter 5 / Section 435
§ 435. Examination and report
Status: in_force

When so ordered by the Secretary of Education, the superintendent of schools for the school district or supervisory union where the child under 16 years of age resides shall examine the child for the purpose of determining the child's eligibility for employment in accordance with the provisions of section 432 of this subchapter and shall, upon the completion of the examination, make a written report to the Secretary of Education who shall transmit a copy of the report to the Commissioner.
21 V.S.A. § 651 — VT Code / Title 21 / Chapter 9 / Section 651
§ 651. Voluntary payments
Status: in_force

Payments made by an employer or his or her insurer to an injured worker during the period of his or her disability, or to his or her dependents, which, by the provisions of this chapter, were not due and payable when made, may, subject to the approval of the Commissioner, be deducted from the amount to be paid as compensation.
21 V.S.A. § 1368 — VT Code / Title 21 / Chapter 17 / Section 1368
§ 1368. False statements to increase payments
Status: in_force

A person shall not intentionally make a false statement or representation to obtain or increase any benefit or other payment under this chapter, either for the employee or any other person.
21 V.S.A. § 1031 — VT Code / Title 21 / Chapter 12 / Section 1031
§ 1031. Definitions
Status: in_force

As used in this chapter:

(1) “Applicant” means a person applying for a license or for a renewal of a license under this chapter.

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

(3) “Client company” means a person who enters into an agreement with an employee leasing company to lease any or all of its regular employees.

(4) “Employee leasing agreement” means an agreement, executed between an employee leasing company and a client company, pursuant to which an employee leasing company provides one or more individuals to perform services for a client company on an ongoing basis.

(5) “Employee leasing company” or “leasing company” means a person engaged in the business of providing individuals to perform ongoing services for an indefinite time period for client companies pursuant to one or more employee leasing agreements executed between the leasing company and the client company. “Employee leasing company” does not include labor organizations.

(6) “Financial responsibility” means the current and expected future condition of financial solvency sufficient to support a reasonable expectation that an employee leasing company can successfully conduct its business without jeopardizing the interests of the employees leased to the client company or the public.

(7) “Licensee” means an employee leasing company licensed under this chapter.

(8) “Temporary help company” means a person who hires its own employees and provides them to another business entity as temporary full- or part-time personnel to provide services for a finite period of time in special or unusual situations such as employee absences, temporary skill shortages, seasonal workloads, and special work assignments and projects.
21 V.S.A. § 1206 — VT Code / Title 21 / Chapter 15 / Section 1206
§ 1206. Termination
Status: in_force

This chapter may be terminated by the Governor at any time, upon notice to the U.S. Department of Labor, when in his or her judgment the need for the same no longer exists. However, such notice of termination shall not be effective until the close of the U.S. fiscal year in which the notice is given.
21 V.S.A. § 494b — VT Code / Title 21 / Chapter 5 / Section 494b
§ 494b. Employers permitted to require polygraph examinations
Status: in_force

The following employers may require that an applicant for employment take or submit to a polygraph examination, or administer or cause to be administered a polygraph examination to an applicant for employment:

(1) the Department of Public Safety; the Department of Motor Vehicles, for applicants for law enforcement positions; the Department of Fish and Wildlife, for applicants for law enforcement positions; the Department of Liquor and Lottery and the Board of Liquor and Lottery, for applicants for investigator positions; municipal police departments and county sheriffs, as to sworn police officers and deputy sheriffs;

(2) any employer whose primary business is the wholesale or retail sale of precious metals or gems and jewelry or items made from precious metals or gems;

(3) any employer whose business includes the manufacture or the wholesale or retail sale of regulated drugs as defined in 18 V.S.A. § 4201; provided, however, that only employees who come in contact with such regulated drugs may be required to take a polygraph examination;

(4) any employer authorized or required under federal law or regulations to administer polygraph examinations.
21 V.S.A. § 1505 — VT Code / Title 21 / Chapter 19 / Section 1505
§ 1505. Application
Status: in_force

This chapter shall not apply to any employer or any labor dispute that affects commerce within the meaning of the National Labor Relations Act, 29 U.S.C. § 151–169, unless the National Labor Relations Board shall have ceded jurisdiction to the Board pursuant to 29 U.S.C. § 160 or shall have declined to assert jurisdiction pursuant to 29 U.S.C. § 164(c).
21 V.S.A. § 1123 — VT Code / Title 21 / Chapter 13 / Section 1123
§ 1123. Pre-apprenticeship programs
Status: in_force

(a) A pre-apprenticeship program is one that is designed to prepare individuals to enter and succeed in an apprenticeship program by providing instruction and skill development opportunities to attain competency needed to enter a related apprenticeship program.

(b) A pre-apprenticeship program may be registered by the Department after successfully demonstrating:

(1) the program is carried out by a sponsor that has a written agreement with at least one sponsor of an apprenticeship program;

(2) the program engages an active, advisory partnership with an industry leader or sector partnership to inform the training and education services necessary for a pre-apprenticeship program;

(3) there is sufficient demand in an apprenticeship program at the completion of a pre-apprenticeship program to support a transition from the pre-apprenticeship program to an apprenticeship program;

(4) the program follows a written plan for related instruction and work-based learning or training that was developed in consultation with the sponsor or sponsors of the apprenticeship program;

(5) the program includes mentoring, career exposure, career planning, and career awareness activities;

(6) the program includes paid work-based learning or training, to the extent practicable, or unpaid work-based learning or training in which an employer or industry partnership and a related technical instruction provider collaborate to design the learning or training that will introduce participants to the skills, competencies, and materials used in one or more apprenticeable occupations;

(7) to the extent appropriate and practicable, the program meets related technical instruction requirements that include enabling an individual to attain a secondary school diploma or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship; and

(8) the program includes, when relevant, any agreement for advanced standing for the pre-apprentice upon entering a registered apprenticeship program.
21 V.S.A. § 1460 — VT Code / Title 21 / Chapter 17 / Section 1460
§ 1460. Extended benefits program eligibility
Status: in_force

An individual who has received all of the unemployment compensation or combined unemployment compensation and STC benefits available in a benefit year shall be considered an “exhaustee” as defined under the provisions of subdivision 1421(8) of this title.
21 V.S.A. § 452 — VT Code / Title 21 / Chapter 5 / Section 452
§ 452. Suspension of subchapter
Status: in_force

The Commissioner, with the approval of the Governor, may suspend part or all of the provisions of this subchapter for a period not to exceed two months in any one year in the case of a manufacturing establishment or business, the materials and products of which are perishable and require immediate labor to prevent decay or damage.
21 V.S.A. § 223 — VT Code / Title 21 / Chapter 3 / Section 223
§ 223. Duties
Status: in_force

(a) Each employer shall furnish to each of the employer's employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or significant physical harm to the employees; and the employer shall comply with safety and health standards adopted under the VOSHA Code.

(b) Each employee shall comply with the safety and health standards and all rules, standards, and orders of the VOSHA Code that are applicable to the employee's own actions or conduct.
21 V.S.A. § 309 — VT Code / Title 21 / Chapter 5 / Section 309
§ 309. Flexible working arrangements
Status: in_force

(a)(1) An employee may request a flexible working arrangement that meets the needs of the employer and employee. The employer shall consider a request using the procedures in subsections (b) and (c) of this section at least twice per calendar year.

(2) As used in this section, “flexible working arrangement” means intermediate or long-term changes in the employee's regular working arrangements, including changes in the number of days or hours worked, changes in the time the employee arrives at or departs from work, work from home, or job-sharing. “Flexible working arrangement” does not include vacation, routine scheduling of shifts, or another form of employee leave.

(b)(1) The employer shall discuss the request for a flexible working arrangement with the employee in good faith. The employer and employee may propose alternative arrangements during the discussion.

(2) The employer shall consider the employee's request for a flexible working arrangement and whether the request could be granted in a manner that is not inconsistent with its business operations or its legal or contractual obligations.

(3) As used in this section, “inconsistent with business operations” includes:

(A) the burden on an employer of additional costs;

(B) a detrimental effect on aggregate employee morale unrelated to discrimination or other unlawful employment practices;

(C) a detrimental effect on the ability of an employer to meet consumer demand;

(D) an inability to reorganize work among existing staff;

(E) an inability to recruit additional staff;

(F) a detrimental impact on business quality or business performance;

(G) an insufficiency of work during the periods the employee proposes to work; and

(H) planned structural changes to the business.

(c) The employer shall notify the employee of the decision regarding the request. If the request was submitted in writing, the employer shall state any complete or partial denial of the request in writing.

(d) This section shall not diminish any rights under this chapter or pursuant to a collective bargaining agreement. An employer may institute a flexible working arrangement policy that is more generous than is provided by this section.

(e) The Attorney General, a State's Attorney, or the Human Rights Commission in the case of State employees may enforce subsections (b) and (c) of this section by restraining prohibited acts, conducting civil investigations, and obtaining assurances of discontinuance in accordance with the procedures established in subsection 495b(a) of this title. An employer subject to a complaint shall have the rights and remedies specified in subsection 495b(a) of this title. An investigation against an employer shall not be a prerequisite for bringing an action. The Civil Division of the Superior Court may award injunctive relief and court costs in any action. There shall be no private right of action to enforce this section.

(f) An employer shall not retaliate against an employee exercising his or her rights under this section. The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section.

(g) Nothing in this section shall affect any legal rights an employer or employee may have under applicable law to create, terminate, or modify a flexible working arrangement.
21 V.S.A. § 494c — VT Code / Title 21 / Chapter 5 / Section 494c
§ 494c. Duties of examiner
Status: in_force

(a) An examiner administering a polygraph examination under this subchapter shall:

(1) Prior to the examination, provide the examinee with a copy of this subchapter and a copy of all questions to be asked during the examination, which may be retained by the examinee. This does not preclude follow-up questions as long as the examiner gives the examinee a copy of the questions.

(2) Inform the examinee as follows:

(A) the examinee has the right to accept or refuse the examination;

(B) the examinee has the right to halt an examination in progress at any time;

(C) the examinee is not required to answer any questions or give any information;

(D) any information the examinee volunteers could be used against the examinee, or made available to the employer, unless otherwise specified and agreed to in writing by the examinee; and

(E) provide the examinee with a copy of the examination results and all reports or analyses done by the examiner that are shared with the employer.

(b) During a polygraph examination, an examinee shall not be asked:

(1) any questions regarding the examinee's political, religious, or labor union affiliations;

(2) questions regarding the examinee's sexual practices, social habits, or his or her marital relationship, unless the questions clearly relate to job performance;

(3) questions that are unrelated to job performance.
21 V.S.A. § 501 — VT Code / Title 21 / Chapter 5 / Section 501
§ 501. Definitions
Status: in_force

As used in this subchapter:

(1) “Person who is blind or visually impaired” means a person whose visual acuity with correction is no better than 20/60, or whose field of vision subtends an angle of no greater than 20 degrees.

(2) “Division” means the Division for the Blind and Visually Impaired.

(3) “State property” means any building or land owned, leased, or controlled by the Department of Buildings and General Services.

(4) “Vending facility” means a cafeteria, snack bar, cart service, concession stand, or other facility for the sale of newspapers, periodicals, confection, tobacco products, foods, beverages, and other articles or services that is operated by a person licensed under this subchapter.

(5) “Vending machine” means any coin or currency operated machine that sells food, beverages, sundries, or other retail merchandise or service, but shall not include vending machines used in connection with the operation of rest room facilities.
21 V.S.A. § 495e — VT Code / Title 21 / Chapter 5 / Section 495e
§ 495e. Restitution
Status: in_force

The Superior Courts may order restitution of wages or other benefits on behalf of a class of employees similarly situated, and may order reinstatement and other appropriate relief on behalf of a class of employees.
21 V.S.A. § 482 — VT Code / Title 21 / Chapter 5 / Section 482
§ 482. Earned sick time
Status: in_force

(a) An employee shall accrue not less than one hour of earned sick time for every 52 hours worked.

(b) An employer may require a waiting period for newly hired employees of up to one year. During this waiting period, an employee shall accrue earned sick time pursuant to this subchapter but shall not be permitted to use the earned sick time until after completing the waiting period.

(c) An employer may:

(1) limit the amount of earned sick time accrued pursuant to this section to a maximum of 40 hours in a 12-month period; or

(2) limit to 40 hours the number of hours in each workweek for which full-time employees not subject to the overtime provisions of the Federal Fair Labor Standards Act pursuant to 29 U.S.C. § 213(a)(1) may accrue earned sick time pursuant to this section.

(d)(1) Earned sick time shall be compensated at a rate that is equal to the greater of either:

(A) the normal hourly wage rate of the employee; or

(B) the minimum wage rate for an employee pursuant to section 384 of this title.

(2) Group insurance benefits shall continue during an employee's use of earned sick time at the same level and conditions that coverage would be provided as for normal work hours. The employer may require that the employee contribute to the cost of the benefits during the use of earned sick time at the existing rate of employee contribution.

(e) Except as otherwise provided by subsection 484(a) of this subchapter, an employer shall calculate the amount of earned sick time that an employee has accrued pursuant to this section:

(1) as it accrues during each pay period; or

(2) on a quarterly basis, provided that an employee may use earned sick time as it accrues during each quarter.
21 V.S.A. § 383 — VT Code / Title 21 / Chapter 5 / Section 383
§ 383. Definitions
Status: in_force

As used in this subchapter:

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

(2) “Employee” means any individual employed or permitted to work by an employer except:

(A) any individual employed in agriculture;

(B) any individual employed in domestic service in or about a private home;

(C) any individual employed by the United States;

(D) any individual employed in the activities of a public supported nonprofit organization, except laundry employees, nurses' aides, or practical nurses;

(E) any individual employed in a bona fide executive, administrative, or professional capacity;

(F) any individual making home deliveries of newspapers or advertising;

(G) taxi-cab drivers;

(H) outside salespersons; and

(I) students working during all or any part of the school year or regular vacation periods.

(3) “Employer” means any person that employs two or more employees.

(4) “Occupation” means an industry, trade, or business or branch thereof or class of work in which workers are gainfully employed.
21 V.S.A. § 643c — VT Code / Title 21 / Chapter 9 / Section 643c
§ 643c. Commissioner to provide notice; monitoring
Status: in_force

The Commissioner shall notify the employer and worker of the provisions of section 643b of this title as soon as a claim is filed if, in the Commissioner's opinion, it appears that they will be affected by the requirement for reinstatement. The Commissioner shall also request that such workers and employers supply, on a voluntary basis, information concerning requests for reinstatement, reinstatement of disabled workers, and the extent to which recourse is being sought under that section.
21 V.S.A. § 1372 — VT Code / Title 21 / Chapter 17 / Section 1372
§ 1372. Violation by corporate agent
Status: in_force

If the employer in question is a corporation, any official or agent of the corporation responsible for a falsehood, failure, or refusal mentioned in sections 1369–1371 of this subchapter shall be subject to the penalties provided in section 1373 of this subchapter.
21 V.S.A. § 674 — VT Code / Title 21 / Chapter 9 / Section 674
§ 674. Service of petition
Status: in_force

A petition pursuant to section 673 of this chapter shall not be sustained unless served on the adverse party within 21 days after the date of the petition and within two years after the last date upon which the appeal might have been entered in court.
21 V.S.A. § 1324 — VT Code / Title 21 / Chapter 17 / Section 1324
§ 1324. Rate of contribution
Status: in_force

(a) The standard rate of contributions shall be five and four-tenths percent.

(b) Each employer that has not been subject to this chapter for a sufficient period of time to have the rate computed under section 1326 of this subchapter shall pay contributions at the rate of one percent, except that foreign corporations classified in the three-digit North American Industry Classification System Code as 236, 237, or 238 shall pay contributions at a rate equal to the average rate as of the most recent computation date paid by all employers so classified.
21 V.S.A. § 620 — VT Code / Title 21 / Chapter 9 / Section 620
§ 620. Worker hired outside State
Status: in_force

If a worker who has been hired outside this State is injured while engaged in his or her employer's business and is entitled to compensation for such injury under the law of the state where he or she was hired, he or she shall be entitled to enforce against his or her employer his or her rights in this State, if his or her rights are such that they can be reasonably determined and dealt with by the Commissioner and the court in this State.
21 V.S.A. § 150 — VT Code / Title 21 / Chapter 3 / Section 150
§ 150. Registration of conveyances
Status: in_force

(a) The owner or lessee of a conveyance shall register the conveyance with the Department, pursuant to rules adopted by the Board. The registration shall include the type, rated load and speed, manufacturer, location, purpose, date of installation, and any additional information the Board may require.

(b) The Commissioner may, after notice and hearing, assess an administrative penalty of no more than $1,000.00 against a building owner or lessee who fails to register a conveyance as required by this subchapter.
21 V.S.A. § 1034 — VT Code / Title 21 / Chapter 12 / Section 1034
§ 1034. Controlling person
Status: in_force

(a) Each controlling person of an applicant or licensee shall:

(1) be at least 18 years of age; and

(2) have a personal history of honesty, trustworthiness, and fairness and a reputation for fair dealings and respect for the rights of others and for the law.

(b) For the purposes of this chapter, “controlling person” means an individual who has the authority to direct the management or policies of an employee leasing company or who is employed, appointed, or authorized by an employee leasing company to enter into contractual relationships with client companies on the employee leasing company's behalf.
21 V.S.A. § 664 — VT Code / Title 21 / Chapter 9 / Section 664
§ 664. Trial and award
Status: in_force

Within 60 days after a hearing is held, the Commissioner shall make an award supported by findings of fact and the applicable law and shall send a copy of the award to the parties. If the employee prevails at the hearing, the Commissioner's findings shall include the date on which the employer's obligation to pay compensation under this chapter began. The award shall include interest at the statutory rate computed from that date on the total amount of unpaid compensation.
21 V.S.A. § 519 — VT Code / Title 21 / Chapter 5 / Section 519
§ 519. Enforcement
Status: in_force

(a) Private right of action. An applicant or employee aggrieved by a violation of this subchapter may bring a civil action for injunctive relief, damages, court costs, and attorney's fees.

(b) Burden of proof. In a private right of action alleging that an employer has violated this subchapter, the employer has the burden of proving that the requirements of sections 513, 514, and 516 of this title have been satisfied. In any civil action alleging that a laboratory has violated the reporting or confidentiality sections of this subchapter, the laboratory shall have the burden of proving that the requirements of sections 514 and 516 of this title have been satisfied.

(c) State action to obtain civil penalty. A person who violates any provision of this subchapter shall be subject to a civil penalty of not less than $500.00 nor more than $2,000.00.

(d) State action to obtain criminal penalty. A person who knowingly violates any provision of this subchapter shall be fined not less than $500.00 nor more than $1,000.00 or shall be imprisoned not more than six months, or both.
21 V.S.A. § 201 — VT Code / Title 21 / Chapter 3 / Section 201
§ 201. Occupational policy
Status: in_force

(a) It is the policy of the State of Vermont that in their employment all persons shall be provided by their employers with safe and healthful working conditions at their workplace, and that insofar as practicable an employee shall not experience diminished health, functional capacity, or life expectancy as a result of the employee's work experience.

(b) It is also the policy of the State that practices and procedures prescribed by an employer for performance of work or duties by the employer's employees shall not be, insofar as practicable, dangerous to the life, body, or well-being of the employees.

(c) It is the intent of the General Assembly that:

(1) The provisions of the Occupational Safety and Health Act of 1970, as enacted by the U.S. Congress, which may be administered by a state agency, shall be administered and enforced in this State, by the State.

(2) To effectuate the policy of the State, standards promulgated under the Occupational Safety and Health Act of 1970, as amended, when applicable to employment in the State of Vermont, shall be prescribed in rules adopted under this subchapter.

(3) The State of Vermont shall cooperate with the appropriate federal agencies in carrying out the purposes of the Occupational Safety and Health Act of 1970 and the VOSHA Code of the State.
21 V.S.A. § 663 — VT Code / Title 21 / Chapter 9 / Section 663
§ 663. Hearings, where held; decision
Status: in_force

(a) If the compensation is not fixed by agreement, either party may apply to the Commissioner for hearing and award in the premises who shall set a time and place for hearing and give at least six days' notice thereof to the parties. The hearing shall be held at a place designated by the Commissioner. No proposed findings of fact shall be required from the parties unless ordered by the Commissioner. If ordered, the proposed findings of fact shall be submitted within 30 days after conclusion of the hearing.

(b) The decision may include abbreviated findings of fact or conclusions of law, or both, when appropriate.
21 V.S.A. § 1255 — VT Code / Title 21 / Chapter 16A / Section 1255
§ 1255. Procedures
Status: in_force

(a) The Commissioner or designee shall review all claims for payment and shall promptly provide written notification to the individual of any claim that is denied and the reasons for the denial.

(b) Within 30 days after receipt of a denial, the individual may appeal the determination to the Commissioner by requesting a review of the decision. On appeal to the Commissioner, the individual may provide supplementary evidence to the record. The Commissioner shall review the record within seven working days after the notice of the appeal is filed and promptly notify the individual in writing of the Commissioner's decision. The decision of the Commissioner shall become final unless an appeal to the Supreme Court is taken within 30 days after the date of the Commissioner's decision.
21 V.S.A. § 1585 — VT Code / Title 21 / Chapter 19 / Section 1585
§ 1585. Election conduct
Status: in_force

Any interested person may file with the Board a charge that employees eligible to vote in an election under this chapter have been coerced or restrained in the exercise of this right. The Board shall investigate the charge. If, upon the basis of its findings, the Board concludes that employees eligible to vote in the election were so coerced or restrained, the Board may set aside such election and order another election and may begin proceedings under section 1622 of this title. No election shall be set aside unless the Board finds such coercion or restraint.
21 V.S.A. § 1327 — VT Code / Title 21 / Chapter 17 / Section 1327
§ 1327. Rate; reduction; conditions
Status: in_force

No employer's contribution rate shall be reduced from five and four-tenths percent for any rate year, except as provided in section 1324 of this subchapter, unless and until the employer's experience-rating record has been chargeable with benefits throughout the three consecutive calendar years immediately preceding the rate year with respect to which the rate shall be reduced and contributions were payable by the employer with respect to the three calendar years. An employer who has not been subject to the law for a period of time sufficient to meet this requirement may qualify for a reduced rate if the employer's record has been chargeable with benefits throughout a lesser number of consecutive calendar years but in no event less than one calendar year immediately preceding the rate year with respect to which the rate shall be reduced and contributions were payable by the employer with respect to the period.
21 V.S.A. § 1721 — VT Code / Title 21 / Chapter 22 / Section 1721
§ 1721. Purpose
Status: in_force

This chapter shall be known as the Vermont Municipal Employee Relations Act. It is the purpose and policy of this chapter to prescribe the legitimate rights of both municipal employees and municipal 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 to self-organization; to allow individuals to form, join, or assist employee organizations and to bargain collectively; to define and proscribe practices on the part of employee organizations and municipal employers which are harmful to the general welfare; and to protect the rights of the public in connection with labor disputes.
21 V.S.A. § 606 — VT Code / Title 21 / Chapter 9 / Section 606
§ 606. Determination of questions
Status: in_force

Questions arising under the provisions of this chapter, if not settled by agreement of the interested parties with the approval of the Commissioner, shall be determined, except as otherwise provided, by the Commissioner.
21 V.S.A. § 1301a — VT Code / Title 21 / Chapter 17 / Section 1301a
§ 1301a. Department of Labor; composition
Status: in_force

The Department of Labor, created by 3 V.S.A. § 212, shall consist of a Commissioner of Labor, the Vermont Employment Security Board, the Vermont Workforce Development Division, the Economic and Labor Market Information Division, the Workforce Development Council, the Unemployment Insurance and Wages Division, and the Workers' Compensation and Safety Division. The Chair of the Employment Security Board shall be the Commissioner of Labor ex officio. The Deputy Commissioner of Labor or a designee chosen by the Commissioner may serve as Chair in the absence of the Commissioner as the Commissioner's designee.
21 V.S.A. § 1736 — VT Code / Title 21 / Chapter 22 / Section 1736
§ 1736. Contract ratification; annual vote
Status: in_force

Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees that are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement.
21 V.S.A. § 1727 — VT Code / Title 21 / Chapter 22 / Section 1727
§ 1727. Prevention of unfair labor practices
Status: in_force

(a) The Board may prevent any person from engaging in any unfair labor practice. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the Board may issue and cause to be served upon that person a complaint stating the charges and containing a notice of hearing before the Board at a place and time noted therein, which shall be at least 14 days after the complaint is served. The Board may amend the complaint at any time before it issues an order based thereon. No complaint shall issue based on any unfair labor practice occurring more than six months prior to the filing of the charge with the Board unless the person aggrieved thereby was prevented from filing the charge by reason of service in the U.S. Armed Forces, in which event the six-month period shall be computed from the day of his or her discharge. The Board may waive the six-month period if it finds that:

(1) the aggrieved person did not understand that an unfair labor practice had been perpetrated against him or her; or

(2) the offending person had actively concealed his, her, or its perpetration of that unfair labor practice.

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

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

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

(e) In determining whether a complaint shall issue alleging that an unfair labor practice has been committed, and in deciding those cases, the same rules of decision shall apply irrespective of whether the employee organization affected is affiliated with an employee organization national or international in scope.

(f) No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged or the payment to him or her of any back pay, if such individual has recourse to binding arbitration under a labor contract grievance procedure for such suspension or discharge.
21 V.S.A. § 1383 — VT Code / Title 21 / Chapter 17 / Section 1383
§ 1383. Severability of provisions
Status: in_force

It is the purpose and intention of the General Assembly that the provisions of this chapter are severable and that the invalidity or ineffectiveness of any provision or provisions of this chapter shall not affect the validity or operative force of the remainder of the chapter, except only that it is the legislative intent that the whole chapter shall fail if any one or more of the following and only of the following provisions, are finally determined to be invalid and ineffective:

(1) the exaction of contributions from employers as provided in sections 1321-1327 of this title;

(2) the requirement contained in section 1359 of this subchapter providing for the deposit with the U.S. Secretary of the Treasury of all monies received in the Unemployment Compensation Trust Fund and the use of monies requisitioned from the U.S. Secretary of the Treasury;

(3) the provisions of subdivisions 1344(a)(2)(C)-(E) of this title relating to the denial of compensation upon refusal to accept new work under certain circumstances;

(4) the provisions of section 1377 of this title barring vested rights under this chapter;

(5) the provisions of sections 1386–1388 of this subchapter with respect to suspension or termination of the operation of this chapter or parts of this chapter in the event of modification or invalidity of 42 U.S.C. chapter 7, the Social Security Act.
21 V.S.A. § 484 — VT Code / Title 21 / Chapter 5 / Section 484
§ 484. Compliance with earned sick time requirement
Status: in_force

(a) An employer shall be in compliance with this subchapter if either of the following occurs:

(1) The employer offers a paid time off policy or is a party to a collective bargaining agreement that provides the employee with paid time off from work that:

(A) he or she may use for all of the reasons set forth in subsection 483(a) of this subchapter; and

(B) accrues and may be used at a rate that is equal to or greater than the rate set forth in sections 482 and 483 of this subchapter.

(2) The employer offers a paid time off policy or is a party to a collective bargaining agreement that provides the employee with at least the full amount of paid time off from work required pursuant to sections 482 and 483 of this subchapter at the beginning of each annual period and the employee may use it at any time during the annual period for the reasons set forth in subsection 483(a) of this subchapter. If the employer provides an employee with the full amount of paid time off at the beginning of each annual period, the paid time off shall not carry over from one annual period to the next as provided in subdivision 483(d)(1) of this subchapter.

(b) Nothing in this subchapter shall be construed to require an employer that satisfies the requirements of subsection (a) of this section to provide additional earned sick time to an employee that chooses to use paid time off that could be used for the reasons set forth in subdivisions 483(a)(1)-(5) of this subchapter for a different purpose.

(c) Nothing in this subchapter shall be construed to prevent an employer from providing a paid time off policy or agreeing to a collective bargaining agreement that provides a paid time off policy that is more generous than the earned sick time provided by this subchapter.

(d)(1) Nothing in this subchapter shall be construed to diminish an employer's obligation to comply with any collective bargaining agreement or paid time off policy that provides greater earned sick time rights than the rights provided by this subchapter.

(2) Nothing in this subchapter shall be construed to preempt or override the terms of a collective bargaining agreement that is in effect before January 1, 2017.

(e) A collective bargaining agreement or paid time off policy may not diminish the rights provided by this subchapter.
21 V.S.A. § 209 — VT Code / Title 21 / Chapter 3 / Section 209
§ 209. Appeals
Status: in_force

Except as to matters provided for in subchapter 5 of this chapter, a person aggrieved by an order or action of the Commissioner under this chapter, or a rule adopted pursuant to this chapter, may appeal to the Superior Court for the order or action within 20 days after the order is issued or the action is taken. In the Superior Court, the matter will be heard de novo. Appeal may be taken to the Supreme Court from the Superior Court. The Superior Court for the county within which the appellant resides or has a place of business shall have jurisdiction.
21 V.S.A. § 438 — VT Code / Title 21 / Chapter 5 / Section 438
§ 438. Exceptions
Status: in_force

A child over 14 years of age who is enrolled in a career technical education program or course duly approved by the State Board of Education may be legally employed in any of the occupations or operations named in section 437 of this title or other occupations or operations that may be in the estimation of the State Board of Education a necessary or essential part of the student's career technical education, provided that the plant, work places, machinery, and other appliances and equipment used for instruction have been inspected for safe conditions and approved by the Commissioner.
21 V.S.A. § 1379 — VT Code / Title 21 / Chapter 17 / Section 1379
§ 1379. Complaint of misclassification; enforcement by Attorney General [Repealed effective July 1, 2026]
Status: in_force

(a) Following the referral of a complaint by the Commissioner of Labor pursuant to the provisions of section 3 of this title, the Attorney General may investigate a complaint that an employing unit or employer has committed a willful, substantial, or systemic violation of section 1314a of this chapter by failing to properly classify one or more employees and may enforce the provisions of this chapter by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though the misclassification of an employee is an unfair act in commerce. Any employing unit or employer complained against shall have the same rights and remedies as specified in 9 V.S.A. §§ 2458-2461. The Superior Court may impose the same civil penalties and investigation costs and order other relief to the State of Vermont or an aggrieved employee for the misclassification of an employee and any related violations of the provisions of this chapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Court may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.

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

(2) Upon receiving notice that the Attorney General has determined that an employing unit or employer has committed a violation of section 1314a of this chapter by failing to properly classify one or more employees, the Commissioners of Financial Regulation and of Taxes shall review whether the employing unit or employer is in compliance with the insurance or tax laws that are under their jurisdiction.