reglab/housing_qa huggingface dataset:
21 V.S.A. § 472b
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 472b. Town meeting leave; employees; students

§ 472b. Town meeting leave; employees; students|(a) Subject to the essential operation of a business or entity of State or local government, which shall prevail in any instance of conflict, an employee shall have the right to take unpaid leave from employment under this section or subsection 472(b) of this title for the purpose of attending his or her annual town meeting, provided the employee notifies the employer at least seven days prior to the date of the town meeting.(b) A student of voting age shall have the right to attend his or her annual town meeting, and the school shall not penalize or report the student as a truant for exercising the right provided by this section.(c) The requirement of subsection (b) shall not apply to a student who is in State custody in a secure facility.(d) The requirement of subsection (b) shall not create an obligation for any parent, guardian, or custodian to take any affirmative action to enable the student to attend an annual town meeting. (Added 2007, No. 124 (Adj. Sess.), § 1; amended 2013, No. 31, § 5.)
21 V.S.A. § 473
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 473. Retaliation prohibited

§ 473. Retaliation prohibited|An employer shall not discharge or in any other manner retaliate against an employee who exercises or attempts to exercise his or her rights under this subchapter. The provisions against retaliation in subdivision 495(a)(8) of this title shall apply to this subchapter. (Added 1989, No. 83, § 1; amended 2013, No. 31, § 7; 2017, No. 74, § 36.)
21 V.S.A. § 474
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 474. Penalties and enforcement

§ 474. Penalties and enforcement|(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. (Added 1989, No. 83, § 1; amended 2013, No. 31, § 8; 2017, No. 74, § 37.)
21 V.S.A. § 482
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 482. Earned sick time

§ 482. Earned sick time|(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 he or she has completed the waiting period.(c) An employer may:  (1) limit the amount of earned sick time accrued pursuant to this section to:  (A) from January 1, 2017 until December 31, 2018, a maximum of 24 hours in a 12-month period; and (B) after December 31, 2018, 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, 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 he or she accrues it during each quarter. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
21 V.S.A. § 484
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 484. Compliance with earned sick time requirement

§ 484. Compliance with earned sick time requirement|(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. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
21 V.S.A. § 485
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 485. Severability of provisions

§ 485. Severability of provisions|If any provision of this subchapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the subchapter and the application of such provisions to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
21 V.S.A. § 486
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 486. New employer exemption

§ 486. New employer exemption|(a) Notwithstanding any provision of this subchapter to the contrary, new employers shall not be subject to the provisions of this subchapter for a period of one year after the employer hires its first employee.(b) For purposes of enforcement under subsections 483(l)-(n) of this subchapter, an employer shall be presumed to be subject to the provisions of this subchapter unless the employer proves that a period of no more than one year elapsed between the date on which the employer hired its first employee and the date on which the employer is alleged to have violated the provisions of this subchapter.(c) No employer shall transfer an employee to a second employer with whom there is, at the time of the transfer, substantially common ownership, management, or control for the purposes of either employer claiming an exemption pursuant to subsection (a) of this section. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
21 V.S.A. § 487
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 487. Rules

§ 487. Rules|The Commissioner may adopt rules to implement the provisions of this subchapter. (Added 2015, No. 172 (Adj. Sess.), § E.400.1, eff. Jan. 1, 2017.)
21 V.S.A. § 491
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 491. Absence on military service and training; employment and reemployment rights

§ 491. Absence on military service and training; employment and reemployment rights|(a)(1) Any duly qualified member of the Reserve Components of the U.S. Armed Forces, of the Ready Reserve, or an organized unit of the Vermont National Guard or the National Guard of another state shall, when called to state or federal service, receive the same benefits, privileges, and protections in employment regardless of the activation authority or location of service.  (2)(A) Upon request, a duly qualified member of the Reserve Components of the U.S. Armed Forces, of the Ready Reserve, or the Vermont National Guard or the National Guard of another state shall be entitled to a leave of absence to engage in military drill, training, or other temporary duty pursuant to state or federal military orders.  (B) A member of the Vermont National Guard or the National Guard of any state or territory who is ordered to state active duty shall be subject to the requirements of and entitled to the rights, privileges, benefits, and protections provided by the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301-4335. (C) A leave of absence shall be with or without pay as determined by the employer.    (b) A member of or an applicant for membership in the National Guard in either federal or state status as defined in 20 V.S.A. §§ 366 and 601 shall not be denied initial employment, reemployment, retention of employment, promotion, or any benefit of employment by an employer on the basis of membership, application for membership, performance of service, application for service, or obligation to serve.(c) An employer shall not discriminate in employment against any person because a person has taken any of the following actions:  (1) enforcement of a provision of this subchapter or federal law; (2) testified or made a statement in connection with any proceeding under this subchapter or under federal law; (3) assisted or participated in any investigation under this subchapter or federal law; or (4) exercised any right provided by this subchapter or under federal law. (Amended 1999, No. 138 (Adj. Sess.), § 6; 2007, No. 44, § 1; 2015, No. 121 (Adj. Sess.), § 1; 2021, No. 10, § 72.)
21 V.S.A. § 492
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 492. Rights and benefits

§ 492. Rights and benefits|(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. (Amended 1999, No. 138 (Adj. Sess.), § 6; 2011, No. 149 (Adj. Sess.), § 6; 2015, No. 121 (Adj. Sess.), § 2.)
21 V.S.A. § 493
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 493. Enforcement

§ 493. Enforcement|(a) If any employer fails to comply with any of the provisions of this subchapter, the employee may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief.(b) The Attorney General or a State's Attorney may enforce the provisions of this subchapter by bringing an action in Superior Court for legal and equitable relief and may conduct civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though a violation of this subchapter were an unfair act in commerce. (Amended 1999, No. 138 (Adj. Sess.), § 6a; 2015, No. 121 (Adj. Sess.), § 3.)
21 V.S.A. § 494
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 494. Definitions

§ 494. Definitions|As used in this subchapter:  (1) "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. (2) "Employee" means every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services. (3) "Prospective employee" means an individual seeking or being sought for employment with an employer. (4) "Employment agency" means a person who undertakes, with or without compensation, to procure, refer, recruit, or place for an employer or person, the opportunity to work for an employer. (5) "Examiner" means any person licensed under 26 V.S.A. chapter 53. (6) "Polygraph examination" means any procedure which involves the use of instrumentation or a mechanical device to enable or assist the detection of deception, the verification of the truthfulness, or the rendering of a diagnostic opinion regarding either of these, and includes a lie detector or similar test. (Added 1985, No. 89.)
21 V.S.A. § 494a
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 494a. Polygraph testing as condition of employment

§ 494a. Polygraph testing as condition of employment|(a) Except as provided in section 494b of this title, an employer or an employment agency shall not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following:  (1) request or require that an employee or applicant for employment take or submit to a polygraph examination; or (2) administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or (3) request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this subchapter.   (b) An employer shall not refuse to hire, promote, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination. (Added 1985, No. 89.)
21 V.S.A. § 494b
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 494b. Employers permitted to require polygraph examinations

§ 494b. Employers permitted to require polygraph examinations|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. (Added 1985, No. 89; amended 2001, No. 38, § 1; 2009, No. 5, § 1; 2019, No. 73, § 35.)
21 V.S.A. § 494c
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 494c. Duties of examiner

§ 494c. Duties of examiner|(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 which 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 which are unrelated to job performance. (Added 1985, No. 89.)
21 V.S.A. § 494d
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 494d. Employee rights in related proceedings

§ 494d. Employee rights in related proceedings|No employee shall be discharged, disciplined or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of the provisions of this subchapter. An employee discriminated against in violation of the provisions of this section shall be compensated by his or her employer the amount of any loss of wages and benefits arising out of such discrimination and shall be restored to his or her previous position of employment. (Added 1985, No. 89.)
21 V.S.A. § 494e
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 494e. Penalties

§ 494e. Penalties|Any individual violating any of the provisions of this subchapter shall be fined not less than $500.00 nor more than $1,000.00 or imprisoned not more than six months, or both, and the penalty shall not be suspended. (Added 1985, No. 89.)
21 V.S.A. § 495a
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 495a. Persons entering into contracts with this State

§ 495a. Persons entering into contracts with this State|The State of Vermont and all of its contracting agencies shall include in all contracts hereafter negotiated a provision obligating the contractor to comply with this subchapter in connection with any work to be performed in this State and requiring the contractor to include a similar provision in all subcontracts for work to be performed in this State. (1963, No. 196, § 2.)
21 V.S.A. § 495b
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 495b. Penalties and enforcement

§ 495b. Penalties and enforcement|(a)(1) The Attorney General or a State's Attorney may enforce the provisions of this subchapter by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though an unlawful employment practice were an unfair act in commerce. Any employer, employment agency, or labor organization complained against shall have the same rights and remedies as specified therein. The Superior Courts are authorized to impose the same civil penalties and investigation costs and to order other relief to the State of Vermont or an aggrieved employee for violations of this subchapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Courts may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.  (2) Any charge or formal complaint filed by the Attorney General or a State's Attorney against a person for unlawful discrimination or sexual harassment in violation of the provisions of this chapter shall include a statement setting forth the prohibition against retaliation pursuant to subdivision 495(a)(8) of this title.   (b) Any person aggrieved by a violation of the provisions of this subchapter may bring an action in Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief.(c) Any employer who violates the provisions of subdivision 495(a)(7) of this title shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies available under this section. (Added 1963, No. 196, § 3; amended 1975, No. 198 (Adj. Sess.), § 2; 1981, No. 65, § 2; 1999, No. 19, § 5; 2001, No. 81 (Adj. Sess.), § 2, eff. April 25, 2002; 2015, No. 97 (Adj. Sess.), § 55; 2017, No. 183 (Adj. Sess.), § 2.)