reglab/housing_qa huggingface dataset:
21 V.S.A. § 348
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 348. Retaliation prohibited

§ 348. Retaliation prohibited|(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. (Added 2013, No. 15, § 8.)
21 V.S.A. § 381
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 381. Declaration of policy

§ 381. Declaration of policy|It is the declared public policy of the State of Vermont that workers employed in any occupation should receive wages sufficient to provide adequate maintenance and to protect their health, and to be fairly commensurate with the value of the services rendered.
21 V.S.A. § 382
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 382. Coverage

§ 382. Coverage|Employers employing two employees or more are covered by this subchapter.
21 V.S.A. § 383
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 383. Definitions

§ 383. Definitions|Terms used in this subchapter have the following meanings, unless a different meaning is clearly apparent from the language or context:  (1) "Commissioner," the Commissioner of Labor or designee; (2) "Employee," 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) "Occupation," an industry, trade, or business or branch thereof or class of work in which workers are gainfully employed. (4) [Repealed.]  (Amended 1959, No. 109, eff. April 14, 1959; 1967, No. 177, § 1, eff. April 17, 1967; 1977, No. 244 (Adj. Sess.), § 7, eff. May 1, 1978; 1985, No. 80, § 2; 1993, No. 227 (Adj. Sess.), § 34; 2001, No. 47, § 1; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
21 V.S.A. § 385
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 385. Administration

§ 385. Administration|The Commissioner and the Commissioner's authorized representatives have full power and authority for all the following:  (1) To enforce and administer the provisions of this chapter, including the power to conduct investigations and take any other action considered necessary or suitable for the administration of this chapter. In the discharge of duties under this chapter, the Commissioner may administer oaths, take depositions, certify to official acts, subpoena witnesses, and compel production of any documents and records necessary and material to the administration of this chapter. (2) To enter and inspect any place of business or employment, question any employees, and investigate any records, facts, conditions, or matters that are deemed appropriate and that in any way appertain to or have a bearing upon the question of wages due under the provisions of this chapter. (3) To require from any employer full and correct statements in writing of the wages paid to all employees employed by that employer necessary to investigate and enforce the provisions of this chapter. (4) To recommend and determine the amount of deductions for board, lodging, or other items or services supplied by the employer or any other conditions or circumstances as may be usual in a particular employer-employee relationship, including gratuities; provided, however, that in no case shall the total remuneration received by an employee, including wages, board, lodging, or other items or services supplied by the employer, including gratuities, be less than the minimum wage rate set forth in section 384 of this title. No deduction may be made for the care, cleaning, or maintenance of required apparel. No deduction for required apparel shall be made without the employee's express written authorization and the deduction shall not:  (A) reduce the total remuneration received by an employee below the hourly minimum wage; (B) include any administrative fees or charges; or (C) amend, nullify, or violate the terms and conditions of any collective bargaining agreement.  (5) To recommend a suitable scale of rates for learners, apprentices, and persons with disabilities, which may be less than the regular minimum wage rate for experienced workers without disabilities. (Amended 2001, No. 47, § 2; 2005, No. 212 (Adj. Sess.), § 10, eff. May 29, 2006; 2007, No. 182 (Adj. Sess.), § 10, eff. June 2, 2008.)
21 V.S.A. § 386
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 386. Investigations

§ 386. Investigations|The Commissioner may, and on a petition of 50 or more residents of the State shall, make an investigation of any industry, business, occupation, or employment as set forth in section 385 of this title, to ascertain whether any violations of this subchapter have occurred.
21 V.S.A. § 387
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 387. Enforcement by Attorney General; employee misclassification

§ 387. Enforcement by Attorney General; employee misclassification|(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. (Added 2019, No. 85 (Adj. Sess.), § 6, eff. Feb. 20, 2020; amended 2021, No. 20, § 217; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)
21 V.S.A. § 391
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 391. Modification of wage orders

§ 391. Modification of wage orders|The Commissioner with the approval of the Governor may from time to time propose modifications of or additions to any regulations included in any minimum wage order which the Commissioner deems appropriate. (Amended 2001, No. 47, § 4.)
21 V.S.A. § 392
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 392. Court proceedings

§ 392. Court proceedings|If any employer covered by a wage order has failed to comply with the wage order within 14 days after receiving notification of the violation, the Commissioner shall take court action to enforce the order. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2001, No. 47, § 5; 2017, No. 11, § 51.)
21 V.S.A. § 393
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 393. Employers' records

§ 393. Employers' records|Every employer, subject to the provisions of this subchapter or of any regulation or order issued thereunder, shall keep a true and accurate record of the hours worked by each employee and of the wages paid to him or her and shall furnish to the Commissioner upon demand a sworn statement of the same. Such records shall be open to inspection by the Commissioner, his or her deputy, or any authorized agent of the Department at any reasonable time. Every employer subject to the provisions of this subchapter or of any regulation or order issued under the provisions thereof shall keep a copy of them posted in a conspicuous place in the area where employees are employed. The Commissioner shall furnish copies of such orders and regulations to employers without charge.
21 V.S.A. § 394
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 394. Penalties

§ 394. Penalties|(a) Any employer, subject to this subchapter or any regulations or orders issued thereunder, or any of the employer's agents or the officer or agent of any corporation who pays or permits to be paid or agrees to pay to any employee engaged in any industry or occupation less than the applicable rate to which the employee is entitled under this subchapter, shall be fined not more than $100.00 for each day the employee is paid less than the rate required under this subchapter.(b) Any employer or any of the employer's agents or the officer or agent of any corporation who fails to keep the records required under this subchapter or refuses to permit the Commissioner to enter the place of business or who fails to furnish the records to the Commissioner upon demand shall be fined not more than $100.00. (Amended 2001, No. 47, § 6.)
21 V.S.A. § 395
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 395. Civil actions

§ 395. Civil actions|If any employee is paid by an employer less than the applicable wage rate to which the employee is entitled under this subchapter, the employee shall recover, in a civil action, twice the amount of the minimum wage less any amount actually paid by the employer, together with costs and reasonable attorney's fees, and any agreement between an employer and an employee to work for less than the wage rates is no defense to the action. (Amended 2001, No. 47, § 7.)
21 V.S.A. § 396
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 396. Appeals from Commissioner's decisions

§ 396. Appeals from Commissioner's decisions|(a) Appeals to Superior Court wherein a civil action between the parties would be triable. Any person aggrieved by any decision of the Commissioner may appeal to the Superior Court.(b) Procedure. The court shall direct the record in the matter appealed from to be laid before it, hear the evidence, and make such order approving in whole or in part or setting aside in whole or in part the decision appealed from as justice may require, and may refer any matter or issue arising in the proceedings to the Commissioner for further consideration. However, in no case shall such an appeal operate as a supersedeas or stay unless the Commissioner or the court to which such appeal is taken shall so order.(c) Certifying record. An order of court to send up the record may be complied with by filing either the original papers or duly certified copies thereof, or of such portions thereof as the order may specify, together with a certified statement of such other facts as show the grounds of the action appealed from.(d) Hearing. The court may take evidence or may appoint a referee to take such evidence as it may direct and to report the same with findings of fact.(e) Costs. In any proceedings under this subchapter, the court may make such award of costs as may seem equitable and just.(f) Appeal, Supreme Court. Appeal from the decision of the Superior Court may be had to the Supreme Court. (Amended 1971, No. 185 (Adj. Sess.), § 193, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 17, eff. Jan. 1, 1998.)
21 V.S.A. § 397
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 397. Retaliation prohibited

§ 397. Retaliation prohibited|(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. (Added 2013, No. 15, § 9.)
21 V.S.A. § 411
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 411. Definitions

§ 411. Definitions|As used in this subchapter:  (1) "Affected employees" means employees who may be expected to experience an employment loss as a consequence of a proposed or actual business closing or mass layoff by their employer. (2) "Business closing" means:  (A) the permanent shutdown of a facility; (B) the permanent cessation of operations at one or more worksites in the State that results in the layoff of 50 or more employees over a 90-day period; or (C) the cessation of work or operations not scheduled to resume within 90 days that affects 50 or more employees.  (3) "Commissioner" means the Commissioner of Labor. (4) "Department" means the Department of Labor. (5) "Employer" means any person that employs:  (A) 50 or more full-time employees; (B) 50 or more part-time employees who work at least 1,040 hours per employee per year; or (C) a combination of 50 or more:  (i) full-time employees; and (ii) part-time employees who work at least 1,040 hours per employee per year.   (6) "Employment loss" means the termination of employment that is the direct result of a business closing or mass layoff. An employee will not be considered to have suffered an employment loss if the employee is offered a transfer to a different site of employment within 35 miles; or if prior to the layoff notice to the employee, the employee voluntarily separates or retires or was separated by the employer for unsatisfactory performance or misconduct. (7) "Mass layoff" means a permanent employment loss of at least 50 employees at one or more worksites in Vermont during any 90-day period. In determining whether a mass layoff has occurred or will occur, employment losses for two or more groups of employees, each of which is below this threshold but which in the aggregate exceed this threshold and which occur within any 90-day period shall be considered to be a mass layoff unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes. (8) "Representative" means an exclusive bargaining agent as legally recognized under State or federal labor laws. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)
21 V.S.A. § 412
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 412. Education and outreach

§ 412. Education and outreach|The Department and the Agency of Commerce and Community Development shall prepare information and materials for the purpose of informing and educating Vermont employers with regard to programs and resources that are available to assist with economic and workforce retention initiatives in order to avoid business closings and mass layoffs. The Department and the Agency of Commerce and Community Development shall also inform Vermont employers of the employers' obligations that will be required for proper notice under the provisions of this subchapter. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. May 10, 2014.)
21 V.S.A. § 413
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 413. Notice and wage payment obligations

§ 413. Notice and wage payment obligations|(a) An employer who will engage in a closing or mass layoff shall provide notice to the Secretary of Commerce and Community Development and the Commissioner in accordance with this section to enable the State to present information on potential support for the employer and separated employees.(b) Notwithstanding subsection (a) of this section, an employer who will engage in a closing or mass layoff shall provide notice to the Secretary of Commerce and Community Development and the Commissioner 45 days prior to the effective date of the closing or layoffs that reach the thresholds defined in section 411 of this subchapter, and shall provide 30 days' notice to the local chief elected official or administrative officer of the municipality, affected employees, and bargaining agent, if any.(c) The employer shall send to the Commissioner and the Secretary the approximate number and job titles of affected employees, the anticipated date of the employment loss, and the affected worksites within the time allotted for notice to the Commissioner and Secretary under subsection 413(b) or 414(b) of this subchapter. Concurrent with the notification to the affected employees, in accordance with subsection 413(b) of this subchapter, the employer shall send to the Commissioner in writing the actual number of layoffs, job titles, date of layoff, and other information as the Commissioner deems necessary for the purposes of unemployment insurance benefit processing and for accessing federal and State resources to mitigate adverse employment impacts affecting employers, employees, and communities.(d) In the case of a sale of part or all of an employer's business where mass layoffs will occur, the seller and the purchaser are still required to comply with the notice requirements under subsection (b) of this section.(e) Nothing in this subchapter shall abridge, abrogate, or restrict the right of the State to require an employer that is receiving State economic development funds or incentives from being required to provide additional or earlier notice as a condition for the receipt of such funds or incentives.(f) An employer is required to pay all unpaid wage and compensation owed to any laid-off worker, as required under this title.(g) This section shall not apply to a nursing home in situations where Rules 2.8 and 3.14 of the Vermont Licensing and Operating Rules for Nursing Homes apply or where the CMS Requirements for Long-Term Care Facilities apply, pursuant to 42 C.F.R. §§ 483.12 and 483.75. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)
21 V.S.A. § 414
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 414. Exceptions

§ 414. Exceptions|(a) In the case of a business closing or mass layoff, an employer is not required to comply with the notice requirement in subsection 413 of this subchapter and may delay notification to the Department if:  (1) the business closing or mass layoff results from a strike or a lockout; (2) the employer is actively attempting to secure capital or investments in order to avoid closing or mass layoffs; and the capital or investments sought, if obtained, would have enabled the employer to avoid or postpone the business closing or mass layoff, and the employer reasonably and in good faith believed that giving the notice would have precluded the employer from securing the needed capital or investment; (3) the business closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time the 45-day notice would have been required; (4) the business closing or mass layoff is due to a disaster beyond the control of the employer; or (5)(A) the business closing or the mass layoff is the result of the conclusion of seasonal employment or the completion of a particular project or undertaking; or  (B) the affected employees were hired with the understanding that their employment was limited to the duration of the season, facility, project, or undertaking.    (b) An employer that is unable to provide the notice otherwise required by this subchapter as a result of circumstances described in subsection (a) of this section shall provide as much notice as is practicable and at that time shall provide a brief statement to the Commissioner regarding the basis for failure to meet the notification period. In such situations, the mailing of the notice by certified mail or any other method approved by the Commissioner shall be considered acceptable in the fulfillment of the employer's obligation to give notice to each affected employee under this subchapter. At the time of notice to the Commissioner, the employer shall provide the required information under subdivisions 413(c) of this subchapter. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)
21 V.S.A. § 415
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 415. Violations

§ 415. Violations|(a) An employer who violates subsection 413(b) or 414(b) of this subchapter is liable to each employee who lost his or her employment for:  (1) one day of severance pay for each day after the first day in the 45-day notice period required in subsection 413(b) of this subchapter, up to a maximum of ten days' severance pay; and (2) the continuation, not to exceed one month after an employment loss, of existing medical or dental coverage under an employment benefit plan, if any, necessary to cover any delay in an employee's eligibility for obtaining alternative coverage resulting directly from the employer's violation of notice requirements.   (b) The amount of an employer's liability under subsection (a) of this section shall be reduced by the following:  (1) any voluntary and unconditional payments made by the employer to the employee that were not required to satisfy any legal obligation; (2) any payments by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf of and attributable to the employee for the period of the violation; and (3) any liability paid by the employer under any applicable federal law governing notification of mass layoffs, business closings, or relocations.   (c) If an employer proves to the satisfaction of the Commissioner that the act or omission that violated this subchapter was in good faith, the Commissioner may reduce the amount of liability provided for in this section. In determining the amount of such a reduction, the Commissioner shall consider any efforts by the employer to mitigate the violation.(d) If, after an administrative hearing, the Commissioner determines that an employer has violated any of the requirements of this subchapter, the Commissioner shall issue an order including any penalties assessed by the Commissioner under this section and section 417 of this subchapter. The employer may appeal a decision of the Commissioner to the Superior Court within 30 days of the date of the Commissioner's order. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)