reglab/housing_qa huggingface dataset:
21 V.S.A. § 221
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 221. State plan and cooperation

§ 221. State plan and cooperation|The State of Vermont desires to assume responsibility for the development and enforcement of occupational safety and health standards within the State. To that end the Commissioner shall submit plans and reports to the appropriate federal official or agency, under the provisions of the Occupational Safety and Health Act of 1970 (PL. 91-596), enacted by the Congress of the United States of America. The Department and the Division shall cooperate with the appropriate federal agencies in carrying out the purposes of the Act and the VOSHA Code. (Added 1971, No. 205 (Adj. Sess.), § 1.)
21 V.S.A. § 222
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 222. Application

§ 222. Application|The VOSHA Code shall apply with respect to employers, employees, and employment in or at a work place in the State of Vermont, except that:  (1) Standards applicable to products which are distributed or used in interstate commerce which are different from federal standards for such products shall not be promulgated under the VOSHA Code unless such standards are required by compelling local conditions and do not unduly burden interstate commerce. (2) Nothing in the VOSHA Code shall be construed to supersede or in any manner affect the workers' compensation laws of this State pursuant to chapters 9 and 11 of this title, or enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of employment. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 12; 1981, No. 165 (Adj. Sess.), § 1.)
21 V.S.A. § 223
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 223. Duties

§ 223. Duties|(a) Each employer shall furnish to each of his or her employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or significant physical harm to his or her employees; and the employer shall comply with safety and health standards promulgated under the VOSHA Code.(b) Each employee shall comply with the safety and health standards and all rules, regulations, and orders of the VOSHA Code which are applicable to his or her own actions or conduct. (Added 1971, No. 205 (Adj. Sess.), § 1.)
21 V.S.A. § 225
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 225. Citations

§ 225. Citations|(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. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 54, § 69, eff. June 1, 2009; 2017, No. 148 (Adj. Sess.), § 6, eff. May 21, 2018.)
21 V.S.A. § 228
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 228. Reports

§ 228. Reports|(a) Employers shall keep and file all reports and records required under the Act, and any reports and records which the Commissioner or the Secretary of Human Services may require by rule.(b) The Commissioner shall make such reports to the Secretary of Labor in such form and containing such information as the Secretary shall from time to time require.(c)(1) Each employer shall make, keep, and preserve, and make available to the Secretary of the U.S. Department of Labor or the Secretary of Health and Human Services, such records regarding his or her activities relating to the Act as the Secretary of the U.S. Department of Labor, in cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of the Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this subdivision, such regulations may include provisions requiring employers to conduct periodic inspections. The Commissioner shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Code, including the provisions of applicable standards.  (2) The Commissioner in cooperation with the Secretary, shall issue regulations requiring employees to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 224 of this title. Such regulations shall provide employees or their representative with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his or her own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under section 224 of this title and shall inform any employee who is being thus exposed of the corrective action being taken. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 19.)
21 V.S.A. § 230
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 230. Occupational Safety and Health Review Board

§ 230. Occupational Safety and Health Review Board|(a) An Occupational Safety and Health Review Board is created. It shall consist of three members who shall be appointed by the Governor, with the advice and consent of the Senate. The members of the Board shall be appointed for terms of six years, but initially in a manner so that one term expires in two years, one term in four years, and one term in six years. Thereafter, biennially, in the month of February, with the advice and consent of the Senate, the Governor shall appoint a person as a member of such Board for the term of six years, whose term of office shall commence on March 1 of the year in which such appointment is made. The Governor, biennially, shall designate a member of such Board to be its Chair.(b) With the approval of the Secretary of Administration, the Board may employ such employees as it deems necessary, and may without such approval employ and remove a clerk and a reporter for taking and transcribing testimony in hearings before it and such hearing judges as it deems necessary to hear appeals on behalf of the Board. Compensation for employees of the Board shall be fixed by the Commissioner of Human Resources. The hearing judge appointed by the Board shall hear, and make a determination upon, any proceeding instituted before the Board and any motion in connection therewith, assigned to such hearing judge by the Chair of the Board, and shall make a report of any such determination which constitutes his or her final disposition of the proceedings. The report of the hearing judge shall become the final order of the Board within 30 days after such report by the hearing examiner, unless within such period any Board member has directed that such report shall be reviewed by the Board.(c) Every official act of the Board shall be entered on record, and its hearings and records shall be open to the public.(d) The Board is authorized to make such rules as are necessary for the orderly transaction of its proceedings. Unless the Board has adopted a different rule, its proceedings shall be in accordance with the rules promulgated by the Supreme Court for the Superior Courts.(e) The office of the Board shall be located in Montpelier, but proceedings shall be held at places within the State convenient to persons appearing before it.(f) The compensation of members of the Board shall be fixed by the Commissioner of Human Resources.(g) The Board shall be attached to the Governor's office for administrative purposes. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 214 (Adj. Sess.), § 15; 1981, No. 34, § 1; 2003, No. 156 (Adj. Sess.), § 15.)
21 V.S.A. § 231
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 231. Employee rights

§ 231. Employee rights|(a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself, herself, or others of any right afforded by this chapter.(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within 30 days after such violation occurs, file a complaint with the Commissioner alleging such discrimination. Upon receipt of such complaint, the Commissioner shall cause such investigation to be made as he or she deems appropriate. If upon such investigation, the Commissioner determines that the provisions of this section have been violated, he or she shall bring an action in any appropriate State court against such person. In any such action, the State courts shall have jurisdiction, for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief, including rehiring or reinstatement of the employee to his or her former position with back pay.(c) Within 90 days of the receipt of a complaint filed under this section, the Commissioner shall notify the complainant of his or her determination under subsection (b) of this section. (Added 1973, No. 214 (Adj. Sess.), § 20.)
21 V.S.A. § 232
2021 Vermont Statutes|Title 21 - Labor|Chapter 3 - Safety|§ 232. Private right of action

§ 232. Private right of action|An employee aggrieved by a violation of section 231 of this title may bring an action in Superior Court for appropriate relief, including reinstatement, triple wages, damages, costs, and reasonable attorney's fees. Such an action may be brought in addition to or in lieu of an action under section 231 of this title. (Added 1989, No. 164 (Adj. Sess.).)
21 V.S.A. § 301
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 301. Medical examination, expense

§ 301. Medical examination, expense|It shall be unlawful for any employer, as defined in section 302 of this title, to require any employee or applicant for employment to pay the cost of a medical examination as a condition of employment.
21 V.S.A. § 302
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 302. Definitions

§ 302. Definitions|For the purposes of 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. (Amended 2007, No. 144 (Adj. Sess.), § 1.)
21 V.S.A. § 303
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 303. Penalty; judicial bureau

§ 303. Penalty; judicial bureau|Any employer who violates the provisions of this subchapter shall be assessed a civil penalty of not more than $100.00 for each and every violation. (Amended 2007, No. 144 (Adj. Sess.), § 3.)
21 V.S.A. § 304
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 304. Employment conditions

§ 304. Employment conditions|An employer shall provide an employee with reasonable opportunities during work periods to eat and to use toilet facilities in order to protect the health and hygiene of the employee. (Added 1997, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 1999.)
21 V.S.A. § 305
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 305. Nursing mothers in the workplace

§ 305. Nursing mothers in the workplace|(a) For an employee who is a nursing mother, the employer shall for three years after the birth of a child:  (1) Provide reasonable time, either compensated or uncompensated, throughout the day to express breast milk for her nursing child. The decision to provide compensated time shall be in the sole discretion of the employer, unless modified by a collective bargaining agreement. (2) Make a reasonable accommodation to provide appropriate private space that is not a bathroom stall.   (b) An employer may be exempted from the provisions of subsection (a) of this section if providing time or an appropriate private space for expressing breast milk would substantially disrupt the employer's operations.(c) An employer shall not retaliate or discriminate against an employee who exercises or attempts to exercise the rights provided 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.(d) In lieu of an enforcement action through the Vermont Judicial Bureau, the Attorney General or a State's Attorney may enforce the provisions of this section by bringing a civil action for temporary or permanent injunctive relief, economic damages, including prospective lost wages for a period not to exceed one year, and investigative and court costs. The Attorney General or a State's Attorney may conduct an investigation of an alleged violation and enter into a settlement agreement with the employer. Such investigation shall not be a prerequisite to bringing a court action. (Added 2007, No. 144 (Adj. Sess.), § 2; amended 2013, No. 31, § 4; 2017, No. 74, § 32.)
21 V.S.A. § 306
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 306. Public policy of the State of Vermont; employment separation agreements

§ 306. Public policy of the State of Vermont; employment separation agreements|In support of the State's fundamental interest in protecting the safety of minors and vulnerable adults, as defined in 33 V.S.A. § 6902, it is the policy of the State of Vermont that no confidential employment separation agreement shall inhibit the disclosure to prospective employers and responsible licensing entities of factual information about a prospective employee's background that would lead a reasonable person to conclude that the prospective employee has engaged in conduct jeopardizing the safety of a minor or vulnerable adult. Any provision in an agreement entered into on or after the effective date of this section that attempts to do so is void and unenforceable. (Added 2009, No. 157 (Adj. Sess.), § 17, eff. June 3, 2010; amended 2018, No. 5 (Sp. Sess.), § 4, eff. June 19, 2018.)
21 V.S.A. § 341
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 341. Definitions

§ 341. Definitions|As used in this subchapter:  (1) "Employee" means a person who has entered into the employment of an employer, where the employer is unable to show that:  (A) the individual has been and will continue to be free from control or direction over the performance of such services, both under the contract of service and in fact; and (B) the service is either outside all the usual course of business for which such service is performed, or outside all the places of business of the enterprise for which such service is performed; and (C) the individual is customarily engaged in an independently established trade, occupation, profession, or business.  (2) "Employer" means any person having employees in his or her service. (3) "Commissioner" means the Commissioner of Labor or designee. (4) "Department" means the Department of Labor. (5) "Wages" means all remuneration payable for services rendered by an employee, including salary, commissions, and incentive pay. (Amended 1963, No. 198, § 1; 1995, No. 184 (Act. Sess.), § 3; 2013, No. 15, § 1.)
21 V.S.A. § 343
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 343. Form of payment

§ 343. Form of payment|An employer shall not pay employees with any form of evidence of indebtedness, including all scrip, vouchers, due bills, or store orders, unless the employer is in compliance with one or both of the following:  (1) The employer is a cooperative corporation in which the employee is a stockholder, in which case, the cooperative corporation shall, upon request of any shareholding employee, pay the shareholding employee as provided in section 342 of this title. (2) Payment is made by check as defined in Title 9A or by an electronic fund transfer as provided in section 342 of this title. (Amended 1977, No. 244 (Adj. Sess.), § 4, eff. May 1, 1978; 2009, No. 115 (Adj. Sess.), § 1, eff. May 21, 2010.)
21 V.S.A. § 344
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 344. Assignment of future wages

§ 344. Assignment of future wages|An assignment of future wages payable under the provisions of section 342 of this title shall not be valid, if made to the employer from whom such wages are to become due, or to anyone in behalf of such employer, or if made or procured to be made to anyone for the purpose of relieving such employer from the obligation to pay under the provisions of section 342. Such employer shall not require an agreement from an employee to accept wages at any other period as a condition of employment.
21 V.S.A. § 345
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 345. Nonpayment of wages and benefits

§ 345. Nonpayment of wages and benefits|(a) Each employer who violates section 342, 343, 482, or 483 of this title shall be fined not more than $5,000.00. Where the employer is a corporation, the president or other officers who have control of the payment operations of the corporation shall be considered employers and liable to the employee for actual wages due when the officer has willfully and without good cause participated in knowing violations of this chapter.(b) In addition to any other penalty or punishment otherwise prescribed by law, any employer who, pursuant to an oral or written employment agreement, is required to provide benefits to an employee shall be liable to the employee for actual damages caused by the failure to pay for the benefits, and where the failure to pay is knowing and willful and continues for 30 days after the payments are due shall be assessed a civil penalty by the Commissioner of not more than $5,000.00.(c) The Commissioner may enforce collection of the fines assessed under this section in the Civil Division of the Superior Court. (Amended 1963, No. 188, § 1; 2013, No. 15, § 4; 2015, No. 69 (Adj. Sess.), § 5, eff. Jan. 1, 2017; 2017, No. 74, § 33.)
21 V.S.A. § 346
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 346. Enforcement by Attorney General; employee misclassification

§ 346. 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 section 342, 343, 348, 482, or 483 of this chapter by misclassifying an employee as an independent contractor 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 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 section 342, 343, 348, 482, or 483 of this chapter 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.), § 4, eff. Feb. 20, 2020; amended 2021, No. 20, § 216; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)
21 V.S.A. § 347
2021 Vermont Statutes|Title 21 - Labor|Chapter 5 - Employment Practices|§ 347. Forfeiture

§ 347. Forfeiture|An employer who violates section 342 or 343 of this title shall forfeit to the individual injured twice the value thereof, to be recovered in a civil action, and all costs and reasonable attorney's fees. However, an action may not be maintained under this section unless at the time the action is brought, the wages remain unpaid or improperly paid. (Amended 1977, No. 244 (Adj. Sess.), § 6, eff. May 1, 1978; 1979, No. 100 (Adj. Sess.), § 2; 2013, No. 15, § 6.)