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2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1367b. Supplemental Nutrition Assistance Program intercept of unemployment benefits

§ 1367b. Supplemental Nutrition Assistance Program intercept of unemployment benefits
(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 which 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. (Added 1997, No. 101 (Adj. Sess.), § 5; amended 2013, No. 131 (Adj. Sess.), § 126, eff. May 20, 2014.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1369. False statements to avoid unemployment program obligations

§ 1369. False statements to avoid unemployment program obligations
A person who willfully 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 herself or himself or for any other person, after notice and opportunity for hearing, may be assessed an administrative penalty of not more than $5,000.00. (Amended 2009, No. 142 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1370. Furnishing reports

§ 1370. Furnishing reports
A person shall not willfully fail or refuse to furnish any reports duly required under this chapter or to submit his or her records to inspection when duly required under this chapter, or to make or require any deduction from wages to pay all or any portion of the contributions required from employers.
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1372. Violation by corporate agent

§ 1372. Violation by corporate agent
If the employer in question is a corporation, any official or agent thereof responsible for such falsehood, failure, or refusal mentioned in sections 1369-1371 of this title shall be subject to the penalties provided in section 1373 of this title.
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1373. General penalty; civil

§ 1373. General penalty; civil
A person who violates a provision of this chapter or any lawful rule or regulation of the Board, for which no other penalty is provided, shall be assessed an administrative penalty of not more than $5,000.00. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 2009, No. 142 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1374. Representation in court

§ 1374. Representation in court
The Attorney General shall represent the Commissioner and State in any court action relating to this chapter or to its administration and enforcement, except as other counsel may be designated by the Commissioner with the approval of the Attorney General; provided however, in prosecutions under this chapter the State’s Attorney of the county wherein such offense occurs shall represent the State as in other causes. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1376. Limitation of liability of State

§ 1376. Limitation of liability of State
Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that monies are available therefor to the credit of the Unemployment Compensation Fund. Neither the State nor the Commissioner shall be liable for any amount in excess of such sums. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1377. Rights hereunder subject to legislative control

§ 1377. Rights hereunder subject to legislative control
All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant hereto shall exist subject to the power of the General Assembly to amend or repeal this chapter at any time; and there shall be no vested rights of any kind against such amendment or repeal or the termination of this chapter or the subdivisions of any of its provisions by its own terms.
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1379. Complaint of misclassification; enforcement by Attorney General

§ 1379. Complaint of misclassification; enforcement by Attorney General
(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. (Added 2019, No. 85 (Adj. Sess.), § 2, eff. Feb. 20, 2020; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1383. Severability of provisions

§ 1383. Severability of provisions
It is hereby declared to be 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 such 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 title providing for the deposit with the Secretary of the Treasury of the United States of all monies received in the Unemployment Fund and the use of monies requisitioned from the Secretary of the Treasury;
(3) the provisions of subdivision 1344 (a)(2)(C)-(E) of section 1344 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 title with respect to suspension or termination of operation of this chapter or parts thereof in the event of modification or invalidity of the Act of Congress designated as the Social Security Act.
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1384. Construction

§ 1384. Construction
This chapter is declared to be enacted in correlation with Titles III and IX of the Act of Congress approved August 14, 1935, designated as the Social Security Act, and with the Federal Unemployment Tax Act, and the expediency of certain provisions of this chapter depend as hereinafter set forth upon the scope and operation within this State of the provisions of said titles and of said act as originally enacted or as hereafter amended. If the Federal Unemployment Tax Act shall be interpreted or extended to impose within this State a tax with respect to employing units having in their employ less than four persons, or with respect to employing units having in their employ individuals who are not now in “employment” as defined in subdivision 1301(6)(C) of this title the Governor by proclamation within 10 days of the effective date of said extension shall so declare and thereupon and thereafter the word “employer” and the words “individual in employment,” as used in this chapter shall extend to and include in the first instance all employing units having in their employ such smaller number of persons and the individuals in their employ, and in the second instance all employing units having in their employ individuals who thereafter shall be in “employment” and the individuals in their employ. Said persons shall be treated as individuals in the employ of said employer with respect to contributions and eligibility for benefits under this chapter.
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1385. Contingent provisions

§ 1385. Contingent provisions
If the Federal Unemployment Tax Act has been or shall be amended, interpreted, or extended so that employing units not heretofore included under the definition of “employer,” as that term is used in this chapter, are included under such definition after said Act of Congress is so amended, interpreted, or extended, then, subject to other provisions of this chapter benefits shall become payable to any individual on the basis of wages earned in the employ of such newly defined employer, and such wages shall be available to any individual for determining his or her eligibility for benefits after the effective date of such extension, or after the date when such newly defined employer’s approved election to be so defined shall have made him or her subject to this chapter, and the benefit year of such individual shall have begun subsequent to the date such newly defined employer became subject to this chapter.
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1386. Operation dependent upon federal act

§ 1386. Operation dependent upon federal act
It is hereby declared to be the legislative judgment 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, and amendments thereto: (1) section 3301 of said Act imposing an excise tax upon employers as defined in said Act; (2) section 3302 allowing against said tax credits for contributions exacted of employers for an unemployment fund whether or not exacted in full of the particular taxpayer under certain circumstances; (3) section 3303 prescribing the conditions upon which said credits may be allowed in addition to actual payments by said taxpayer; (4) sections 3303 and 3304 requiring the certification for the purpose of said credits of state law and prescribing the conditions precedent of such certification. If any of said sections shall be repealed, amended, suspended, or finally declared invalid so as to deprive a contributor under this act of credits against the excise tax against him or her under said section 3301 of the Federal Unemployment Tax Act, then any contribution required by this chapter, to the extent that by reason of said repeal, amendment, suspension, or declared invalidity of said federal act, a contributor is deprived of the benefit of such credit, shall be suspended as provided in section 1387 of this title.
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1387. Suspension of contributions

§ 1387. Suspension of contributions
Whenever the Governor shall determine that the conditions of suspension of the contributions required by this chapter, as hereinbefore defined, exist by reason of any repeal, amendment, suspension, or declared invalidity of the federal Social Security Act or the Federal Unemployment Tax Act, he or she shall so declare by proclamation and thereupon the suspension hereinbefore provided shall become effective and continue for a period of two years from said date, subject to such legislative amendment, modification, or repeal as may be enacted within said period.
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1388. Invalidity of acts

§ 1388. Invalidity of acts
If the federal Social Security Act or the Federal Unemployment Tax Act shall be finally held and determined to be wholly invalid or shall be repealed, then this chapter shall become wholly inoperative and ineffective except only that thereafter the Commissioner shall continue in office for the purpose of:
(1) recovering any monies on deposit with the Secretary of the Treasury of the United States and the redistribution to contributors of all monies on hand in proportion to contributions received, said redistribution to be under the direction of a presiding judge of a Superior Court upon an action brought by the Commissioner against five or more employers; and
(2) doing any other act or thing necessary or proper to liquidate assets and discharge obligations of the office. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1422. Regular and extended benefits

§ 1422. Regular and extended benefits
Except when the result would be inconsistent with the other provisions of this subchapter the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. (Added 1971, No. 1, § 2, eff. Oct. 11, 1970.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1423. Eligibility requirements for extended benefits

§ 1423. Eligibility requirements for extended benefits
(a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period only if the Commissioner finds that with respect to such week:
(1) he or she is an “exhaustee” as defined in section 1421 of this title,
(2) he or she has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.
(3) For eligibility periods based upon benefit years beginning on and after January 3, 1988 and before March 7, 1993, the total wages paid which established that benefit year must equal or exceed one and one-half times the wages paid in the highest quarter of that base period.
(4) For eligibility periods based upon benefit years beginning on and after March 7, 1993, the total wages paid which established that benefit year must exceed 40 times the individual’s most recent weekly benefit amount.
(b) Except as provided in subsection (c) of this section, an individual shall not be eligible for extended benefits for any week if:
(1) extended benefits are payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, and
(2) no extended benefit period is in effect for such week in such state.
(c) Subsection (b) of this section shall not apply with respect to the first two weeks for which extended benefits are payable pursuant to an interstate claim filed under this interstate benefit payment plan to the individual from the extended compensation account established for the individual with respect to the benefit year. (Added 1971, No. 1, § 2, eff. Oct. 11, 1970; amended 1981, No. 86, § 2, eff. May 31, 1981; 1981, No. 194 (Adj. Sess.), § 6, eff. April 22, 1982; 1985, No. 146 (Adj. Sess.), § 5; 1993, No. 58, §§ 2, 3, eff. June 3, 1993.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1424. Weekly extended benefit amount

§ 1424. Weekly extended benefit amount
The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year. (Added 1971, No. 1, § 2, eff. Oct. 11, 1970; amended 1981, No. 194 (Adj. Sess.), § 8, eff. Sept. 26, 1982; 1985, No. 50, § 10.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1425. Total extended benefit amount

§ 1425. Total extended benefit amount
(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 which 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 which 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.” (Added 1971, No. 1, § 2, eff. Oct. 11, 1970; amended 1981, No. 194 (Adj. Sess.), § 9, eff. Oct. 31, 1982; 1993, No. 58, § 4, eff. June 3, 1993.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1426. Beginning and termination of extended benefit period

§ 1426. Beginning and termination of extended benefit period
(a) Whenever an extended benefit period is to become effective in this State, as a result of a State “on” indicator, or an extended benefit period is to be terminated in this State as a result of a State “off” indicator, the Commissioner shall make an appropriate public announcement.
(b) Computations required by the provisions of section 1421 of this title shall be made by the Commissioner, in accordance with regulations prescribed by the Secretary of Labor of the United States. (Added 1971, No. 1, § 2, eff. Oct. 11, 1970; amended 1981, No. 194 (Adj. Sess.), § 10, eff. April 22, 1982.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1427. Amendments to the Federal-State Extended Unemployment Compensation Act of 1970

§ 1427. Amendments to the Federal-State Extended Unemployment Compensation Act of 1970
To the extent that the Federal-State Extended Unemployment Compensation Act of 1970 has been or may be amended so as to authorize this State to pay benefits for an extended benefit period in a manner other than provided by this title, then, and in such cases, all the terms and conditions contained in the amended provisions of such federal law shall become a part of this title to the extent necessary to authorize the payment of benefits to eligible individuals as permitted under such provisions, provided that the federal share continues to be at least 50 percent of the extended benefits paid to individuals under the extended benefits program. (Added 1993, No. 58, § 5, eff. June 3, 1993.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1453. Approval or rejection; resubmission

§ 1453. Approval or rejection; resubmission
The Commissioner shall approve or reject a plan in writing within 30 days of its receipt, and in the case of rejection shall state the reasons therefor. The reasons for rejection shall be final and nonappealable, but the employer shall be allowed to submit another plan for approval, that addresses the reasons that led to the rejection of the original plan. (Added 1985, No. 140 (Adj. Sess.), § 1; amended 2011, No. 50, § 8; 2011, No. 162 (Adj. Sess.), § E.401.5.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1454. Effective date; duration

§ 1454. Effective date; duration
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. (Added 1985, No. 140 (Adj. Sess.), § 1; amended 2011, No. 162 (Adj. Sess.), § E.401.6.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1455. Revocation

§ 1455. Revocation
(a) The Commissioner may revoke approval of a plan for good cause. The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons therefor.
(b) Good cause shall include violation of any criteria on which approval of the plan was based.
(c) Such action may be taken at any time by the Commissioner on his or her own motion. The Commissioner shall review the operation of each qualified employer plan at least once during the first three months that the plan is in effect to assure its compliance with the requirements of this subchapter. In addition, the Commissioner shall investigate any written complaint about the operation of the approved plan and determine in writing whether or not good cause exists for revocation. Such determination to investigate is not appealable.
(d) An employer may appeal a revocation decision by the Commissioner and such appeal shall be treated as a “contested case” under the Administrative Procedure Act. (Added 1985, No. 140 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1456. Modification

§ 1456. Modification
An approved STC plan may be modified by the employer with the approval of the Commissioner. If the hours of work are increased or decreased substantially beyond the level in the original plan, or any other conditions are changed substantially, the Commissioner shall approve or disapprove such modifications. The expiration of the original plan shall not change. If the substantial modifications do not meet the requirements for approval, the Commissioner shall disallow that portion of the plan in writing as specified in subsection 1455(a) of this title. (Added 1985, No. 140 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1457. Eligibility

§ 1457. Eligibility
(a) An individual is eligible to receive STC benefits with respect to any week only if, in addition to eligibility for monetary entitlement, the Commissioner finds that:
(1) the individual is employed during that week as a member of an affected unit under an approved short-time compensation plan that was in effect for that week;
(2) the individual is able to work and is available for the normal work week with the short-time employer;
(3) notwithstanding any other provisions of this chapter to the contrary, an individual is deemed unemployed in any week for which remuneration is payable to him or her as an employee in an affected unit for less than his or her normal weekly hours of work as specified under the approved short-time compensation plan in effect for the week;
(4) notwithstanding any other provisions of this chapter to the contrary, an individual shall not be denied STC benefits for any week by reason of the application of provisions relating to availability for work and active search for work with an employer other than the short-time employer.
(b) Eligible employees may participate, as appropriate, in training, including employer-sponsored training or worker training funded under the federal Workforce Innovation and Opportunity Act, to enhance job skills if the program has been approved by the Department. (Added 1985, No. 140 (Adj. Sess.), § 1; amended 2013, No. 72, § 35c, eff. June 30, 2013; 2019, No. 131 (Adj. Sess.), § 126.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1459. Charging benefits

§ 1459. Charging benefits
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. (Added 1985, No. 140 (Adj. Sess.), § 1; amended 2013, No. 173 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1460. Extended benefits program eligibility

§ 1460. Extended benefits program eligibility
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. (Added 1985, No. 140 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1461. Misrepresentation; penalties

§ 1461. Misrepresentation; penalties
If an approved plan or any representation for implementation of the plan is intentionally and substantially misleading or false, the employer shall be liable for any amount of benefits deemed by the Commissioner to have been improperly paid from the fund as a result thereof. (Added 1985, No. 140 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1462. Period of dormancy

§ 1462. Period of dormancy
On July 1, 2020, the Short-Time Compensation Program established pursuant to sections 1451-1461 of this subchapter shall cease operation and shall not resume operation unless directed to do so by enactment of the General Assembly or, if the General Assembly is not in session, by order of the Joint Fiscal Committee. The Joint Fiscal Committee shall issue such order only upon finding that, due to a change in circumstances, resumption of the Short-Time Compensation Program would be the most effective way to assist employers in avoiding layoffs. Upon the effective date of such an enactment or order, the Short-Time Compensation Program shall resume operation pursuant to the provisions of sections 1451-1461 of this subchapter. (Added 2019, No. 85 (Adj. Sess.), § 20, eff. Feb. 20, 2020.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1471. Training benefit program

§ 1471. Training benefit program
(a) An individual who is otherwise eligible for benefits under this chapter, but who has exhausted his or her maximum benefit amount under section 1340 of this chapter and any other available federally funded extension, is entitled to a maximum of an additional 26 weeks of benefits in the same amount as the weekly benefit amount established in the individual’s most recent benefit year if the individual is enrolled in and making satisfactory progress in either a State-approved training program or a job training program authorized under the federal Workforce Innovation and Opportunity Act.
(b) To be eligible for training benefits under this section, an individual shall be in compliance with both the following:
(1) The individual has been separated from a declining occupation or has been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual’s place of employment.
(2) The individual is enrolled in a program designed to train the individual for entry into a high demand occupation. (Added 2009, No. 156 (Adj. Sess.), § E.401.1, eff. June 3, 2010; amended 2019, No. 131 (Adj. Sess.), § 127.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1501. Title and declaration of policy

§ 1501. Title and declaration of policy
(a) This chapter shall be known as the State Labor Relations Act.
(b) It is the purpose and policy of this chapter to prescribe the legitimate rights of both employees and employers in their relations with each other, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations, to define and proscribe practices on the part of labor and management which are harmful to the general welfare, and to protect the rights of the public in connection with labor disputes. (1967, No. 198, § 1; amended 1969, No. 51, § 1, eff. April 8, 1969.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1503. Rights of employees; mutual duty to bargain

§ 1503. Rights of employees; mutual duty to bargain
(a) Employees shall have the right to self-organization; to form, join, or assist labor organizations; to bargain collectively through representatives of their own choice, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in subsection 1621(a) of this title. An employee who exercises the right not to join the labor organization representing the employee’s certified unit pursuant to section 1581 of this title shall, subject to subsection (b) of this section, pay the agency fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The labor organization agrees to indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the agency fee.
(b) A labor organization shall not charge the agency fee unless it has established and maintained a procedure to provide nonmembers with:
(1) An audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses.
(2) An opportunity to object to the amount of the agency fee sought, and to place in escrow any amount reasonably in dispute.
(3) Prompt arbitration by an arbitrator selected jointly by the objecting fee payer and the labor organization or pursuant to the rules of the American Arbitration Association to resolve any objection over the amount of the agency fee. The costs of arbitration shall be paid by the labor organization. (Added 1967, No. 198, § 3; amended 2013, No. 37, § 14, eff. June 30, 2013; 2017, No. 74, § 56.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1504. General duties

§ 1504. General duties
(a) All employers, their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, wages, hours of employment, and conditions of work, and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees thereof.
(b) All labor disputes between employers and their employees shall, upon the request of either party, be considered within 15 days of the request, or at such times as may be mutually agreed to, and, if possible, settled, with all expedition, in conference between representatives designated and authorized so to confer, by the employer or by the employees thereof interested in the dispute. However, this obligation does not compel either party to agree to a proposal or make a concession. (1967, No. 198, § 4.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1505. Application

§ 1505. Application
This chapter shall not apply to any employer or any labor dispute which affects commerce within the meaning of the National Labor Relations Act, as amended, unless the National Labor Relations Board shall have ceded jurisdiction thereof to the Board pursuant to section 10(a) of the Act or shall have declined to assert jurisdiction thereof pursuant to section 14(c) of the Act. (Added 1967, No. 198, § 17.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1543. Appropriate unit; basis for determination

§ 1543. Appropriate unit; basis for determination
(a) The Board shall decide in each case whether, in order to assure the employees the fullest freedom in exercising the rights guaranteed by this Act, the unit appropriate for the purpose of collective bargaining is the employer unit, craft unit, plant unit, or a subdivision thereof. However, the Board shall not decide that:
(1) A unit is appropriate for those purposes if the unit includes both professional employees and employees who are not professional employees, unless a majority of the professional employees vote for inclusion in the unit.
(2) A craft unit is inappropriate for those purposes on the ground that a different unit has been established by an earlier determination of the Board unless a majority of the employees in the proposed craft unit vote against separate representation.
(3) A unit is appropriate for those purposes if it includes, together with other employees, an individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer’s premises. However, no labor organization may be certified as the representative of employees in a bargaining unit of guards if it admits to membership, or is affiliated directly or indirectly with an organization which admits to membership employees other than guards.
(b) In determining whether a unit is appropriate for the purposes specified in subsection (a) of this section, the extent to which the employees have organized shall not be controlling. (Added 1967, No. 198, § 7.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1544. Rules and regulations

§ 1544. Rules and regulations
(a) The Board shall have authority from time to time to make, amend, and rescind such rules and regulations, not inconsistent with this chapter, as may be necessary to carry out the provisions of this chapter.
(b) In carrying out this chapter the Board may, under any applicable federal law, rule, or regulation, petition the National Labor Relations Board for an advisory opinion as to whether that agency will assert jurisdiction over a labor dispute which is the subject of a proceeding then pending before the Board.
(c) All findings, conclusions, and determinations of the Board under this chapter shall be public records. (Added 1967, No. 198, § 12.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1581. Petitions for election; filing, investigations, hearings, determinations

§ 1581. Petitions for election; filing, investigations, hearings, determinations
(a) A petition may be filed with the Board, in accordance with regulations prescribed by the Board:
(1) By an employee or group of employees, or any individual or labor organization acting in their behalf, alleging that not less than 30 percent of the employees;
(A) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in section 1583 of this title; or
(B) assert that the individual or labor organization which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in section 1583 of this title.
(2) By an employer, alleging that one or more individuals or labor organizations have presented to him or her a claim to be recognized as the representative defined in section 1583 of this title.
(b) The Board shall investigate the petition and if it has reasonable cause to believe that a question of representation exists shall provide for an appropriate hearing before the Board itself, a member thereof, or its agents appointed for that purpose upon due notice. Written notice of the hearing shall be mailed by certified mail to the parties named in the petition not less than seven days before the hearing. If the Board finds upon the record of the hearing that a question of representation exists, it shall conduct an election by secret ballot marked at the place of election and certify to the parties, in writing, the results thereof.
(c) In determining whether or not a question of representation exists, it shall apply the same regulations and rules of decision regardless of the identity of the persons filing the petition or the kind of relief sought.
(d) Nothing in this chapter prohibits the waiving of hearings by stipulation for a consent election in conformity with regulations and rules of decision of the Board.
(e) For the purposes of this chapter, representatives of employees of a collective bargaining unit voluntarily recognized by an employer through the voluntary negotiation of an employment contract with such unit shall constitute recognized representatives of the employees until such time as any other representative is recognized under the provisions of this section or until such representatives’ authority is rescinded under section 1584 of this title. (Added 1967, No. 198, § 8; amended 1973, No. 213 (Adj. Sess.), § 2, eff. April 3, 1974.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1582. Election; eligibility to vote, runoff elections

§ 1582. Election; eligibility to vote, runoff elections
An election shall not be directed in any bargaining unit or any subdivision within which, in the preceding 12 months, a valid election has been held. Employees engaged in an economic strike who are not entitled to reinstatement are eligible to vote, under regulations of the Board consistent with this Act, in any election conducted within 12 months after the beginning of the strike. In any election where none of the choices on the ballot receive a majority, a runoff shall be conducted by the Board. The ballot shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. (Added 1967, No. 198, § 9.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1583. Powers of representatives

§ 1583. Powers of representatives
Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment. However, any individual employee or group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect, provided that the bargaining representative has been given an opportunity to be present at such adjustment. (Added 1967, No. 198, § 10.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1584. Petitions and election to rescind representative’s authority

§ 1584. Petitions and election to rescind representative’s authority
(a) When 30 percent or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization requiring membership in a labor organization as a condition of employment file a petition alleging that they desire that the authority of the labor organization to make such an agreement be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof, in writing, to the labor organization and to the employer.
(b) No election may be conducted under this section in a bargaining unit or a subdivision within which in the preceding 12 months a valid election has been held. (Added 1967, No. 198, § 11.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1585. Election conduct

§ 1585. Election conduct
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. (Added 1967, No. 198, § 13.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 19 - Vermont State Labor Relations Act › § 1624. Contract ratification; annual vote

§ 1624. Contract ratification; annual vote
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. (Added 2013, No. 37, § 15a, eff. June 30, 2013.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 20 - Independent Direct Support Providers › § 1632. Rights of independent direct support providers

§ 1632. Rights of independent direct support providers
Independent direct support providers shall have the right to:
(1) organize, form, join, or assist a labor organization for the purposes of collective bargaining without interference, restraint, or coercion;
(2) bargain collectively through their chosen representatives;
(3) engage in concerted activities for the purpose of supporting or engaging in collective bargaining or other mutual aid or protection;
(4) pursue grievances through the exclusive representative as provided in this chapter; and
(5) refrain from any or all such activities, subject to the requirements of subdivision 1634(b)(3) of this chapter. (Added 2013, No. 48, § 1, eff. May 24, 2013.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 20 - Independent Direct Support Providers › § 1633. Rights of the State

§ 1633. Rights of the State
Subject to the rights guaranteed by this chapter and subject to all other applicable laws, rules, and regulations, nothing in this chapter shall be construed to interfere with the right of the State to:
(1) carry out the statutory mandate and goals of the Agency of Human Services and to utilize personnel, methods, and means in the most appropriate manner possible;
(2) with the approval of the Governor, take whatever action may be necessary to carry out the mission of the Agency of Human Services in an emergency situation;
(3) comply with federal and State laws and regulations;
(4) enforce regulations and regulatory processes;
(5) develop regulations and regulatory processes that do not impair existing contracts, subject to the duty to bargain over mandatory subjects of bargaining and to the rulemaking authority of the General Assembly and the Human Services Board; and
(6) solicit and accept for use any grant of money, services, or property from the federal government, the State, or any political subdivision or agency of the State, including federal matching funds, and to cooperate with the federal government or any political subdivision or agency of the State in making an application for any grant. (Added 2013, No. 48, § 1, eff. May 24, 2013.)