reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1032. Commissioner; duties; rules

§ 1032. Commissioner; duties; rules
The Commissioner shall administer this chapter and, in consultation with the Commissioner of Financial Regulation, adopt rules to carry out the provisions of this chapter. (Added 1995, No. 173 (Adj. Sess.), § 1; amended 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2013, No. 34, § 13.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1034. Controlling person

§ 1034. Controlling person
(a) Each controlling person of an applicant or licensee shall:
(1) be at least 18 years of age; and
(2) have a personal history of honesty, trustworthiness, and fairness and a reputation for fair dealings and respect for the rights of others and for the law.
(b) For the purposes of this chapter, “controlling person” means an individual who has the authority to direct the management or policies of an employee leasing company or who is employed, appointed, or authorized by an employee leasing company to enter into contractual relationships with client companies on the employee leasing company’s behalf. (Added 1995, No. 173 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1035. Financial responsibility

§ 1035. Financial responsibility
(a) Evidence of financial responsibility shall include an audited financial statement, prepared in accordance with generally accepted accounting principles, that demonstrates that the applicant has an adjusted net worth of at least $100,000.00 or five percent of liabilities, whichever is greater. The statement shall have been prepared within six months of the date of application by an independent certified public accountant licensed in this State.
(b) The Commissioner may audit a licensee’s financial condition if the Commissioner determines that the licensee’s financial responsibility is in question. The Commissioner may contract for the audit and charge the licensee a fee that shall not exceed the actual cost of performing the audit.
(c) Financial information submitted to the Commissioner by an applicant or licensee shall be confidential and shall not be available for public inspection. Nothing in this section shall be construed to restrict the Commissioner from sharing this information with the Attorney General, the Department of Financial Regulation, the Department of Labor, the Department of Taxes, the Secretary of State, or the U.S. Internal Revenue Service. (Added 1995, No. 173 (Adj. Sess.), § 1; amended 1995, No. 180 (Adj. Sess.), § 38(a); 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1036. Employee leasing company; duties; deemed employer

§ 1036. Employee leasing company; duties; deemed employer
(a) A licensee shall:
(1) Register with the following within 10 days after licensure under this chapter:
(A) The Department of Labor.
(B) The Department of Taxes.
(C) The Secretary of State.
(D) The U.S. Internal Revenue Service.
(2) Make timely payment of workers’ compensation premiums and unemployment compensation on all leased employees based on the experience rating of the client company to which the employees are leased.
(3) File all reports as required by this chapter and applicable law.
(4) Maintain financial responsibility and management competence.
(5) Provide notification of the employment arrangement to all employees leased pursuant to an employee leasing agreement within 10 days after executing the agreement.
(6) Keep any securities or bond in effect or retain accreditation, whichever was provided pursuant to subdivision 1033(b)(7) of this title during the period the license is valid.
(b) Except as provided in sections 1037 and 1038 of this title, an employee leasing company licensed under this chapter shall be deemed to be the employer for the payment of wages and other employment benefits due to leased employees pursuant to the employee leasing agreement. An employee leasing company shall implement an employee grievance system and provide to each leased employee a manual that outlines the terms and conditions of employment. (Added 1995, No. 173 (Adj. Sess.), § 1; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1037. Workers’ compensation

§ 1037. Workers’ compensation
(a) Workers’ compensation insurance premiums shall be determined and paid based on the experience rating of the client company for which the leased employee performs services, provided the client company has sufficient workers’ compensation premium volume to be experience rated, otherwise the premiums shall be the rate approved for an employer that cannot be experience rated.
(b) Both the employee leasing company and its client company shall be entitled to the exclusivity of remedy provisions of section 622 of this title provided that workers’ compensation coverage is in effect.
(c) A workers’ compensation insurer shall notify the Commissioner and the client company no later than 30 days prior to any lapse or cancellation of workers’ compensation coverage. (Added 1995, No. 173 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1038. Department of Labor

§ 1038. Department of Labor
(a) The Department of Labor shall charge unemployment compensation benefits against the experience rating record of the client company in accordance with the provisions of section 1325 of this title. Quarterly unemployment reports shall be filed and unemployment contributions shall be paid based on the client company’s experience rating and under the client company’s State employer account number. The Commissioner may require an employee leasing company to make weekly contribution payments. The Department shall notify both the client company and the employee leasing company of:
(1) Benefits charged against the experience rating of the client company.
(2) The contribution rate of the client company based on its status and experience as an employer.
(b) An employee leasing company shall register with the Department of Labor on a form required by the Commissioner of Labor and shall file the following with the Commissioner:
(1) A copy of each employee leasing agreement within 10 days after the agreement is executed and notice within 10 days after an agreement is terminated.
(2) Payroll records for each client company.
(3) On or before December 31 of each year, a list of each client company, including the client company’s name, address, State employer account number, and federal employer identification number. (Added 1995, No. 173 (Adj. Sess.), § 1; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1039. Employee benefits

§ 1039. Employee benefits
(a) An employee leasing company that offers employee benefit and welfare plans shall offer comparable benefits to each client company, but is not required to provide comparable benefits to leased employees of different client companies.
(b) An employee leasing company that provides health insurance benefits to its leased employees shall provide those benefits only pursuant to one of the following:
(1) An insurance policy issued under 8 V.S.A. chapter 107 by an insurer or entity authorized to do business by the Commissioner of Financial Regulation.
(2) A plan that has been qualified as a single employer plan under the provisions of the Employment Retirement Income Security Act (ERISA), as amended.
(c) An employee leasing company and the client company shall be jointly and severally liable for protection or damages provided under laws designed to protect the health, safety, and welfare of an employee. (Added 1995, No. 173 (Adj. Sess.), § 1; amended 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1040. Collective bargaining; interference prohibited

§ 1040. Collective bargaining; interference prohibited
(a) For purposes of the collective bargaining process, including the right to organize employee units based upon specific work sites, an employee leasing company shall be bound by law and liable for any violations of a collective bargaining agreement covering any of its leased employees. An employee leasing company shall not reassign leased employees or take any other action for the purpose of interfering with the terms and conditions of any collective bargaining agreement or organizational activity.
(b) Nothing in this chapter shall be construed to relieve a client company of its obligations under any applicable law or to reduce or diminish any rights of leased employees to organize or collectively bargain. (Added 1995, No. 173 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1041. Prohibitions; penalty

§ 1041. Prohibitions; penalty
Any person who conducts the business of employee leasing or holds themselves out as an employee leasing company without being licensed under this chapter shall be fined not more than $15,000.00. (Added 1995, No. 173 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1042. Unprofessional conduct

§ 1042. Unprofessional conduct
Unprofessional conduct includes:
(1) Failure to maintain financial responsibility and management competence.
(2) Occupational advertising that is intended or tends to deceive the public.
(3) Failure to comply with substantial provisions of State or federal law governing the conduct of an employee leasing company.
(4) Conviction of a crime related to the conduct of the business of employee leasing by a controlling person of a licensee. (Added 1995, No. 173 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1043. Enforcement; appeals

§ 1043. Enforcement; appeals
(a) The Commissioner may revoke, suspend, restrict, or place on probation the license of any employee leasing company, after a hearing, for a violation of any provision of this chapter or for a violation of any law relating to the conduct of the business of employee leasing. The Commissioner may charge the licensee the actual cost of any investigation undertaken at the direction of the Commissioner in response to any complaint filed against the licensee.
(b) A person may appeal an action taken by the Commissioner under this section to the Superior Court. (Added 1995, No. 173 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 13 - Apprenticeship › § 1112. State apprenticeship agency

§ 1112. State apprenticeship agency
(a) The Department is the federally designated State Apprenticeship Agency and has the responsibility to oversee apprenticeship programs and apprentices in Vermont.
(b) The Department shall take all necessary steps as required and permitted by law to maintain its status as the State Apprenticeship Agency and recognized by the federal Office of Apprenticeship under 29 C.F.R. Part 29, section 29.13. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 13 - Apprenticeship › § 1116. Ratios

§ 1116. Ratios
(a) Ratios; variances.
(1)(A) Except as otherwise provided in this section, the ratio of apprentices to journey-workers shall be 1:1.
(B) For each apprentice who completes 2,000 hours of on-the-job training, the ratio may increase to 2:1.
(C) The ratio shall not exceed two apprentices for each journey-worker unless a variance to the ratio is approved by the Commissioner.
(D) Variances shall not be permitted for youth apprenticeships.
(2)(A) A sponsor or an employer may request to modify the ratio of journey-worker to apprentices for one or more years of an apprenticeship program.
(B) The request shall be in writing and include the following information:
(i) the capacity of the employer to maintain the quality of supervision of on-the-job training set forth their program standards with added apprentices;
(ii) the impact of higher ratios on the learning experience of existing apprentices and steps taken to ensure that apprentices are not disadvantaged in the quality of their on-the-job learning, mentoring, and supervision by higher ratios; and
(iii) an occupational safety analysis that describes the specific risks to apprentices, journey-workers, and the general public and what steps will be taken to mitigate each risk.
(3)(A) The Commissioner, with advice from the Director, the Director of the Vermont Occupational Safety and Health Administration, and the Board shall review the request and respond in writing within 90 days of receipt of the request.
(B) In evaluating a request, the Commissioner may affirm or modify a ratio upon a determination that the new ratio:
(i) will not endanger the safety of apprentices or the journey-worker; and
(ii) will not materially impair the quality of the on-the-job training.
(4) Nothing in this section shall be construed as prohibiting a sponsor or employer from establishing a ratio that permits or requires more than one journey-worker for each apprentice or as invalidating a collective bargaining agreement that permits or requires more than one journey-worker for each apprentice.
(5)(A) In a period of emergency declared by the Governor, the Commissioner may approve a higher ratio for one or more employers or sponsors without the need for an individual written request. The Commissioner shall receive advice from the Board prior to issuing a blanket ratio variance under this subsection.
(B) When the period of emergency expires, any ratio variances approved by the Commissioner under this subdivision (5) shall terminate and the sponsor shall comply with the requirements of this section governing ratios.
(b) National Program Standards programs. Employers who participate in a National Apprenticeship Standards Program whose approved ratio is greater than 1:1 shall operate under the State’s default 1:1 ratio requirement unless a variance is approved under this section. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 13 - Apprenticeship › § 1118. Apprenticeship program minimum enrollment; evaluation

§ 1118. Apprenticeship program minimum enrollment; evaluation
(a) Minimum number of apprentices. An apprenticeship program, including occupations registered to the program, shall have at least one registered apprentice, except for the following specified periods of time if the periods do not exceed one year:
(1) between the date when the apprenticeship program is registered and the date of registration for its first apprentice; or
(2) between the date that the apprenticeship program graduates an apprentice and the date of registration for the next apprentice or apprentices in the program.
(b) Evaluation. The Vermont Registered Apprenticeship Program shall adopt tools and factors to evaluate the performance of apprenticeship programs, including the following:
(1) quality assurance assessments;
(2) Equal Employment Opportunity compliance reviews; and
(3) completion rates.
(A)(i) To evaluate completion rates, the Vermont Registered Apprenticeship Program shall review an apprenticeship program’s completion rates in comparison to the national average for completion rates.
(ii) Based on review, the Vermont Registered Apprenticeship Program may provide technical assistance to apprenticeship programs with completion rates lower than the national average.
(B) Cancellation of apprenticeship agreements during the probationary period shall not have an adverse impact on a sponsor’s completion rate. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 13 - Apprenticeship › § 1121. Limitations

§ 1121. Limitations
Nothing in this chapter or in an apprenticeship agreement may be construed to invalidate:
(1) the at-will nature of employment in Vermont;
(2) any apprenticeship provision in a collective bargaining agreement between employers and employees establishing more stringent apprenticeship standards; or
(3) any special provision for veterans, minorities, or women in the standards, apprentice qualifications, or operation of an apprenticeship program or in the apprenticeship agreement that is not otherwise prohibited by law, Executive Order, or authorized regulation or rule. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 13 - Apprenticeship › § 1122. Complaints

§ 1122. Complaints
(a) Any controversy or difference arising under an apprenticeship agreement that cannot be resolved by the parties and that is not covered by a collective bargaining agreement may be submitted by an apprentice, or the apprentice’s authorized representative, to the Vermont Registered Apprenticeship Program for review.
(b)(1) The complaint shall be in writing and signed by the complainant, or authorized representative, and shall be submitted within 60 business days following the event that gave rise to the complaint.
(2) The complaint shall set forth the specific matters complained of, together with relevant facts and circumstances.
(3) Copies of pertinent documents and correspondence shall accompany the complaint.
(c)(1) The Vermont Registered Apprenticeship Program shall render a determination within 90 business days after receipt of the complaint, based upon such investigation of the matters submitted as may be found necessary, and the record before it.
(2) During the 90-day period, the Vermont Registered Apprenticeship Program shall make reasonable efforts to affect a satisfactory resolution between the parties involved.
(3) If so resolved, the parties shall be notified that the case is closed.
(4) Where a determination is rendered, copies shall be sent to all interested parties.
(d)(1) This section is not applicable to any complaint concerning discrimination or other equal opportunity matters.
(2) All such complaints shall be submitted, processed, and resolved in accordance with applicable provisions in 29 C.F.R. Part 30 or applicable provisions of the Vermont Department of Labor State Plan for Equal Employment Opportunity in Apprenticeship.
(e) Nothing in this section precludes an apprentice from pursuing any other remedy authorized under federal or State law. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 13 - Apprenticeship › § 1123. Pre-apprenticeship programs

§ 1123. Pre-apprenticeship programs
(a) A pre-apprenticeship program is one that is designed to prepare individuals to enter and succeed in an apprenticeship program by providing instruction and skill development opportunities to attain competency needed to enter a related apprenticeship program.
(b) A pre-apprenticeship program may be registered by the Department after successfully demonstrating:
(1) the program is carried out by a sponsor that has a written agreement with at least one sponsor of an apprenticeship program;
(2) the program engages an active, advisory partnership with an industry leader or sector partnership to inform the training and education services necessary for a pre-apprenticeship program;
(3) there is sufficient demand in an apprenticeship program at the completion of a pre-apprenticeship program to support a transition from the pre-apprenticeship program to an apprenticeship program;
(4) the program follows a written plan for related instruction and work-based learning or training that was developed in consultation with the sponsor or sponsors of the apprenticeship program;
(5) the program includes mentoring, career exposure, career planning, and career awareness activities;
(6) the program includes paid work-based learning or training, to the extent practicable, or unpaid work-based learning or training in which an employer or industry partnership and a related technical instruction provider collaborate to design the learning or training that will introduce participants to the skills, competencies, and materials used in one or more apprenticeable occupations;
(7) to the extent appropriate and practicable, the program meets related technical instruction requirements that include enabling an individual to attain a secondary school diploma or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship; and
(8) the program includes, when relevant, any agreement for advanced standing for the pre-apprentice upon entering a registered apprenticeship program. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 13 - Apprenticeship › § 1124. Youth apprenticeship programs

§ 1124. Youth apprenticeship programs
(a) A youth apprenticeship program is one that prepares a youth apprentice for acceptance into an apprenticeship program and is designed for youth apprentices who start the program while still enrolled in high school.
(b) A youth apprenticeship program may be registered by the Department after submitting the following information:
(1) a written plan that articulates the work processes and how a youth apprentice will receive supervised work experience and on-the-job training or training in an experiential setting;
(2) how time spent by a youth apprentice in each major work process will be spent or that specifies how competencies or proficiencies are aligned between their high school education and the youth apprenticeship program, and that states which graduation requirements will be met;
(3) a description of the mentoring that will be provided to the youth apprentice;
(4) a description or timeline explaining the periodic reviews and evaluations of the youth apprentices performance on the job and in related technical instruction;
(5) a process for maintaining appropriate progress records, including the reviews and evaluations;
(6) a description of related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment in secondary or post-secondary courses;
(7) whether and how the program is aligned with high school diploma requirements and career clusters;
(8) whether the program meets the related technical instruction requirements for an apprenticeship program;
(9) if a program includes paid work, a progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice as skills are mastered;
(10) how the program prepares the youth apprentice for placement in further education, employment, or an apprenticeship program; and
(11) the terms by which the program grants advanced standing or credit to individuals applying for the youth apprenticeship with demonstrated competency or acquired experience, training, or skills. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 13 - Apprenticeship › § 1125. Career pathway alignment with apprenticeship programs

§ 1125. Career pathway alignment with apprenticeship programs
(a) The Vermont Registered Apprenticeship Program shall coordinate with other State agencies and departments in the furtherance of registered apprenticeship as a training model that can advance equity, provide Vermonters with access to good paying careers, and make available untapped talent for Vermont employers.
(b)(1) The Vermont Registered Apprenticeship Program shall provide technical assistance and training to sponsors on an ongoing basis related to developing or modifying their minimum qualifications, equal opportunity requirements, promotion of diversity, apprentice selection procedures, and other requirements for advanced standing in their standards of apprenticeship.
(2) The Program shall provide technical assistance and training with assistance from Vocational Rehabilitation, including HireAbility, and the Division for Blind and Visual Impairments; the Agency of Education, including Adult Education and Literacy, Career Technical Education, and Special Education Transition Specialists; the Office of Veterans Affairs; and other workforce partners.
(3) The Program shall provide necessary technical assistance, training, and support to sponsors to promote the adoption of pre-apprenticeship programs for individuals with disabilities, refugees, individuals for whom English is not the primary spoken language, adults with limited literacy and numeracy skills or who do not have a high school diploma or equivalent, and other groups who are excluded from access to high-wage careers and participation in the registered apprenticeship system because they do not meet the minimum qualifications established in standards of apprenticeship.
(c) The Vermont Registered Apprenticeship Program shall develop policies and procedures for the registration of pre-apprenticeship and youth apprenticeship programs meeting the definition established in this chapter and that may be included in career pathway alignment efforts.
(d) The Vermont Registered Apprenticeship program, working with the Agency of Education, shall develop program guidelines for youth apprenticeships that start while an apprentice is still in high school and that can be included as part of the Agency’s career pathways efforts in addition to the Vermont Registered Apprenticeships Program’s efforts to align talent pipelines between education providers and registered apprenticeship program sponsors. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 15 - Vermont Employment Service › § 1202. Commissioner of Labor as agent

§ 1202. Commissioner of Labor as agent
The Commissioner of Labor is hereby designated and constituted the agent of the State of Vermont for the purposes of the Act, with full power to cooperate with all authorities of the United States having powers or duties under the Act and to do and perform all things necessary to secure to the State of Vermont the benefits of the Act in the promotion and maintenance of a system of public employment offices. (Amended 1959, No. 329 (Adj. Sess.), § 22; 1961, No. 210, § 15, eff. July 11, 1961; 1981, No. 66, § 5(b), eff. May 1, 1981; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 15 - Vermont Employment Service › § 1203. Rules and regulations

§ 1203. Rules and regulations
There is hereby created, under the direction of the Commissioner of Labor, a division to be known as the Vermont Employment Service Division, responsible for administering a system of public employment offices for the purpose of assisting employers to secure employees and workers to secure employment. The Commissioner is authorized and directed to establish such offices in such parts of the State as he or she deems necessary and to prescribe rules and regulations not inconsistent with any of the provisions of this chapter. The Commissioner shall appoint the director, assistants, and other employees of the Vermont Employment Service Division in accordance with the regulations prescribed by the Secretary of the U.S. Department of Labor. (Amended 1959, No. 329 (Adj. Sess.), § 22; 1961, No. 210, § 15, eff. July 11, 1961; 1981, No. 66, § 5(b), eff. May 1, 1981; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 15 - Vermont Employment Service › § 1205. Contractual special services

§ 1205. Contractual special services
The Commissioner of Labor may enter into agreements to provide customized or special services that are beyond basic services required by federal statute, provided that such services do not interfere with the Department’s statutory purposes and programs. The Department may charge for services provided under this section. Charges collected under this section shall be credited to separate special funds for each type of service agreement, and shall be available to the Department to offset the costs of each type of service. (Added 1997, No. 155 (Adj. Sess.), § 65; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 15 - Vermont Employment Service › § 1206. Termination

§ 1206. Termination
This chapter may be terminated by the Governor at any time, upon notice to the U.S. Department of Labor, when in his or her judgment the need for the same no longer exists. However, such notice of termination shall not be effective until the close of the U.S. fiscal year in which the notice is given.
2023 Vermont Statutes › Title 21 - Labor › Chapter 16A - Domestic and Sexual Violence Survivors' Transitional Employment Program › § 1251. Purpose

§ 1251. Purpose
The purpose of the domestic and sexual violence survivors’ transitional employment program is to provide temporary, partial wage replacement to individuals who must leave employment, without good cause attributable to the employer, because of circumstances directly resulting from domestic violence, sexual assault, or stalking. (Added 2005, No. 49, § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 16A - Domestic and Sexual Violence Survivors' Transitional Employment Program › § 1252. Definitions

§ 1252. Definitions
For the purposes of this chapter:
(1) “Commissioner” means the Commissioner of Labor or the Commissioner’s designee.
(2) “Department” means the Department of Labor.
(3) “Domestic and sexual violence” means domestic violence, sexual assault, or stalking as defined in 15 V.S.A. § 1151.
(4) “Weekly payment” means an amount determined in accordance with section 1338 of this title. (Added 2005, No. 49, § 1; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 16A - Domestic and Sexual Violence Survivors' Transitional Employment Program › § 1253. Eligibility

§ 1253. Eligibility
The Commissioner shall make all determinations for eligibility under this chapter. An individual shall be eligible for up to 26 weekly payments when the Commissioner determines that the individual voluntarily left work due to circumstances directly resulting from domestic and sexual violence, provided the individual:
(1) Leaves employment for one of the following reasons:
(A) The individual reasonably fears that the domestic and sexual violence will continue at or en route to or from the place of employment.
(B) The individual intends to relocate in order to avoid future domestic and sexual violence against the individual or a member of the individual’s family.
(C) The individual reasonably believes that leaving the employment is necessary for the safety of the individual or a member of the individual’s family.
(D) The individual is physically or emotionally unable to work as a result of experiencing domestic or sexual violence as certified by a medical professional. The certification shall be reviewed by the Commissioner every six weeks and may be renewed until the individual is able to work or the benefits are exhausted.
(2) Complies with all the following:
(A) Prior to leaving employment has pursued reasonable alternatives to leaving the employment, which may include seeking a protection order, relocating to a secure place, or seeking reasonable accommodation from the employer, such as a transfer or different assignment. Failure to pursue reasonable alternatives may be excused if the individual establishes that pursuit of alternatives is likely to:
(i) be futile;
(ii) increase the risk of future incidents of domestic and sexual violence;
(iii) not adequately address the specific circumstances that led to the individual’s decision to separate from employment.
(B) Provides the Department with satisfactory documentation of the domestic and sexual violence. The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in 18 V.S.A. § 9432(9). Information relating to the domestic and sexual violence, including the claimant’s statement and corroborating evidence, provided to the Department shall not be disclosed by the Department unless the claimant has signed a consent to disclose form. In the event the Department is legally required to release this information without consent by the claimant, the Department shall notify the claimant at the time the notice or request for release of information is received by the Department and prior to releasing the requested information.
(C) Has been found ineligible for unemployment solely on the basis of the separation from employment. (Added 2005, No. 49, § 1; amended 2013, No. 72, § 35d; 2017, No. 74, § 47.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 16A - Domestic and Sexual Violence Survivors' Transitional Employment Program › § 1254. Conditions

§ 1254. Conditions
An individual shall be eligible to receive payments with respect to any week, only if the Commissioner finds that the individual complies with all of the following requirements:
(1) files a claim certifying that he or she did not work during the week;
(2) is not eligible for unemployment compensation benefits; and
(3) is working with the Department to determine work readiness and taking reasonable steps as determined by the Commissioner to become employed. (Added 2005, No. 49, § 1; amended 2013, No. 72, § 35e.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 16A - Domestic and Sexual Violence Survivors' Transitional Employment Program › § 1255. Procedures

§ 1255. Procedures
(a) The Commissioner or designee shall review all claims for payment and shall promptly provide written notification to the individual of any claim that is denied and the reasons for the denial.
(b) Within 30 days after receipt of a denial, the individual may appeal the determination to the Commissioner by requesting a review of the decision. On appeal to the Commissioner, the individual may provide supplementary evidence to the record. The Commissioner shall review the record within seven working days after the notice of the appeal is filed and promptly notify the individual in writing of the Commissioner’s decision. The decision of the Commissioner shall become final unless an appeal to the Supreme Court is taken within 30 days of the date of the Commissioner’s decision. (Added 2005, No. 49, § 1; amended 2013, No. 72, § 35f.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 16A - Domestic and Sexual Violence Survivors' Transitional Employment Program › § 1256. Notification to the public

§ 1256. Notification to the public
The Department shall take reasonable measures to provide information to the public about the Program, including publishing information on the Department’s website and providing timely materials related to the Program to public agencies of the State and organizations that work with domestic and sexual violence survivors, including law enforcement, State’s Attorneys, community justice centers, the Center for Crime Victim Services, the Vermont Network Against Domestic and Sexual Violence (the Network), and any others deemed appropriate by the Commissioner in consultation with the Network. (Added 2023, No. 76, § 46, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1301a. Department of Labor; composition

§ 1301a. Department of Labor; composition
The Department of Labor, created by 3 V.S.A. § 212, shall consist of a Commissioner of Labor, the Vermont Employment Security Board, the Vermont Workforce Development Division, the Economic and Labor Market Information Division, the Workforce Development Council, the Unemployment Insurance and Wages Division, and the Workers’ Compensation and Safety Division. The Chair of the Employment Security Board shall be the Commissioner of Labor ex officio. The Deputy Commissioner of Labor or a designee chosen by the Commissioner may serve as Chair in the absence of the Commissioner as the Commissioner’s designee. (Added 1959, No. 329 (Adj. Sess.) § 20, eff. March 1, 1961; amended 1981, No. 66, § 2, eff. May 1, 1981; 2005, No. 212 (Adj. Sess.), § 13, eff. May 29, 2006; 2011, No. 162 (Adj. Sess.), § E.401.11.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1302. Vermont Employment Security Board, composition, duties

§ 1302. Vermont Employment Security Board, composition, duties
(a) There is hereby created a board of three members to be known as the Vermont Employment Security Board. One member, who will serve as the chair of the Board, shall be the Commissioner of Labor, ex officio. The two other members of the Board shall be appointed by the Governor, with the advice and consent of the Senate. The term of each appointed member shall be six years. Biennially, in the month of February, with the advice and consent of the Senate, the Governor shall appoint a person as a member of the Board for the term of six years, whose term of office shall commence March 1 of the year in which such appointment is made. Any appointment to a vacancy shall be for the unexpired term. In case of a vacancy by resignation, the member resigning shall continue in office until that member’s successor is appointed. Not more than two members of the Board shall be members of the same political party. The Governor may at any time remove an appointed member of such Board for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.
(b) The Board may hear and decide all matters appealed to it under this chapter. It shall determine its own methods of procedure. It may, with the approval of the Governor, adopt, amend, suspend, or rescind such rules and regulations as it considers necessary and consistent with this chapter. The rules and regulations of the Board shall have the force and effect of law after public hearing thereon of which reasonable notice has been given, and after filing with the Secretary of State, and publication in such manner as the Board shall prescribe. The Board may administer oaths, take depositions, certify to official acts, and subpoena witnesses and compel the production of books, papers, correspondence, memoranda, and other records necessary and material in the discharge of its duties imposed by this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 1, eff. July 11, 1961; 2023, No. 53, § 134, eff. June 8, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1303. Compensation

§ 1303. Compensation
The Commissioner of Labor shall be paid an annual salary, as provided by 32 V.S.A. § 1003 and necessary expenses incurred in the performance of the Commissioner’s duties. Each other member of the Board shall be paid a per diem fixed by the Emergency Board while engaged in work connected with his or her official duties and shall be entitled to his or her actual and necessary expenses when away from home in discharge of such duties. All vouchers for salary, per diem, or expenses of a member shall be approved by the other members of the Board before payment thereof. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 2, eff. July 11, 1961; 1981, No. 66, § 5(b), eff. May 1, 1981; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1304. Quorum

§ 1304. Quorum
Any two members of the Board shall constitute a quorum to transact business. No vacancy shall impair the right of the remaining members to exercise all of the powers of the Board, as long as a majority remain. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 3, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1305. Divisions; Comprehensive Employment and Training Office

§ 1305. Divisions; Comprehensive Employment and Training Office
There is hereby established within the Department of Labor, the Vermont Employment Service Division, the Unemployment Compensation Division, and the Comprehensive Employment and Training Office. Each division and office shall be responsible for the discharge of its distinctive function. Each division and office shall be so far as is practicable a separate administrative unit with respect to personnel, budget, and duties. (Amended 1959, No. 329 (Adj. Sess.), § 21, eff. March 1, 1961; 1981, No. 66, § 3, eff. May 1, 1981; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1305a. Comprehensive Employment and Training Office

§ 1305a. Comprehensive Employment and Training Office
(a) With the approval of the Governor, the Commissioner shall appoint a Director of the Comprehensive Employment and Training Office and fix his or her salary. The Director shall serve at the pleasure of the Commissioner. The Commissioner may appoint such other personnel and may organize the Office as he or she deems necessary to carry out its functions and duties, and may delegate such powers and authority to the Director of the Office as he or she deems necessary for its efficient administration.
(b) The Comprehensive Employment and Training Office shall provide job training and employment opportunities for economically disadvantaged, unemployed, and underemployed persons through a system of federal and State programs, and is hereby authorized to serve on behalf of the Governor, through the Commissioner of Labor, as the prime sponsor in accordance with the Comprehensive Employment and Training Act (P.L. 95-524); provided further, that such responsibilities and authorization shall continue only so long as the federal government provides funds to execute such responsibilities. (Added 1981, No. 66, § 4, eff. May 1, 1981; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1307. Commissioner of Labor, duties and powers of

§ 1307. Commissioner of Labor, duties and powers of
The Commissioner of Labor shall administer this chapter. The Commissioner may employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she considers necessary or suitable to that end. In the discharge of his or her duties imposed by this chapter, the Commissioner may administer oaths, take depositions, certify to official acts, and subpoena witnesses and compel the production of books, papers, correspondence, memoranda, and other records necessary and material to the administration of this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 4, eff. July 11, 1961; 1981, No. 66, § 5(b), eff. May 1, 1981; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1308. Organization

§ 1308. Organization
The Commissioner shall determine his or her method of procedure in accordance with the provisions of this chapter. (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 › § 1309. Reports; solvency of Trust Fund

§ 1309. Reports; solvency of Trust Fund
(a)(1) On or before January 31 of each year, the Commissioner shall submit to the Governor and the Chairs of the Senate Committees on Economic Development, Housing and General Affairs and on Finance and the House Committees on Commerce and Economic Development and on Ways and Means a report covering the administration and operation of this chapter during the preceding calendar year.
(2) The report shall include:
(A) a balance sheet of the monies in the Fund and data as to probable reserve requirements based upon accepted actuarial principles, with respect to business activity, and other relevant factors for the longest available period;
(B) recommendations for amendments of this chapter as the Board considers proper; and
(C) an accounting of the amount of supplemental benefits paid to claimants pursuant to subdivision 1338(e)(2) of this chapter.
(b) Whenever the Commissioner believes that the solvency of the Fund is in danger or the balance of the Fund drops below $180,000,000.00, the Commissioner shall promptly inform the Governor and the Chairs of the Senate Committees on Economic Development, Housing and General Affairs and on Finance and the House Committees on Commerce and Economic Development and on Ways and Means and make recommendations for preserving an adequate level in the Trust Fund. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 5, eff. July 11, 1961; 2009, No. 124 (Adj. Sess.), § 1; 2013, No. 142 (Adj. Sess.), § 36; 2021, No. 51, § 13, eff. June 1, 2021.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1311. Employees

§ 1311. Employees
Subject to other provisions of this chapter, the Commissioner is authorized to appoint a Deputy Commissioner and such officers, accountants, attorneys, and employees as may be necessary in the performance of his or her duties. The Commissioner may delegate to any such person so appointed such power and authority deemed reasonable and proper for the effective administration of this chapter, and may, in the Commissioner’s discretion, bond any person handling monies or signing checks hereunder. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1971, No. 191 (Adj. Sess.), § 12; 1985, No. 225 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1311a. Professional training for employees

§ 1311a. Professional training for employees
The Commissioner, using grant funds made available by the United States, may, to the extent permitted and subject to the approval of the Governor, provide professional training for the Department’s employees by contracting with educational institutions for short courses or other forms of intensive instruction. (Added 1959, No. 137, eff. April 22, 1959; amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1981, No. 66, § 5(b), eff. May 1, 1981; 2021, No. 20, § 219.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1312. Publication of rules, regulations, reports

§ 1312. Publication of rules, regulations, reports
The Commissioner shall cause to be printed for distribution to the public the text of this chapter, the Board’s rules and regulations, his or her annual reports to the Governor, and any other material the Commissioner considers relevant and suitable. He or she shall furnish the same to any person upon application therefor. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 6, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1315. State-federal cooperation

§ 1315. State-federal cooperation
In the administration of this chapter, the Commissioner shall cooperate to the fullest extent consistent with the provisions thereof, with the Secretary of Labor; shall make such reports, in such form and containing such information as the Secretary of Labor may from time to time require, and shall comply with such provisions as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the Secretary of Labor governing the expenditures of such sums as may be allotted and paid to this State under Title III of the Social Security Act for the purpose of assisting in the administration of this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)