reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 157. Elevator Safety Fund; creation

§ 157. Elevator Safety Fund; creation
The Elevator Safety Fund is created for the purpose of funding the Elevator Safety Inspection and Licensing Program. All revenues from fees collected for licensing elevator mechanics and inspectors, and issuing permits and certificates of operation, shall be deposited in the Fund. The Commissioner, pursuant to an appropriation from the Fund, shall request disbursements from the Fund by the Commissioner of Finance and Management. The Fund shall be maintained by the State Treasurer and shall be managed in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 201. Occupational policy

§ 201. Occupational policy
(a) It is the policy of the State of Vermont that in their employment all persons shall be provided by their employers with safe and healthful working conditions at their work place, and that insofar as practicable an employee shall not experience diminished health, functional capacity, or life expectancy as a result of his or her work experience.
(b) It is also the policy of the State that practices and procedures prescribed by an employer for performance of work or duties by his or her employees shall not be insofar as practicable, dangerous to the life, body, or well being of the employees.
(c) It is the legislative intent that:
(1) The provisions of the Occupational Safety and Health Act of 1970, as enacted by the Congress of the United States of America, which may be administered by a State agency, shall be administered and enforced in this State, by the State.
(2) To effectuate the policy of the State, standards promulgated under the Occupational Safety and Health Act of 1970, enacted by Congress, and as amended at any time, when applicable to employment in the State of Vermont, shall be prescribed in rules made under this subchapter.
(3) The State of Vermont shall cooperate with the appropriate federal agencies in carrying out the purposes of the Occupational Safety and Health Act of 1970 and the VOSHA Code of the State. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 126.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 203. Definitions

§ 203. Definitions
As used in this chapter:
(1) “Act” means the Occupational Safety and Health Act of 1970, enacted by the Congress of the United States of America, and rules made thereunder, as amended at any time.
(2) “Commissioner” means the Commissioner of Labor or designee.
(3) “Department” means the Department of Labor.
(4) “Director” means the Director of Occupational Health.
(5) “Division” means the Division of Occupational Health.
(6) “Employee” means any person engaged in service to an employer for wages, salary or other compensation, excluding an independent contractor.
(7) “Employer” means a person, as hereinafter defined, who employs one or more persons.
(8) “Person” means a natural person, corporation, partnership, trust, society, club, association, or other organization, including municipalities and the State and its instrumentalities.
(9) “Place of employment” means any place where an employee is engaged in performance of his or her work or duties, or which is used in connection with an employee’s employment. It includes structures, buildings, machinery, equipment, tools, appliances, and materials used in connection with the employment. It also includes land and premises where an employer is carrying on any activity or business involving the use of one or more employees.
(10) “Premises” means land and the structures thereon which contains a place of employment as herein defined.
(11) “Rule” means a rule or regulation.
(12) “VOSHA Code” means subchapters 4 and 5 of this chapter and 18 V.S.A. chapter 28, and the rules adopted thereunder.
(13) “Review Board” means the Occupational Safety and Health Review Board.
(14) “Secretary of Labor” means the Secretary of Labor of the United States of America.
(15) “Secretary” means the Secretary of Human Services. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 17; 1979, No. 121 (Adj. Sess.), § 3; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 204. Rules and procedure

§ 204. Rules and procedure
(a) 3 V.S.A. chapter 25, relating to administrative procedure, shall apply to this chapter and the VOSHA Code.
(b) All or part of a printed publication of standards or rules, including standards promulgated under the Act, may be made a rule or part of a rule under this chapter or the VOSHA Code, by reference in the rule to the printed publication by its title and where it may be procured at the time the rule is promulgated under this chapter. (Added 1971, No. 205 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 205. Variances

§ 205. Variances
(a) In cases involving a work place, the Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance from a standard or any provision thereof promulgated in a rule, under the same terms, conditions, and criteria as the federal Secretary of Labor may under sections 6(b)(6) and (d) of the Act.
(b) The Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance, tolerance, or exemption to and from any or all provisions of the VOSHA Code as found necessary and proper to avoid serious impairment of the national defense. Such action shall not be taken without the written consent of a federal official authorized to make such variation, tolerance or exemption to and from any or all provisions of the Act. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 207. Trade secrets

§ 207. Trade secrets
All information reported to or otherwise obtained by the Commissioner or the Director, or their agents, in connection with any inspection or proceeding under this chapter or the VOSHA Code, which contains or might reveal a trade secret referred to in 18 U.S.C. § 1905 shall be considered confidential, except that such information may be disclosed to other officers or employees concerned in carrying out the provisions of this chapter or the VOSHA Code. In any proceeding, the Commissioner, Director, Board, or court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. (Added 1971, No. 205 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 208. Imminent danger

§ 208. Imminent danger
(a) Whenever the Commissioner finds that any workplace is in violation of any portion of the VOSHA Code or this chapter and that the violation creates a dangerous condition that can be reasonably expected to cause imminent death or serious physical harm, the Commissioner may order the workplace or any portion of the workplace to be immediately closed or order that steps be taken to avoid, correct, or remove the imminently dangerous conditions. The Commissioner may permit the presence of individuals necessary to avoid, correct, or remove the imminent danger, or to maintain the capacity of a continuous process operation to resume normal operations without complete cessation of operations, or where a cessation of operations is necessary, to permit it to be accomplished in a safe and orderly manner. On two business days’ notice to the Commissioner, an order issued under this section may be contested by filing a petition in Superior Court requesting dissolution or modification of the order. In that event, the court shall proceed to hear and to make an expeditious determination.
(b) In the event the court vacates or otherwise invalidates the Commissioner’s order based upon a finding of willful misconduct or gross negligence, the court may determine the amount of damages suffered by the employer on account of the issuance of the order and shall enter judgment in that amount for the employer.
(c) Any employer who violates an order of the Commissioner issued pursuant to subsection (a) of this section shall be fined not more than $5,000.00 per day.
(d) Notice of orders issued under this section shall be served by certified mail with return receipt requested or in person to all parties who have a recorded interest in the property where land records for the property are recorded, including owners, tenants, mortgagees, attaching creditors, lien holders, and public utilities or water companies serving the premises. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 10; 1985, No. 150 (Adj. Sess.), § 1; 2017, No. 11, § 50.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 209. Appeals

§ 209. Appeals
Except as to matters provided for in subchapter 5 of this chapter, a person aggrieved by an order or action of the Commissioner under this chapter, or a rule thereunder, may appeal to the Superior Court for the order or action within 20 days after the order is issued or the action is taken. In the Superior Court, the matter will be heard de novo. Appeal may be taken to the Supreme Court from the Superior Court. The Superior Court for the county within which the appellant resides or has a place of business shall have jurisdiction. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 221. State plan and cooperation

§ 221. State plan and cooperation
The State of Vermont desires to assume responsibility for the development and enforcement of occupational safety and health standards within the State. To that end the Commissioner shall submit plans and reports to the appropriate federal official or agency, under the provisions of the Occupational Safety and Health Act of 1970 (PL. 91-596), enacted by the Congress of the United States of America. The Department and the Division shall cooperate with the appropriate federal agencies in carrying out the purposes of the Act and the VOSHA Code. (Added 1971, No. 205 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 222. Application

§ 222. Application
The VOSHA Code shall apply with respect to employers, employees, and employment in or at a work place in the State of Vermont, except that:
(1) Standards applicable to products which are distributed or used in interstate commerce which are different from federal standards for such products shall not be promulgated under the VOSHA Code unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.
(2) Nothing in the VOSHA Code shall be construed to supersede or in any manner affect the workers’ compensation laws of this State pursuant to chapters 9 and 11 of this title, or enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of employment. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 12; 1981, No. 165 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 223. Duties

§ 223. Duties
(a) Each employer shall furnish to each of his or her employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or significant physical harm to his or her employees; and the employer shall comply with safety and health standards promulgated under the VOSHA Code.
(b) Each employee shall comply with the safety and health standards and all rules, regulations, and orders of the VOSHA Code which are applicable to his or her own actions or conduct. (Added 1971, No. 205 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 225. Citations

§ 225. Citations
(a)(1) If, upon inspection or investigation, the Commissioner or the Director or the agent of either of them finds that an employer has violated a requirement of the VOSHA Code, the Commissioner shall with reasonable promptness issue a citation to the employer and serve it on the employer by certified mail or in the same manner as a summons to the Superior Court. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions of the statute, standard, rule, or order alleged to have been violated, as well as the penalty, if any, proposed to be assessed pursuant to section 210 of this title. In addition, the citation shall fix a reasonable time for the abatement of the violation.
(2) By rule, the Commissioner shall adopt procedures for issuance of a notice in lieu of a citation with respect to de minimis violations that have no direct or immediate relationship to safety or health and for hearing interested parties before a civil penalty is assessed.
(b) Each citation issued under this section, or a copy or copies of the citation, shall be prominently posted, as prescribed in rules adopted by the Commissioner, at or near each place a violation referred to in the citation occurred or existed.
(c) A citation issued under this section may be served by an agent of the Commissioner, who shall make return in the same manner as sheriffs, deputy sheriffs, or constables make after serving a summons.
(d) A citation may not be issued after six months following the inspection or investigation that reveals the violation. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 54, § 69, eff. June 1, 2009; 2017, No. 148 (Adj. Sess.), § 6, eff. May 21, 2018.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 228. Reports

§ 228. Reports
(a) Employers shall keep and file all reports and records required under the Act, and any reports and records which the Commissioner or the Secretary of Human Services may require by rule.
(b) The Commissioner shall make such reports to the Secretary of Labor in such form and containing such information as the Secretary shall from time to time require.
(c)(1) Each employer shall make, keep, and preserve, and make available to the Secretary of the U.S. Department of Labor or the Secretary of Health and Human Services, such records regarding his or her activities relating to the Act as the Secretary of the U.S. Department of Labor, in cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of the Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this subdivision, such regulations may include provisions requiring employers to conduct periodic inspections. The Commissioner shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Code, including the provisions of applicable standards.
(2) The Commissioner in cooperation with the Secretary, shall issue regulations requiring employees to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 224 of this title. Such regulations shall provide employees or their representative with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his or her own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under section 224 of this title and shall inform any employee who is being thus exposed of the corrective action being taken. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 19.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 230. Occupational Safety and Health Review Board

§ 230. Occupational Safety and Health Review Board
(a) An Occupational Safety and Health Review Board is created. It shall consist of three members who shall be appointed by the Governor, with the advice and consent of the Senate. The members of the Board shall be appointed for terms of six years, but initially in a manner so that one term expires in two years, one term in four years, and one term in six years. Thereafter, biennially, in the month of February, with the advice and consent of the Senate, the Governor shall appoint a person as a member of such Board for the term of six years, whose term of office shall commence on March 1 of the year in which such appointment is made. The Governor, biennially, shall designate a member of such Board to be its Chair.
(b) With the approval of the Secretary of Administration, the Board may employ such employees as it deems necessary, and may without such approval employ and remove a clerk and a reporter for taking and transcribing testimony in hearings before it and such hearing judges as it deems necessary to hear appeals on behalf of the Board. Compensation for employees of the Board shall be fixed by the Commissioner of Human Resources. The hearing judge appointed by the Board shall hear, and make a determination upon, any proceeding instituted before the Board and any motion in connection therewith, assigned to such hearing judge by the Chair of the Board, and shall make a report of any such determination which constitutes his or her final disposition of the proceedings. The report of the hearing judge shall become the final order of the Board within 30 days after such report by the hearing examiner, unless within such period any Board member has directed that such report shall be reviewed by the Board.
(c) Every official act of the Board shall be entered on record, and its hearings and records shall be open to the public.
(d) The Board is authorized to make such rules as are necessary for the orderly transaction of its proceedings. Unless the Board has adopted a different rule, its proceedings shall be in accordance with the rules promulgated by the Supreme Court for the Superior Courts.
(e) The office of the Board shall be located in Montpelier, but proceedings shall be held at places within the State convenient to persons appearing before it.
(f) The compensation of members of the Board shall be fixed by the Commissioner of Human Resources.
(g) The Board shall be attached to the Governor’s office for administrative purposes. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 214 (Adj. Sess.), § 15; 1981, No. 34, § 1; 2003, No. 156 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 231. Employee rights

§ 231. Employee rights
(a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself, herself, or others of any right afforded by this chapter.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within 30 days after such violation occurs, file a complaint with the Commissioner alleging such discrimination. Upon receipt of such complaint, the Commissioner shall cause such investigation to be made as he or she deems appropriate. If upon such investigation, the Commissioner determines that the provisions of this section have been violated, he or she shall bring an action in any appropriate State court against such person. In any such action, the State courts shall have jurisdiction, for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief, including rehiring or reinstatement of the employee to his or her former position with back pay.
(c) Within 90 days of the receipt of a complaint filed under this section, the Commissioner shall notify the complainant of his or her determination under subsection (b) of this section. (Added 1973, No. 214 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 3 - Safety › § 232. Private right of action

§ 232. Private right of action
An employee aggrieved by a violation of section 231 of this title may bring an action in Superior Court for appropriate relief, including reinstatement, triple wages, damages, costs, and reasonable attorney’s fees. Such an action may be brought in addition to or in lieu of an action under section 231 of this title. (Added 1989, No. 164 (Adj. Sess.).)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 302. Definitions

§ 302. Definitions
For the purposes of this subchapter:
(1) “Employer” means any individual, organization, or governmental body, including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this State, and any agent of the employer, that has one or more individuals performing services for it within this State.
(2) “Employee” means every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services. (Amended 2007, No. 144 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 303. Penalty; judicial bureau

§ 303. Penalty; judicial bureau
Any employer who violates the provisions of this subchapter shall be assessed a civil penalty of not more than $100.00 for each and every violation. (Amended 2007, No. 144 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 304. Employment conditions

§ 304. Employment conditions
An employer shall provide an employee with reasonable opportunities during work periods to eat and to use toilet facilities in order to protect the health and hygiene of the employee. (Added 1997, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 305. Nursing mothers in the workplace

§ 305. Nursing mothers in the workplace
(a) For an employee who is a nursing mother, the employer shall for three years after the birth of a child:
(1) Provide reasonable time, either compensated or uncompensated, throughout the day to express breast milk for her nursing child. The decision to provide compensated time shall be in the sole discretion of the employer, unless modified by a collective bargaining agreement.
(2) Make a reasonable accommodation to provide appropriate private space that is not a bathroom stall.
(b) An employer may be exempted from the provisions of subsection (a) of this section if providing time or an appropriate private space for expressing breast milk would substantially disrupt the employer’s operations.
(c) An employer shall not retaliate or discriminate against an employee who exercises or attempts to exercise the rights provided under this section. The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section.
(d) In lieu of an enforcement action through the Vermont Judicial Bureau, the Attorney General or a State’s Attorney may enforce the provisions of this section by bringing a civil action for temporary or permanent injunctive relief, economic damages, including prospective lost wages for a period not to exceed one year, and investigative and court costs. The Attorney General or a State’s Attorney may conduct an investigation of an alleged violation and enter into a settlement agreement with the employer. Such investigation shall not be a prerequisite to bringing a court action. (Added 2007, No. 144 (Adj. Sess.), § 2; amended 2013, No. 31, § 4; 2017, No. 74, § 32.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 306. Public policy of the State of Vermont; employment separation agreements

§ 306. Public policy of the State of Vermont; employment separation agreements
In support of the State’s fundamental interest in protecting the safety of minors and vulnerable adults, as defined in 33 V.S.A. § 6902, it is the policy of the State of Vermont that no confidential employment separation agreement shall inhibit the disclosure to prospective employers and responsible licensing entities of factual information about a prospective employee’s background that would lead a reasonable person to conclude that the prospective employee has engaged in conduct jeopardizing the safety of a minor or vulnerable adult. Any provision in an agreement entered into on or after the effective date of this section that attempts to do so is void and unenforceable. (Added 2009, No. 157 (Adj. Sess.), § 17, eff. June 3, 2010; amended 2018, No. 5 (Sp. Sess.), § 4, eff. June 19, 2018.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 341. Definitions

§ 341. Definitions
As used in this subchapter:
(1) “Employee” means a person who has entered into the employment of an employer, where the employer is unable to show that:
(A) the individual has been and will continue to be free from control or direction over the performance of such services, both under the contract of service and in fact; and
(B) the service is either outside all the usual course of business for which such service is performed, or outside all the places of business of the enterprise for which such service is performed; and
(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business.
(2) “Employer” means any person having employees in his or her service.
(3) “Commissioner” means the Commissioner of Labor or designee.
(4) “Department” means the Department of Labor.
(5) “Wages” means all remuneration payable for services rendered by an employee, including salary, commissions, and incentive pay. (Amended 1963, No. 198, § 1; 1995, No. 184 (Act. Sess.), § 3; 2013, No. 15, § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 343. Form of payment

§ 343. Form of payment
An employer shall not pay employees with any form of evidence of indebtedness, including all scrip, vouchers, due bills, or store orders, unless the employer is in compliance with one or both of the following:
(1) The employer is a cooperative corporation in which the employee is a stockholder, in which case, the cooperative corporation shall, upon request of any shareholding employee, pay the shareholding employee as provided in section 342 of this title.
(2) Payment is made by check as defined in Title 9A or by an electronic fund transfer as provided in section 342 of this title. (Amended 1977, No. 244 (Adj. Sess.), § 4, eff. May 1, 1978; 2009, No. 115 (Adj. Sess.), § 1, eff. May 21, 2010.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 344. Assignment of future wages

§ 344. Assignment of future wages
An assignment of future wages payable under the provisions of section 342 of this title shall not be valid, if made to the employer from whom such wages are to become due, or to anyone in behalf of such employer, or if made or procured to be made to anyone for the purpose of relieving such employer from the obligation to pay under the provisions of section 342. Such employer shall not require an agreement from an employee to accept wages at any other period as a condition of employment.
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 345. Nonpayment of wages and benefits

§ 345. Nonpayment of wages and benefits
(a) Each employer who violates section 342, 343, 482, or 483 of this title shall be fined not more than $5,000.00. Where the employer is a corporation, the president or other officers who have control of the payment operations of the corporation shall be considered employers and liable to the employee for actual wages due when the officer has willfully and without good cause participated in knowing violations of this chapter.
(b) In addition to any other penalty or punishment otherwise prescribed by law, any employer who, pursuant to an oral or written employment agreement, is required to provide benefits to an employee shall be liable to the employee for actual damages caused by the failure to pay for the benefits, and where the failure to pay is knowing and willful and continues for 30 days after the payments are due shall be assessed a civil penalty by the Commissioner of not more than $5,000.00.
(c) The Commissioner may enforce collection of the fines assessed under this section in the Civil Division of the Superior Court. (Amended 1963, No. 188, § 1; 2013, No. 15, § 4; 2015, No. 69 (Adj. Sess.), § 5, eff. Jan. 1, 2017; 2017, No. 74, § 33.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 346. Enforcement by Attorney General; employee misclassification

§ 346. Enforcement by Attorney General; employee misclassification
(a) Following the referral of a complaint by the Commissioner of Labor pursuant to the provisions of section 3 of this title, the Attorney General may investigate a complaint that an employer has committed a willful, substantial, or systemic violation of section 342, 343, 348, 482, or 483 of this chapter by misclassifying an employee as an independent contractor and may enforce those provisions by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though the misclassification of an employee is an unfair act in commerce. Any employer complained against shall have the same rights and remedies as specified in 9 V.S.A. §§ 2458-2461. The Superior Court may impose the same civil penalties and investigation costs and order other relief to the State of Vermont or an aggrieved employee for the misclassification of an employee and any related violations of the provisions of this chapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Court may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.
(b)(1) The Attorney General shall share information and coordinate investigatory and enforcement resources with the Departments of Financial Regulation, of Labor, and of Taxes pursuant to the provisions of section 3 of this title.
(2) Upon receiving notice that the Attorney General has determined that an employer has committed a violation of section 342, 343, 348, 482, or 483 of this chapter by misclassifying an employee as an independent contractor, the Commissioners of Financial Regulation and of Taxes shall review whether the employer is in compliance with the insurance or tax laws that are under their jurisdiction. (Added 2019, No. 85 (Adj. Sess.), § 4, eff. Feb. 20, 2020; amended 2021, No. 20, § 216; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 347. Forfeiture

§ 347. Forfeiture
An employer who violates section 342 or 343 of this title shall forfeit to the individual injured twice the value thereof, to be recovered in a civil action, and all costs and reasonable attorney’s fees. However, an action may not be maintained under this section unless at the time the action is brought, the wages remain unpaid or improperly paid. (Amended 1977, No. 244 (Adj. Sess.), § 6, eff. May 1, 1978; 1979, No. 100 (Adj. Sess.), § 2; 2013, No. 15, § 6.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 348. Retaliation prohibited

§ 348. Retaliation prohibited
(a) An employer shall not discharge or in any other manner retaliate against an employee because:
(1) the employee lodged a complaint of a violation of this subchapter;
(2) the employee has cooperated with the Commissioner in an investigation of a violation of this subchapter; or
(3) the employer believes that the employee may lodge a complaint or cooperate in an investigation of a violation of this subchapter.
(b) Any person aggrieved by a violation of this section may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or benefits, reinstatement, costs, reasonable attorney’s fees, and other appropriate relief. (Added 2013, No. 15, § 8.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 383. Definitions

§ 383. Definitions
Terms used in this subchapter have the following meanings, unless a different meaning is clearly apparent from the language or context:
(1) “Commissioner,” the Commissioner of Labor or designee;
(2) “Employee,” any individual employed or permitted to work by an employer except:
(A) any individual employed in agriculture;
(B) any individual employed in domestic service in or about a private home;
(C) any individual employed by the United States;
(D) any individual employed in the activities of a public supported nonprofit organization, except laundry employees, nurses’ aides, or practical nurses;
(E) any individual employed in a bona fide executive, administrative, or professional capacity;
(F) any individual making home deliveries of newspapers or advertising;
(G) taxi-cab drivers;
(H) outside salespersons; and
(I) students working during all or any part of the school year or regular vacation periods.
(3) “Occupation,” an industry, trade, or business or branch thereof or class of work in which workers are gainfully employed.
(4) [Repealed.] (Amended 1959, No. 109, eff. April 14, 1959; 1967, No. 177, § 1, eff. April 17, 1967; 1977, No. 244 (Adj. Sess.), § 7, eff. May 1, 1978; 1985, No. 80, § 2; 1993, No. 227 (Adj. Sess.), § 34; 2001, No. 47, § 1; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 385. Administration

§ 385. Administration
The Commissioner and the Commissioner’s authorized representatives have full power and authority for all the following:
(1) To enforce and administer the provisions of this chapter, including the power to conduct investigations and take any other action considered necessary or suitable for the administration of this chapter. In the discharge of duties under this chapter, the Commissioner may administer oaths, take depositions, certify to official acts, subpoena witnesses, and compel production of any documents and records necessary and material to the administration of this chapter.
(2) To enter and inspect any place of business or employment, question any employees, and investigate any records, facts, conditions, or matters that are deemed appropriate and that in any way appertain to or have a bearing upon the question of wages due under the provisions of this chapter.
(3) To require from any employer full and correct statements in writing of the wages paid to all employees employed by that employer necessary to investigate and enforce the provisions of this chapter.
(4) To recommend and determine the amount of deductions for board, lodging, or other items or services supplied by the employer or any other conditions or circumstances as may be usual in a particular employer-employee relationship, including gratuities; provided, however, that in no case shall the total remuneration received by an employee, including wages, board, lodging, or other items or services supplied by the employer, including gratuities, be less than the minimum wage rate set forth in section 384 of this title. No deduction may be made for the care, cleaning, or maintenance of required apparel. No deduction for required apparel shall be made without the employee’s express written authorization and the deduction shall not:
(A) reduce the total remuneration received by an employee below the hourly minimum wage;
(B) include any administrative fees or charges; or
(C) amend, nullify, or violate the terms and conditions of any collective bargaining agreement.
(5) To recommend a suitable scale of rates for learners, apprentices, and persons with disabilities, which may be less than the regular minimum wage rate for experienced workers without disabilities. (Amended 2001, No. 47, § 2; 2005, No. 212 (Adj. Sess.), § 10, eff. May 29, 2006; 2007, No. 182 (Adj. Sess.), § 10, eff. June 2, 2008.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 387. Enforcement by Attorney General; employee misclassification

§ 387. Enforcement by Attorney General; employee misclassification
(a) Following the referral of a complaint by the Commissioner of Labor pursuant to the provisions of section 3 of this title, the Attorney General may investigate a complaint that an employer has committed a willful, substantial, or systemic violation of this subchapter by misclassifying an employee as an independent contractor and may enforce the provisions of this subchapter by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though the misclassification of an employee is an unfair act in commerce. Any employer complained against shall have the same rights and remedies as specified in 9 V.S.A. §§ 2458-2461. The Superior Court may impose the same civil penalties and investigation costs and order other relief to the State of Vermont or an aggrieved employee for the misclassification of an employee and any related violations of the provisions of this chapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Court may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.
(b)(1) The Attorney General shall share information and coordinate investigatory and enforcement resources with the Departments of Financial Regulation, of Labor, and of Taxes pursuant to the provisions of section 3 of this title.
(2) Upon receiving notice that the Attorney General has determined that an employer has committed a violation of this subchapter by misclassifying an employee as an independent contractor, the Commissioners of Financial Regulation and of Taxes shall review whether the employer is in compliance with the insurance or tax laws that are under their jurisdiction. (Added 2019, No. 85 (Adj. Sess.), § 6, eff. Feb. 20, 2020; amended 2021, No. 20, § 217; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 392. Court proceedings

§ 392. Court proceedings
If any employer covered by a wage order has failed to comply with the wage order within 14 days after receiving notification of the violation, the Commissioner shall take court action to enforce the order. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2001, No. 47, § 5; 2017, No. 11, § 51.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 393. Employers’ records

§ 393. Employers’ records
Every employer, subject to the provisions of this subchapter or of any regulation or order issued thereunder, shall keep a true and accurate record of the hours worked by each employee and of the wages paid to him or her and shall furnish to the Commissioner upon demand a sworn statement of the same. Such records shall be open to inspection by the Commissioner, his or her deputy, or any authorized agent of the Department at any reasonable time. Every employer subject to the provisions of this subchapter or of any regulation or order issued under the provisions thereof shall keep a copy of them posted in a conspicuous place in the area where employees are employed. The Commissioner shall furnish copies of such orders and regulations to employers without charge.
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 394. Penalties

§ 394. Penalties
(a) Any employer, subject to this subchapter or any regulations or orders issued thereunder, or any of the employer’s agents or the officer or agent of any corporation who pays or permits to be paid or agrees to pay to any employee engaged in any industry or occupation less than the applicable rate to which the employee is entitled under this subchapter, shall be fined not more than $100.00 for each day the employee is paid less than the rate required under this subchapter.
(b) Any employer or any of the employer’s agents or the officer or agent of any corporation who fails to keep the records required under this subchapter or refuses to permit the Commissioner to enter the place of business or who fails to furnish the records to the Commissioner upon demand shall be fined not more than $100.00. (Amended 2001, No. 47, § 6.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 395. Civil actions

§ 395. Civil actions
If any employee is paid by an employer less than the applicable wage rate to which the employee is entitled under this subchapter, the employee shall recover, in a civil action, twice the amount of the minimum wage less any amount actually paid by the employer, together with costs and reasonable attorney’s fees, and any agreement between an employer and an employee to work for less than the wage rates is no defense to the action. (Amended 2001, No. 47, § 7.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 396. Appeals from Commissioner’s decisions

§ 396. Appeals from Commissioner’s decisions
(a) Appeals to Superior Court wherein a civil action between the parties would be triable. Any person aggrieved by any decision of the Commissioner may appeal to the Superior Court.
(b) Procedure. The court shall direct the record in the matter appealed from to be laid before it, hear the evidence, and make such order approving in whole or in part or setting aside in whole or in part the decision appealed from as justice may require, and may refer any matter or issue arising in the proceedings to the Commissioner for further consideration. However, in no case shall such an appeal operate as a supersedeas or stay unless the Commissioner or the court to which such appeal is taken shall so order.
(c) Certifying record. An order of court to send up the record may be complied with by filing either the original papers or duly certified copies thereof, or of such portions thereof as the order may specify, together with a certified statement of such other facts as show the grounds of the action appealed from.
(d) Hearing. The court may take evidence or may appoint a referee to take such evidence as it may direct and to report the same with findings of fact.
(e) Costs. In any proceedings under this subchapter, the court may make such award of costs as may seem equitable and just.
(f) Appeal, Supreme Court. Appeal from the decision of the Superior Court may be had to the Supreme Court. (Amended 1971, No. 185 (Adj. Sess.), § 193, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 17, eff. Jan. 1, 1998.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 397. Retaliation prohibited

§ 397. Retaliation prohibited
(a) An employer shall not discharge or in any other manner retaliate against an employee because:
(1) the employee lodged a complaint of a violation of this subchapter;
(2) the employee has cooperated with the Commissioner in an investigation of a violation of this subchapter; or
(3) the employer believes that the employee may lodge a complaint or cooperate in an investigation of a violation of this subchapter.
(b) Any person aggrieved by a violation of this section may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or benefits, reinstatement, costs, reasonable attorney’s fees, and other appropriate relief. (Added 2013, No. 15, § 9.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 411. Definitions

§ 411. Definitions
As used in this subchapter:
(1) “Affected employees” means employees who may be expected to experience an employment loss as a consequence of a proposed or actual business closing or mass layoff by their employer.
(2) “Business closing” means:
(A) the permanent shutdown of a facility;
(B) the permanent cessation of operations at one or more worksites in the State that results in the layoff of 50 or more employees over a 90-day period; or
(C) the cessation of work or operations not scheduled to resume within 90 days that affects 50 or more employees.
(3) “Commissioner” means the Commissioner of Labor.
(4) “Department” means the Department of Labor.
(5) “Employer” means any person that employs:
(A) 50 or more full-time employees;
(B) 50 or more part-time employees who work at least 1,040 hours per employee per year; or
(C) a combination of 50 or more:
(i) full-time employees; and
(ii) part-time employees who work at least 1,040 hours per employee per year.
(6) “Employment loss” means the termination of employment that is the direct result of a business closing or mass layoff. An employee will not be considered to have suffered an employment loss if the employee is offered a transfer to a different site of employment within 35 miles; or if prior to the layoff notice to the employee, the employee voluntarily separates or retires or was separated by the employer for unsatisfactory performance or misconduct.
(7) “Mass layoff” means a permanent employment loss of at least 50 employees at one or more worksites in Vermont during any 90-day period. In determining whether a mass layoff has occurred or will occur, employment losses for two or more groups of employees, each of which is below this threshold but which in the aggregate exceed this threshold and which occur within any 90-day period shall be considered to be a mass layoff unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes.
(8) “Representative” means an exclusive bargaining agent as legally recognized under State or federal labor laws. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 412. Education and outreach

§ 412. Education and outreach
The Department and the Agency of Commerce and Community Development shall prepare information and materials for the purpose of informing and educating Vermont employers with regard to programs and resources that are available to assist with economic and workforce retention initiatives in order to avoid business closings and mass layoffs. The Department and the Agency of Commerce and Community Development shall also inform Vermont employers of the employers’ obligations that will be required for proper notice under the provisions of this subchapter. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. May 10, 2014.)