| 18 | | - | When any employer fails to pay an employee wages in accordance with the provisions of sections 31-71a to 31-71i, inclusive, or fails to compensate an employee in accordance with section 31-76k, or where an employee or a labor organization representing an employee institutes an action to enforce an arbitration award which requires an employer to make an employee whole or to make payments to an employee welfare fund, such employee or labor organization [may] shall recover, in a civil action, twice the full amount of such wages, with costs and such reasonable attorney's fees as may be allowed by the court, [and any] unless the employer establishes that the employer had a good faith belief that its underpayment of wages was in compliance with law. Any agreement between [him] an employee and his or her employer for payment of wages other than as specified in said sections shall be no defense to such action. The Labor Commissioner may collect the full amount of any such unpaid wages, payments due to an employee welfare fund or such arbitration award, as well as interest calculated in accordance with the provisions of section 31-265 from the date the wages or payment should have been received, had payment been made in a timely manner. In addition, the Labor Commissioner may bring any legal action necessary to recover twice the full amount of unpaid wages, payments due to an employee welfare fund or arbitration award, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner shall distribute any wages, arbitration awards or payments due to an employee welfare fund collected pursuant to this section to the appropriate person. |
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| 18 | + | (1) "Administrator of the Unemployment Compensation Fund" means the Labor Commissioner; |
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| 19 | + | |
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| 20 | + | (2) "Construction services" means any erection, excavation, installation, alteration, addition, modification, repair, improvement, demolition, destruction, dismantling or removal of all or any part of a building, structure, dock, wharf, surface or subsurface construction on or attached to any real property; |
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| 21 | + | |
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| 22 | + | (3) "Commissioner" means the Commissioner of Revenue Services; |
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| 23 | + | |
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| 24 | + | (4) "Construction services provider" means any person in the business of performing construction services that is paid by a payor for performing such services; |
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| 25 | + | |
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| 26 | + | (5) "Payor" means any person in the business of performing construction services that makes payment to a construction services provider; and |
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| 27 | + | |
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| 28 | + | (6) "Person" means an individual, individuals, firm, partnership, association, corporation, limited liability company, business trust, legal representative or organized group of persons. |
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| 29 | + | |
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| 30 | + | (b) Any payor that makes payment, other than wages, but including payment made for materials and equipment, in excess of six hundred dollars in any calendar year to a construction services provider shall provide notice of such payment to the construction services provider and the Commissioner of Revenue Services on a form prescribed by the commissioner. Such form shall be submitted by the payor on or before January thirty-first of the year following the calendar year in which such payment was made and shall include: (1) The name and address of the payor; (2) the name, address and tax identification number of the construction services provider; (3) the amount of such payment and the cumulative amount of all payments made by the payor to the construction services provider in the calendar year; and (4) any other information that the commissioner may require. |
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| 31 | + | |
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| 32 | + | (c) The commissioner shall transmit the notice submitted by the payor pursuant to subsection (b) of this section to the Administrator of the Unemployment Compensation Fund not later than the first day of the month following the calendar year in which the commissioner receives such notice. The commissioner may share any information contained in the notice with any other state or federal law enforcement agency. |
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| 33 | + | |
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| 34 | + | (d) Any payor that fails to provide notice to the construction services provider and the commissioner as required pursuant to subsection (b) of this section shall be fined not more than two hundred fifty dollars for each such failure. |
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| 35 | + | |
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| 36 | + | Sec. 2. Section 31-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): |
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| 37 | + | |
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| 38 | + | When any employer fails to pay an employee wages in accordance with the provisions of sections 31-71a to 31-71i, inclusive, or fails to compensate an employee in accordance with section 31-76k or where an employee or a labor organization representing an employee institutes an action to enforce an arbitration award which requires an employer to make an employee whole or to make payments to an employee welfare fund, unless the employer proves a good faith basis for believing that its underpayment of wages was in compliance with the law, such employee or labor organization [may] shall recover, in a civil action, twice the full amount of such wages, with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between him and his employer for payment of wages other than as specified in said sections shall be no defense to such action. The Labor Commissioner may collect the full amount of any such unpaid wages, payments due to an employee welfare fund or such arbitration award, as well as interest calculated in accordance with the provisions of section 31-265 from the date the wages or payment should have been received, had payment been made in a timely manner. In addition, the Labor Commissioner may bring any legal action necessary to recover twice the full amount of unpaid wages, payments due to an employee welfare fund or arbitration award, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner shall distribute any wages, arbitration awards or payments due to an employee welfare fund collected pursuant to this section to the appropriate person. |
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