General Assembly Substitute Bill No. 1075
January Session, 2013 *_____SB01075JUD___051413____*
General Assembly
Substitute Bill No. 1075
January Session, 2013
*_____SB01075JUD___051413____*
AN ACT CONCERNING CIVIL ACTIONS AGAINST AN EMPLOYER FOR FAILURE TO PAY WAGES OR COMPENSATION OR MAKE PAYMENTS TO AN EMPLOYEE WELFARE FUND.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 31-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 31-72
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
31-72
JUD Joint Favorable Subst.
JUD
Joint Favorable Subst.