| 30 | | - | (A) Any person, firm, business, educational institution, corporation, limited liability company or other entity that directly employs five hundred or more employees in the state in any one quarter in the previous year, which shall be determined on January first, annually. Such determination shall be made based upon the wage information submitted to the Labor Commissioner pursuant to subsection (j) of section 31-225a of the general statutes; or |
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| 42 | + | (c) On or before July 1, 2015, the Labor Commissioner shall adopt regulations, in accordance with chapter 54 of the general statutes, for the determination of and collection of fees pursuant to subsection (b) of this section. |
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| 36 | | - | (b) Any covered employer that employs, or whose franchisee employs, any employee (1) who was listed on such covered employer's or such franchisee's payroll for at least ninety calendar days prior to the completion of the most recent calendar quarter, and (2) whose wages paid by such covered employer, or such covered employer's franchisee, during such quarter were less than or equal to one hundred thirty per cent of the minimum fair wage, as described in section 31-58 of the general statutes, shall pay a fee to the Labor Commissioner for each such employee. Such fee shall be assessed quarterly and shall be equal to one dollar for each hour such employee worked for such covered employer during the previous quarter. Such fee shall not accrue until January 1, 2015. |
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| 37 | | - | |
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| 38 | | - | (c) The commissioner shall collect such fees from each covered employer not later than sixty days after the completion of the quarter in which such fees were assessed. The commissioner shall deposit such revenue derived therefrom with the State Treasurer who shall deposit such revenue in the General Fund. |
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| 39 | | - | |
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| 40 | | - | (d) On or before October 1, 2014, the Labor Commissioner shall adopt guidelines for the determination of and collection of fees pursuant to subsections (b) and (c) of this section. |
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| 41 | | - | |
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| 42 | | - | (e) Any covered employer aggrieved by the Labor Commissioner's determination of fees pursuant to subsection (b) of this section may file a complaint with the commissioner. Upon receipt of the complaint, the commissioner shall investigate such complaint and may hold a hearing. After the hearing, the commissioner shall send the covered employer a written copy of his or her decision. Any covered employer who prevails in such hearing shall be awarded reasonable attorney's fees and costs. Any covered employer aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54 of the general statutes. |
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| 43 | | - | |
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| 44 | | - | (f) A covered employer shall not designate, or cause such covered employee's franchisee to designate, an employee as an independent contractor or temporary employee, reduce an employee's hours of work or terminate an employee for the purpose of avoiding such covered employer's obligations under this section. |
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| 45 | | - | |
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| 46 | | - | (g) The Labor Commissioner may request the Attorney General to investigate any violation of subsection (b) or (f) of this section. Any information obtained pursuant to such investigation shall be exempt from disclosure under section 1-210 of the general statutes. If the Attorney General finds that a covered employer has violated or is violating any provision of subsection (b) or (f) of this section, the Attorney General may bring a civil action in the superior court for the judicial district of Hartford in the name of the state against such covered employer. |
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| 47 | | - | |
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| 48 | | - | (h) If any provision of this section or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. |
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| 49 | | - | |
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| 50 | | - | (i) Nothing in this section shall be construed to preempt or override the terms of any collective bargaining agreement effective prior to January 1, 2015. |
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| 51 | | - | |
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| 52 | | - | Sec. 2. (NEW) (Effective from passage) Not later than January 1, 2015, and annually thereafter, each employer that submits wage information to the Labor Commissioner pursuant to subsection (j) of section 31-225a of the general statutes shall indicate to the commissioner, on a form and in a manner prescribed by the commissioner, whether such employer is a franchisee, and if so, such employer shall provide to the commissioner the name and address of the franchisor that granted the franchise to such employer, and any other information as the commissioner may prescribe. |
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| 48 | + | (f) The commissioner may request the Attorney General to investigate any violation of subsection (b) or (e) of this section. Any information obtained pursuant to such investigation shall be exempt from disclosure under section 1-210 of the general statutes. If the Attorney General finds that a covered employer has violated or is violating any provision of subsection (b) or (e) of this section, the Attorney General may bring a civil action in the superior court for the judicial district of Hartford in the name of the state against such covered employer. |
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