Connecticut 2015 Regular Session

Connecticut House Bill HB06934 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 6934
2	2	January Session, 2015 LCO No. 4162
3	3	04162_______LAB
4	4	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
5	5	Introduced by:
6	6	(LAB)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 6934
11	11
12	12	January Session, 2015
13	13
14	14	LCO No. 4162
15	15
16	16	04162_______LAB
17	17
18	18	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
19	19
20	20	Introduced by:
21	21
22	22	(LAB)
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24	24	AN ACT CONCERNING WAGES PAID TO INDIVIDUALS PROVIDING FOOD, BUILDING, PROPERTY OR EQUIPMENT SERVICES TO MUNICIPALITIES.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. (NEW) (Effective from passage) As used in this section:
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30	30	(1) "Required employer" means any of the following providers of food, building, property or equipment services or maintenance whose rate of reimbursement or compensation is determined by contract or agreement with a municipality or board of education, or a municipal or board of education agent: (A) Building, property or equipment service companies; (B) management companies providing property management services; and (C) companies providing food preparation or service, or both;
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32	32	(2) "Municipal or board of education agent" means any municipal or board of education official, municipal or board of education employee or other person authorized to enter into a contract or agreement on behalf of any municipality or board of education in the state;
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34	34	(3) "Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives or organized groups of persons;
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36	36	(4) "Building, property or equipment service" means any janitorial, cleaning, maintenance or related service;
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38	38	(5) "Substantially equivalent rate of pay" means (A) the hourly wage rate inclusive of benefits as currently earned by employees of the municipality or board of education that perform similar duties as those offered under contract or agreement by a required employer, or (B) the hourly wage rate inclusive of benefits as currently earned by employees of required employers that have a current agreement or contract with the municipality or board of education to perform similar duties; and
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40	40	(6) "Standard rate of wages" means the hourly wage rate inclusive of benefits as determined by the Labor Commissioner in accordance with subsection (g) of section 31-57f of the general statutes.
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42	42	(b) On and after July 1, 2016, the wages paid on an hourly basis to any employee of a required employer in the provision of food, building, property or equipment services provided to a municipality or board of education pursuant to a contract or agreement with the municipality or board of education or any municipal or board of education agent, shall be not less than (1) a substantially equivalent rate of pay, or (2) the standard rate of wages, whichever is higher.
43	43
44	44	(c) Any contracting department of a municipality or board of education that believes a required employer or agent of such employer has violated the provisions of subsection (b) of this section shall notify the Labor Commissioner, in writing, of the name of the required employer or agent involved and the violations involved.
45	45
46	46	(d) (1) On receipt of a complaint by the contracting department of a municipality or board of education alleging a violation of subsection (b) of this section by a required employer or agent of such employer, the Labor Commissioner, the Director of Wage and Workplace Standards and wage enforcement agents of the Labor Department shall have the power to enter, during usual business hours, the place of business or employment of such required employer or agent of such employer to determine compliance with this section, and for such purpose may examine payroll and other records and interview employees, call hearings, administer oaths, take testimony under oath and take depositions in the manner provided by sections 52-148a to 52-148e, inclusive, of the general statutes. The commissioner or the director, for such purpose, may issue subpoenas for the attendance of witnesses and the production of books and records.
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48	48	(2) Any required employer, or an officer or agent of such employer, who refuses to admit the commissioner, the director or such agent to a place of employment or who hinders or delays the commissioner, the director or such agent in the performance of any duties in the enforcement of this section shall be fined not less than twenty-five dollars but not more than one hundred dollars, and each day of such failure to furnish time and wage records to the commissioner, the director or such agent shall constitute a separate offense, and each day of refusal of admittance, of hindering or of delaying the commissioner, the director or such agent shall constitute a separate offense.
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50	50	(3) Any required employer or agent of such required employer that violates subsection (b) of this section shall pay a civil penalty in an amount not less than two thousand five hundred dollars but not more than five thousand dollars for each offense.
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52	52	(e) The Labor Commissioner may make complaint to the proper prosecuting authorities for the violation of any provision of subsection (b) of this section.
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54	54	(f) Required employers with employees covered by collective bargaining agreements that call for wages and benefits that are reasonably related to the standard rate of wages shall not be economically disadvantaged in the bidding process, provided the collective bargaining agreement was arrived at through arms-length negotiations.
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56	56	(g) Each required employer subject to the provisions of this section shall (1) keep, maintain and preserve such records relating to the wages and hours worked by each employee and a schedule of the occupation or work classification at which each person is employed during each work day and week in such manner and form as the Labor Commissioner establishes to assure the proper payments due to such employees, and (2) annually or upon written request, submit to the contracting municipality or board of education or municipal or board of education agent a certified payroll that shall consist of a complete copy of such records accompanied by a statement signed by the employer indicating that (A) such records are correct, (B) the rate of wages paid to each employee is not less than the standard rate of wages or a substantially equivalent rate of pay, as the case may be, as required by this section, (C) such employer has complied with the provisions of this section, and (D) such employer is aware that filing a certified payroll that he or she knows to be false is a class D felony for which such employer may be fined not more than five thousand dollars or imprisoned not more than five years, or both. Notwithstanding the provisions of section 1-210 of the general statutes, the certified payroll shall be considered a public record and every person shall have the right to inspect and copy such record in accordance with the provisions of section 1-212 of the general statutes. The provisions of subsections (a) and (b) of section 31-59 of the general statutes, section 31-66 of the general statutes and section 31-69 of the general statutes that are not inconsistent with the provisions of this section shall apply. Any person who files a false certified payroll in violation of subdivision (2) of this subsection shall be guilty of a class D felony for which such person may be fined not more than five thousand dollars or imprisoned not more than five years, or both.
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58	58	(h) Any required employer that pays a municipality or board of education for a franchise to provide food preparation or service, or both, for the municipality or board of education shall be required to certify that the rate of wages paid to each employee is not less than the standard rate of wages or a substantially equivalent rate of pay, as the case may be, provided, if no prevailing rate of wages or benefits was in effect at the time the state entered into a franchise agreement, then the employer shall not be required to pay the prevailing rate of wages or benefits during the life of the agreement, unless the agreement is amended, extended or renewed.
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60	60	(i) The Labor Commissioner may adopt regulations, in accordance with chapter 54 of the general statutes, to carry out the provisions of this act.
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62	62	(j) The provisions of this section and any regulation adopted pursuant to subsection (i) of this section shall not apply to any contract or agreement entered into before July 1, 2015.
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67	67	This act shall take effect as follows and shall amend the following sections:
68	68	Section 1 from passage New section
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70	70	This act shall take effect as follows and shall amend the following sections:
71	71
72	72	Section 1
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74	74	from passage
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76	76	New section
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78	78	Statement of Purpose:
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80	80	To require certain employers who contract with a municipality or board of education to provide food, building, property or equipment services or maintenance to pay their employees the standard rate of wages or at a rate that is substantially equivalent to that of other like employees, whichever is higher.
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82	82	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]