CT
Connecticut House Bill HB07501

Connecticut 2019 Regular Session

Connecticut House Bill HB07501 Compare Versions

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1+
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3+LCO No. 11290 1 of 13
4+
5+General Assembly Bill No. 7501
6+July 22 Special Session, 2019
7+LCO No. 11290
8+
9+
10+Referred to Committee on No Committee
11+
12+
13+Introduced by:
14+REP. ARESIMOWICZ, 30
15+th
16+ Dist.
17+REP. RITTER M., 1
18+st
19+ Dist.
20+SEN. LOONEY, 11
21+th
22+ Dist.
23+
24+SEN. DUFF, 25
25+th
26+ Dist.
27+SEN. FASANO, 34
28+th
29+ Dist.
30+REP. KLARIDES, 114
31+th
32+ Dist.
133
234
335
4-House Bill No. 7501
5-
6-July 22 Special Session, Public Act No. 19-1
736
837
9-AN ACT CONCERNING TH E WORKFORCE TRAINING NEEDS IN
10-THE STATE AND REVISI ONS TO AND REGULATIO N OF
11-GRATUITIES PERMITTED OR APPLIED AS PART OF THE MINIMUM
12-FAIR WAGE.
38+AN ACT CONCERNING TH E WORKFORCE TRAINING NEEDS IN THE
39+STATE AND REVISIONS TO AND REGULATION OF GRATUITIES
40+PERMITTED OR APPLIED AS PART OF THE MINIMUM FAIR WAG E.
1341 Be it enacted by the Senate and House of Representatives in General
1442 Assembly convened:
1543
16-Section 1. Section 31-11hh of the general statutes is repealed and the
17-following is substituted in lieu thereof (Effective May 1, 2020):
18-As used in this section and sections 31-11ii and 31-11jj, as amended
19-by this act:
20-(1) "Administrative costs" means the costs paid or incurred by the
21-administrator, including, but not limited to, peer review costs,
22-professional fees, allocated staff costs and other out-of-pocket costs
23-attributable to the administration and operation of the Workforce
24-Training Authority Fund;
25-(2) "Administrator" means the [Department of] Labor Commissioner;
26-(3) "Board" means the Workforce Training Authority established
27-pursuant to section 31-11ii, as amended by this act; and
28-(4) "Eligible recipient" means a [business] public or private entity [,
29-including, but not limited to, those businesses in the bioscience, House Bill No. 7501
44+Section 1. Section 31-11hh of the general statutes is repealed and the 1
45+following is substituted in lieu thereof (Effective May 1, 2020): 2
46+As used in this section and sections 31-11ii and 31-11jj, as amended 3
47+by this act: 4
48+(1) "Administrative costs" means the costs paid or incurred by the 5
49+administrator, including, but not limited to, peer review costs, 6
50+professional fees, allocated staff costs and other out-of-pocket costs 7
51+attributable to the administration and operation of the Workforce 8
52+Training Authority Fund; 9
53+(2) "Administrator" means the [Department of] Labor 10
54+Bill No.
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31-July 22, 2019 Sp. Sess., Public Act No. 19-1 2 of 13
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33-insurance, financial services, advanced manufacturing, digital media,
34-green technology and tourism industry sectors] seeking to develop a
35-workforce training program, either to grow an existing business or, in
36-the case of a public entity, as part of partnership with business entities
37-that have made a commitment to hire successful trainees from the
38-workforce training program funded by the authority created by section
39-31-11ii, as amended by this act.
40-Sec. 2. Section 31-11ii of the general statutes is repealed and the
41-following is substituted in lieu thereof (Effective May 1, 2020):
42-(a) There is established a Workforce Training Authority [that] within
43-the Labor Department whose purpose is to oversee the grant program
44-described in section 31-11jj, as amended by this act. The Workforce
45-Training Authority shall be composed of a board that:
46-(1) Until April 30, 2020, shall consist of the following members: [(1)]
47-(A) Four appointed by the Governor; [(2)] (B) one appointed by the
48-president pro tempore of the Senate; [(3)] (C) one appointed by the
49-Senate Republican president pro tempore; [(4)] (D) one appointed by the
50-speaker of the House of Representatives; [(5)] (E) one appointed by the
51-majority leader of the Senate; [(6)] (F) one appointed by the majority
52-leader of the House of Representatives; [(7)] (G) one appointed by the
53-minority leader of the Senate; [(8)] (H) one appointed by the minority
54-leader of the House of Representatives; [(9)] (I) the Labor Commissioner,
55-or the commissioner's designee, who shall serve as the chairperson of
56-the board; [(10)] (J) the Commissioner of [the Department of] Economic
57-and Community Development, or the commissioner's designee; [(11)]
58-(K) the president of the Connecticut State Colleges and Universities, or
59-the president's designee; [(12)] (L) the president of The University of
60-Connecticut, or the president's designee; and [(13)] (M) the
61-Commissioner of Correction, or the commissioner's designee. [Each
62-legislatively appointed member shall have skill, knowledge or
63-experience in industries and sciences related to insurance, financial House Bill No. 7501
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67-services, bioscience, advance manufacturing, digital media, green
68-technology, and tourism. All initial appointments to the board pursuant
69-to this subsection shall be made not later than October 1, 2017.
70-Appointed members shall each serve a term that is coterminous with the
71-respective appointing authority. Each member shall hold office until a
72-successor is appointed. Any vacancy occurring on the board, other than
73-by expiration of term, shall be filled in the same manner as the original
74-appointment for the balance of the unexpired term.] The term of any
75-member appointed under this subdivision shall terminate on April 30,
76-2020;
77-(2) On and after May 1, 2020, shall consist of the following members:
78-(A) Four appointed by the Governor, one of whom is a representative of
79-a community college, one of whom is a representative of a state
80-university, one of whom is a representative of The University of
81-Connecticut and one of whom is a representative of the independent
82-colleges; (B) two appointed by the president pro tempore of the Senate,
83-one of whom is a formerly incarcerated individual or someone who
84-helps formerly incarcerated individuals find employment and one of
85-whom is a representative of the Connecticut AFL-CIO; (C) two
86-appointed by the majority leader of the Senate, one of whom is a
87-representative of a workforce investment board and one of whom is a
88-representative of the Connecticut State Building and Construction
89-Trades Council; (D) two appointed by the speaker of the House of
90-Representatives, one of whom is a representative of The University of
91-Connecticut Health Center and one of whom is a representative from a
92-Connecticut affiliate of the National Urban League or the National
93-Association for the Advancement of Colored People; (E) two appointed
94-by the majority leader of the House of Representatives, one of whom is
95-a representative of the Connecticut Center for Advanced Technology
96-and one of whom is a representative of a Connecticut chamber of the
97-United States Hispanic Chamber of Commerce; (F) two appointed by
98-the minority leader of the Senate, one of whom has skill, knowledge or House Bill No. 7501
60+Commissioner; 11
61+(3) "Board" means the Workforce Training Authority established 12
62+pursuant to section 31-11ii, as amended by this act; and 13
63+(4) "Eligible recipient" means a [business] public or private entity [, 14
64+including, but not limited to, those businesses in the bioscience, 15
65+insurance, financial services, advanced manufacturing, digital media, 16
66+green technology and tourism industry sectors] seeking to develop a 17
67+workforce training program, either to grow an existing business or, in 18
68+the case of a public entity, as part of partnership with business entities 19
69+that have made a commitment to hire successful trainees from the 20
70+workforce training program funded by the authority created by section 21
71+31-11ii, as amended by this act. 22
72+Sec. 2. Section 31-11ii of the general statutes is repealed and the 23
73+following is substituted in lieu thereof (Effective May 1, 2020): 24
74+(a) There is established a Workforce Training Authority [that] 25
75+within the Labor Department whose purpose is to oversee the grant 26
76+program described in section 31-11jj, as amended by this act. The 27
77+Workforce Training Authority shall be composed of a board that: 28
78+(1) Until April 30, 2020, shall consist of the following members: [(1)] 29
79+(A) Four appointed by the Governor; [(2)] (B) one appointed by the 30
80+president pro tempore of the Senate; [(3)] (C) one appointed by the 31
81+Senate Republican president pro tempore; [(4)] (D) one appointed by 32
82+the speaker of the House of Representatives; [(5)] (E) one appointed by 33
83+the majority leader of the Senate; [(6)] (F) one appointed by the 34
84+majority leader of the House of Representatives; [(7)] (G) one 35
85+appointed by the minority leader of the Senate; [(8)] (H) one appointed 36
86+by the minority leader of the House of Representatives; [(9)] (I) the 37
87+Labor Commissioner, or the commissioner's designee, who shall serve 38
88+as the chairperson of the board; [(10)] (J) the Commissioner of [the 39
89+Department of] Economic and Community Development, or the 40
90+commissioner's designee; [(11)] (K) the president of the Connecticut 41
91+Bill No.
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102-expertise in the workforce needs of the financial services industry and
103-one of whom is a representative from the Connecticut Business and
104-Industry Association Manufacturers Advisory Council; (G) two
105-appointed by the minority leader of the House of Representatives, one
106-of whom is a representative from the Connecticut Association of Public
107-School Superintendents and one of whom has skill, knowledge and
108-expertise in the workforce needs of the digital media industry; (H) the
109-Labor Commissioner, or the commissioner's designee, who shall serve
110-as chairperson of the board; (I) the Commissioner of Economic and
111-Community Development, or the commissioner's designee; (J) the
112-Commissioner of Correction, or the commissioner's designee; (K) the
113-superintendent of the Technical Education and Career System, or the
114-superintendent's designee; and (L) the Commissioner of Agriculture, or
115-the commissioner's designee.
116-(b) All initial appointments to the board pursuant to subdivision (2)
117-of subsection (a) of this section shall be made not later than July 1, 2020.
118-Appointed members shall each serve a term that is coterminous with the
119-respective appointing authority. Each member shall hold office until a
120-successor is appointed. Any vacancy occurring on the board, other than
121-by expiration of term, shall be filled in the same manner as the original
122-appointment for the balance of the unexpired term.
123-[(b)] (c) The chairperson shall call the first meeting of the board
124-appointed under subdivision (2) of subsection (a) of this section not later
125-than [December 1, 2017] July 1, 2020. The board shall meet at such times
126-as the chairperson deems necessary.
127-[(c)] (d) No member of the board shall receive compensation for such
128-member's services.
129-[(d)] (e) A majority of the members of said board shall constitute a
130-quorum for the transaction of any business or the exercise of any power
131-of the board. The board may act by a majority of the members present House Bill No. 7501
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135-at any meeting at which a quorum is in attendance for the transaction of
136-any business or the exercise of any power of the board, except as
137-otherwise provided in this section.
138-[(e)] (f) Notwithstanding any provision of the general statutes, it shall
139-not constitute a conflict of interest for a trustee, director, partner, officer,
140-manager, shareholder, proprietor, counsel, public official acting in his
141-or her official capacity or employee of an eligible recipient, or any
142-individual with a financial interest in an eligible recipient, to serve as a
143-member of the board, provided such trustee, director, partner, officer,
144-manager, shareholder, proprietor, counsel, employee or individual shall
145-abstain from deliberation, action or vote by the board concerning any
146-matter relating to such eligible recipient, except such public official
147-acting in his or her official capacity shall be permitted to engage in such
148-deliberation.
149-[(f)] (g) The board may develop industry-specific advisory councils
150-to provide guidance on job market trends and develop connections with
151-the business community.
152-Sec. 3. Section 31-11jj of the general statutes is repealed and the
153-following is substituted in lieu thereof (Effective May 1, 2020):
154-(a) There is established the Workforce Training Authority Fund,
155-which shall be an account [in the Department of] within the Labor
156-Department. The following moneys shall be deposited in the fund: (1)
157-Any moneys received as part of a memorandum of understanding with
158-the Workforce Training Authority; (2) all private contributions, gifts,
159-grants, donations, bequests or devises received by the fund; and (3) to
160-the extent not otherwise prohibited by state or federal law, any local,
161-state or federal funds received by the fund.
162-(b) The Workforce Training Authority Fund shall be used by the
163-administrator: (1) To provide training assistance to eligible recipients as House Bill No. 7501
97+State Colleges and Universities, or the president's designee; [(12)] (L) 42
98+the president of The University of Connecticut, or the president's 43
99+designee; and [(13)] (M) the Commissioner of Correction, or the 44
100+commissioner's designee. [Each legislatively appointed member shall 45
101+have skill, knowledge or experience in industries and sciences related 46
102+to insurance, financial services, bioscience, advance manufacturing, 47
103+digital media, green technology, and tourism. All initial appointments 48
104+to the board pursuant to this subsection shall be made not later than 49
105+October 1, 2017. Appointed members shall each serve a term that is 50
106+coterminous with the respective appointing authority. Each member 51
107+shall hold office until a successor is appointed. Any vacancy occurring 52
108+on the board, other than by expiration of term, shall be filled in the 53
109+same manner as the original appointment for the balance of the 54
110+unexpired term.] The term of any member appointed under this 55
111+subdivision shall terminate on April 30, 2020; 56
112+(2) On and after May 1, 2020, shall consist of the following members: 57
113+(A) Four appointed by the Governor, one of whom is a representative 58
114+of a community college, one of whom is a representative of a state 59
115+university, one of whom is a representative of The University of 60
116+Connecticut and one of whom is a representative of the independent 61
117+colleges; (B) two appointed by the president pro tempore of the Senate, 62
118+one of whom is a formerly incarcerated individual or someone who 63
119+helps formerly incarcerated individuals find employment and one of 64
120+whom is a representative of the Connecticut AFL-CIO; (C) two 65
121+appointed by the majority leader of the Senate, one of whom is a 66
122+representative of a workforce investment board and one of whom is a 67
123+representative of the Connecticut State Building and Construction 68
124+Trades Council; (D) two appointed by the speaker of the House of 69
125+Representatives, one of whom is a representative of The University of 70
126+Connecticut Health Center and one of whom is a representative from a 71
127+Connecticut affiliate of the National Urban League or the National 72
128+Association for the Advancement of Colored People; (E) two 73
129+appointed by the majority leader of the House of Representatives, one 74
130+Bill No.
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167-may be approved by the Workforce Training Authority pursuant to
168-subsection (e) of this section, and (2) to pay or reimburse the
169-administrator for administrative costs pursuant to subsection [(c)] (h) of
170-this section. Such training assistance shall be awarded for the purpose
171-of: Developing and implementing training programs for the recruitment
172-of businesses to the state and the training or retraining of persons in the
173-state to achieve the workforce goals established by the Connecticut
174-Employment and Training Commission and the relevant sections of the
175-strategic master plan for higher education developed pursuant to
176-section 10a-11b. Training assistance shall target job growth in the areas
177-of construction, health care, early childhood education, insurance,
178-financial services, bioscience, advance manufacturing, digital media,
179-green technology, and tourism.
180-(c) All expenditures from the Workforce Training Authority Fund,
181-except for administrative costs reimbursed to the administrator
182-pursuant to subsection (h) of this section, shall be approved by the
183-board, provided the board may delegate to staff of the administrator the
184-approval of transactions not greater than one hundred thousand dollars.
185-Any such approval by the board shall be (1) specific to an individual
186-expenditure to be made; (2) for budgeted expenditures with such
187-variations as the board may authorize at the time of such budget
188-approval; or (3) for training assistance programs to be administered by
189-staff of the administrator, subject to limits, eligibility requirements and
190-other conditions established by the Workforce Training Authority at the
191-time of such program approval.
192-(d) The administrator shall provide any necessary staff, office space,
193-office systems and administrative support for the operation of the
194-Workforce Training Authority Fund in accordance with this section. In
195-acting as administrator of the fund, the Labor [Department]
196-Commissioner shall have and may exercise all of the powers set forth in
197-the general statutes, provided expenditures from the fund shall be House Bill No. 7501
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201-approved by the Workforce Training Authority pursuant to subsection
202-(c) of this section.
203-(e) The Workforce Training Authority shall establish an application
204-and approval process with guidelines and terms for the development
205-and implementation of training programs and training assistance
206-awarded by the administrator from the Workforce Training Authority
207-Fund to any eligible recipient. Such guidelines and terms shall include:
208-(1) A requirement that any applicant for training assistance operate in
209-the state or propose to relocate operations to the state, in whole or in
210-part, as a condition of such training assistance; (2) eligibility
211-requirements for training, including a requirement for applicants to
212-obtain [matching] funds or in-kind services from nonstate sources; (3) a
213-process for preliminary review of applications for strength and
214-eligibility by the administrator before such applications are presented to
215-the board for consideration; (4) return on investment objectives,
216-including, but not limited to, job growth and leveraged investment
217-opportunities; (5) a requirement that any [business] entity that receives
218-assistance [must] first consider applicants who have completed the
219-universal intake form; and (6) such other guidelines and terms as the
220-board determines to be necessary and appropriate in furtherance of the
221-objectives of this section. In developing such guidelines, the board shall
222-include considerations for the size of such [businesses] entities and the
223-number of workers employed by such [businesses] entities.
224-Additionally, the board shall give consideration to developing training
225-programs and creating career pathways for women, minorities and soon
226-to be released and formerly incarcerated individuals.
227-(f) Training assistance awarded to eligible recipients from the
228-Workforce Training Authority Fund [to eligible recipients] shall be used
229-for costs related to facilities, necessary furniture, fixtures and
230-equipment, development of programs, implementation of training
231-programs, materials and supplies, compensation, apprenticeship and House Bill No. 7501
136+of whom is a representative of the Connecticut Center for Advanced 75
137+Technology and one of whom is a representative of a Connecticut 76
138+chamber of the United States Hispanic Chamber of Commerce; (F) two 77
139+appointed by the minority leader of the Senate, one of whom has skill, 78
140+knowledge or expertise in the workforce needs of the financial services 79
141+industry and one of whom is a representative from the Connecticut 80
142+Business and Industry Association Manufacturers Advisory Council; 81
143+(G) two appointed by the minority leader of the House of 82
144+Representatives, one of whom is a representative from the Connecticut 83
145+Association of Public School Superintendents and one of whom has 84
146+skill, knowledge and expertise in the workforce needs of the digital 85
147+media industry; (H) the Labor Commissioner, or the commissioner's 86
148+designee, who shall serve as chairperson of the board; (I) the 87
149+Commissioner of Economic and Community Development, or the 88
150+commissioner's designee; (J) the Commissioner of Correction, or the 89
151+commissioner's designee; (K) the superintendent of the Technical 90
152+Education and Career System, or the superintendent's designee; and 91
153+(L) the Commissioner of Agriculture, or the commissioner's designee. 92
154+(b) All initial appointments to the board pursuant to subdivision (2) 93
155+of subsection (a) of this section shall be made not later than July 1, 94
156+2020. Appointed members shall each serve a term that is coterminous 95
157+with the respective appointing authority. Each member shall hold 96
158+office until a successor is appointed. Any vacancy occurring on the 97
159+board, other than by expiration of term, shall be filled in the same 98
160+manner as the original appointment for the balance of the unexpired 99
161+term. 100
162+[(b)] (c) The chairperson shall call the first meeting of the board 101
163+appointed under subdivision (2) of subsection (a) of this section not 102
164+later than [December 1, 2017] July 1, 2020. The board shall meet at such 103
165+times as the chairperson deems necessary. 104
166+[(c)] (d) No member of the board shall receive compensation for 105
167+such member's services. 106
168+Bill No.
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235-such other costs that the Workforce Training Authority [Board]
236-determines [pursuant to subsection (e) of this section] to be eligible for
237-training assistance within the purposes of this section pursuant to
238-subsection (e) of this section.
239-(g) On July 1, 2018, and prior to [each] the commencement of the next
240-fiscal year thereafter, the administrator shall prepare a plan of
241-operations and an operating and capital budget for the Workforce
242-Training Authority Fund, provided not later than ninety days prior to
243-the start of each fiscal year, the administrator shall submit such plan and
244-budget to the board of the Workforce Training Authority [Board] for its
245-review and approval.
246-(h) Administrative costs shall be paid or reimbursed to the
247-administrator from the Workforce Training Authority Fund, provided
248-the total of such administrative costs in any fiscal year shall not exceed
249-five per cent of the total amount of the allotted funding for such fiscal
250-year, as determined in the operating budget prepared pursuant to
251-subsection (g) of this section. Nothing in this section shall be [deemed]
252-construed to require the administrator to risk or expend the funds of the
253-Labor Department in connection with the administration of the
254-Workforce Training Authority Fund.
255-(i) On January 1, 2019, and annually thereafter, the administrator
256-shall provide a report of the [activities] expenditures of the Workforce
257-Training Authority Fund to the Workforce Training Authority for the
258-board's review and approval. Upon such approval, the board shall
259-provide such report, in accordance with the provisions of section 11-4a,
260-to the joint standing committees of the General Assembly having
261-cognizance of matters relating to labor, commerce and employment
262-advancement. Such report shall contain available information on the
263-status and progress of the operations of the programs funded by and
264-[funding] resources of the Workforce Training Authority Fund and the
265-types, amounts and recipients of financial assistance awarded. House Bill No. 7501
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269-(j) The administrator shall consult with the office of apprenticeship
270-training, the Connecticut Employment and Training Commission, the
271-Planning Commission on Higher Education and the administrator of the
272-Connecticut Manufacturing Innovation Fund to ensure coordination
273-and compatibility of the development and implementation of training
274-programs awarded by the Workforce Training Authority. [Fund.]
275-Sec. 4. (Effective from passage) (a) Not later than May 1, 2020, the Labor
276-Department, in collaboration with workforce development boards
277-within the state, shall conduct a study of programs offered to
278-individuals seeking employment within the state. The topics of such
279-study shall include, but not be limited to:
280-(1) The location, ownership and management of workforce
281-development board offices within the state;
282-(2) The number of employees dedicated to assisting individuals
283-seeking employment in each American Job Center office;
284-(3) The number of individuals seeking employment who are served
285-through each American Job Center office and by which program on an
286-annual basis;
287-(4) The number of employers, classified by industry, that utilize
288-workforce development boards throughout the state;
289-(5) The number of individuals who successfully find employment
290-through the American Job Centers and the nature of that employment,
291-classified by industry;
292-(6) The number of individuals who successfully found employment,
293-then lost that employment, who re-enrolled in an American Job Center
294-program;
295-(7) The type of training programs; House Bill No. 7501
174+[(d)] (e) A majority of the members of said board shall constitute a 107
175+quorum for the transaction of any business or the exercise of any 108
176+power of the board. The board may act by a majority of the members 109
177+present at any meeting at which a quorum is in attendance for the 110
178+transaction of any business or the exercise of any power of the board, 111
179+except as otherwise provided in this section. 112
180+[(e)] (f) Notwithstanding any provision of the general statutes, it 113
181+shall not constitute a conflict of interest for a trustee, director, partner, 114
182+officer, manager, shareholder, proprietor, counsel, public official acting 115
183+in his or her official capacity or employee of an eligible recipient, or 116
184+any individual with a financial interest in an eligible recipient, to serve 117
185+as a member of the board, provided such trustee, director, partner, 118
186+officer, manager, shareholder, proprietor, counsel, employee or 119
187+individual shall abstain from deliberation, action or vote by the board 120
188+concerning any matter relating to such eligible recipient, except such 121
189+public official acting in his or her official capacity shall be permitted to 122
190+engage in such deliberation. 123
191+[(f)] (g) The board may develop industry-specific advisory councils 124
192+to provide guidance on job market trends and develop connections 125
193+with the business community. 126
194+Sec. 3. Section 31-11jj of the general statutes is repealed and the 127
195+following is substituted in lieu thereof (Effective May 1, 2020): 128
196+(a) There is established the Workforce Training Authority Fund, 129
197+which shall be an account [in the Department of] within the Labor 130
198+Department. The following moneys shall be deposited in the fund: (1) 131
199+Any moneys received as part of a memorandum of understanding 132
200+with the Workforce Training Authority; (2) all private contributions, 133
201+gifts, grants, donations, bequests or devises received by the fund; and 134
202+(3) to the extent not otherwise prohibited by state or federal law, any 135
203+local, state or federal funds received by the fund. 136
204+(b) The Workforce Training Authority Fund shall be used by the 137
205+Bill No.
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299-(8) Whether activities offered by individual workforce development
300-boards are planned in conjunction with the department to maximize
301-efficiency and avoid duplication of resources;
302-(9) The funding sources for each workforce development board and
303-any in-kind contributions offered by the state including, but not limited
304-to, office space, utilities and equipment;
305-(10) Whether an individual seeking employment can simultaneously
306-participate in a state-operated employment program through the
307-department and a workforce development board program;
308-(11) The methods by which the department and workforce
309-development boards coordinate employment programs in each region
310-of the state; and
311-(12) The methods by which workforce development boards report to
312-the department and whether the resources currently allocated to the
313-workforce development boards by the department are adequate for the
314-operation of the programs offered by the workforce development
315-boards.
316-(b) Not later than January 1, 2021, the department shall submit, in
317-accordance with the provisions of section 11-4a of the general statutes,
318-a report to the joint standing committee of the General Assembly having
319-cognizance of matters relating to labor detailing the findings of the
320-study conducted pursuant to subsection (a) of this section.
321-Sec. 5. (NEW) (Effective from passage) Not later than April 1, 2020, the
322-Labor Commissioner shall post on the eRegulations System a notice of
323-intent to adopt regulations, in accordance with the provisions of chapter
324-54 of the general statutes, concerning employees who perform both
325-service and nonservice duties and allowances for gratuities permitted or
326-applied as part of the minimum fair wage pursuant to section 31-60 of
327-the general statutes. The Labor Commissioner shall consult with House Bill No. 7501
328208
329-July 22, 2019 Sp. Sess., Public Act No. 19-1 11 of 13
209+LCO No. 11290 6 of 13
330210
331-representatives of the restaurant industry, restaurant employees, service
332-employees and other interested stakeholders prior to posting such
333-notice. Such notice shall also provide for the repeal of section 31-62-E4
334-of the regulations of Connecticut state agencies upon the effective date
335-of regulations adopted pursuant to this section. Regulations adopted
336-pursuant to this section shall be: (1) In accordance with the Fair Labor
337-Standards Act, 29 USC 203(m)(2) and 29 CFR 531.56(e), as interpreted
338-by Section 30d00(e) of the federal Department of Labor's Field
339-Operations Handbook, prior to November 8, 2018, which was
340-previously referred to as the "80/20 rule", and (2) effective when posted
341-to the eRegulations System web site by the Secretary of the State.
342-Sec. 6. Subsection (a) of section 31-68 of the general statutes is
343-repealed and the following is substituted in lieu thereof (Effective from
344-passage):
345-(a) (1) If any employee is paid by his or her employer less than the
346-minimum fair wage or overtime wage to which he or she is entitled
347-under sections 31-58, 31-59 and 31-60 or by virtue of a minimum fair
348-wage order he or she shall recover, in a civil action, [(1)] (A) twice the
349-full amount of such minimum wage or overtime wage less any amount
350-actually paid to him or her by the employer, with costs and such
351-reasonable attorney's fees as may be allowed by the court, or [(2)] (B) if
352-the employer establishes that the employer had a good faith belief that
353-the underpayment of such wages was in compliance with the law, the
354-full amount of such minimum wage or overtime wage less any amount
355-actually paid to him or her by the employer, with costs and such
356-reasonable attorney's fees as may be allowed by the court.
357-(2) Notwithstanding the provisions of subdivision (1) of this
358-subsection, if any employee is paid by his or her employer less than the
359-minimum fair wage or overtime wage to which he or she is entitled
360-under section 31-62-E4 of the regulations of Connecticut state agencies,
361-such employee shall recover, in a civil action, (A) twice the full amount House Bill No. 7501
211+administrator: (1) To provide training assistance to eligible recipients 138
212+as may be approved by the Workforce Training Authority pursuant to 139
213+subsection (e) of this section, and (2) to pay or reimburse the 140
214+administrator for administrative costs pursuant to subsection [(c)] (h) 141
215+of this section. Such training assistance shall be awarded for the 142
216+purpose of: Developing and implementing training programs for the 143
217+recruitment of businesses to the state and the training or retraining of 144
218+persons in the state to achieve the workforce goals established by the 145
219+Connecticut Employment and Training Commission and the relevant 146
220+sections of the strategic master plan for higher education developed 147
221+pursuant to section 10a-11b. Training assistance shall target job growth 148
222+in the areas of construction, health care, early childhood education, 149
223+insurance, financial services, bioscience, advance manufacturing, 150
224+digital media, green technology, and tourism. 151
225+(c) All expenditures from the Workforce Training Authority Fund, 152
226+except for administrative costs reimbursed to the administrator 153
227+pursuant to subsection (h) of this section, shall be approved by the 154
228+board, provided the board may delegate to staff of the administrator 155
229+the approval of transactions not greater than one hundred thousand 156
230+dollars. Any such approval by the board shall be (1) specific to an 157
231+individual expenditure to be made; (2) for budgeted expenditures with 158
232+such variations as the board may authorize at the time of such budget 159
233+approval; or (3) for training assistance programs to be administered by 160
234+staff of the administrator, subject to limits, eligibility requirements and 161
235+other conditions established by the Workforce Training Authority at 162
236+the time of such program approval. 163
237+(d) The administrator shall provide any necessary staff, office space, 164
238+office systems and administrative support for the operation of the 165
239+Workforce Training Authority Fund in accordance with this section. In 166
240+acting as administrator of the fund, the Labor [Department] 167
241+Commissioner shall have and may exercise all of the powers set forth 168
242+in the general statutes, provided expenditures from the fund shall be 169
243+approved by the Workforce Training Authority pursuant to subsection 170
244+Bill No.
362245
363-July 22, 2019 Sp. Sess., Public Act No. 19-1 12 of 13
364246
365-of such minimum wage or overtime wage less any amount actually paid
366-to such employee by the employer, with costs and such reasonable
367-attorney's fees as may be allowed by the court, or (B) if the employer
368-establishes that the employer had a good faith belief that the
369-underpayment of such wages was in compliance with the law, the full
370-amount of such minimum wage or overtime wage less any amount
371-actually paid to such employee by the employer, with costs as may be
372-allowed by the court. A good faith belief includes, but is not limited to,
373-reasonable reliance on written guidance from the Labor Department.
374-(3) Notwithstanding the provisions of section 52-105, no person may
375-be authorized by a court to sue for the benefit of other alleged similarly
376-situated persons in a case brought for violations of section 31-62-E4 of
377-the regulations of Connecticut state agencies, unless such person, in
378-addition to satisfying any judicial rules of practice governing class
379-action certifications, demonstrates to the court, under the appropriate
380-burden of proof, that the defendant is liable to all individual proposed
381-class members because all such members (A) performed nonservice
382-duties while employed by the defendant, for more than a de minimis
383-amount of time, that were not incidental to service duties, and (B) were
384-not properly compensated by the defendant for some portion of their
385-nonservice duties in accordance with section 31-62-E4 of the regulations
386-of Connecticut state agencies.
387-(4) Any agreement between an employee and his or her employer to
388-work for less than such minimum fair wage or overtime wage shall be
389-no defense to such action as described in this section. The commissioner
390-may collect the full amount of unpaid minimum fair wages or unpaid
391-overtime wages to which an employee is entitled under said sections or
392-order, as well as interest calculated in accordance with the provisions of
393-section 31-265 from the date the wages should have been received, had
394-they been paid in a timely manner. In addition, the commissioner may
395-bring any legal action necessary to recover twice the full amount of the House Bill No. 7501
396247
397-July 22, 2019 Sp. Sess., Public Act No. 19-1 13 of 13
248+LCO No. 11290 7 of 13
398249
399-unpaid minimum fair wages or unpaid overtime wages to which the
400-employee is entitled under said sections or under an order, and the
401-employer shall be required to pay the costs and such reasonable
402-attorney's fees as may be allowed by the court. The commissioner shall
403-distribute any wages or interest collected pursuant to this section to the
404-employee or in accordance with the provisions of subsection (b) of this
405-section.
406-Sec. 7. (NEW) (Effective from passage) Not later than thirty days
407-following the date of adoption of regulations pursuant to section 5 of
408-this act, the Labor Commissioner shall begin conducting random wage
409-and hour audits of tipped workers in not less than seventy-five
410-restaurants in the state of Connecticut and prepare a report on
411-compliance by such restaurants with the regulations adopted pursuant
412-to section 5 of this act. Not later than one year following the date of
413-adoption of regulations pursuant to section 5 of this act, the Labor
414-Commissioner shall report, in accordance with the provisions of section
415-11-4a of the general statutes, on the random wage and hour audits
416-conducted pursuant to this section to the joint standing committee of the
417-General Assembly having cognizance of matters relating to labor.
418-Sec. 8. (Effective from passage) (a) For the fiscal year ending June 30,
419-2020, the sum of $120,717 dollars appropriated to the Labor Department
420-for the Workforce Training Authority in the biennial budget shall be
421-reserved for three wage and hour investigators of the three wage and
422-hour investigators.
423-(b) For the fiscal year ending June 30, 2020, the sum of $35,217 of the
424-$120,717 reserved under subsection (a) of this section shall be available
425-to reimburse the comptroller for associated fringe benefits costs.
426-Approved January 6, 2020
250+(c) of this section. 171
251+(e) The Workforce Training Authority shall establish an application 172
252+and approval process with guidelines and terms for the development 173
253+and implementation of training programs and training assistance 174
254+awarded by the administrator from the Workforce Training Authority 175
255+Fund to any eligible recipient. Such guidelines and terms shall include: 176
256+(1) A requirement that any applicant for training assistance operate in 177
257+the state or propose to relocate operations to the state, in whole or in 178
258+part, as a condition of such training assistance; (2) eligibility 179
259+requirements for training, including a requirement for applicants to 180
260+obtain [matching] funds or in-kind services from nonstate sources; (3) 181
261+a process for preliminary review of applications for strength and 182
262+eligibility by the administrator before such applications are presented 183
263+to the board for consideration; (4) return on investment objectives, 184
264+including, but not limited to, job growth and leveraged investment 185
265+opportunities; (5) a requirement that any [business] entity that receives 186
266+assistance [must] first consider applicants who have completed the 187
267+universal intake form; and (6) such other guidelines and terms as the 188
268+board determines to be necessary and appropriate in furtherance of the 189
269+objectives of this section. In developing such guidelines, the board 190
270+shall include considerations for the size of such [businesses] entities 191
271+and the number of workers employed by such [businesses] entities. 192
272+Additionally, the board shall give consideration to developing training 193
273+programs and creating career pathways for women, minorities and 194
274+soon to be released and formerly incarcerated individuals. 195
275+(f) Training assistance awarded to eligible recipients from the 196
276+Workforce Training Authority Fund [to eligible recipients] shall be 197
277+used for costs related to facilities, necessary furniture, fixtures and 198
278+equipment, development of programs, implementation of training 199
279+programs, materials and supplies, compensation, apprenticeship and 200
280+such other costs that the Workforce Training Authority [Board] 201
281+determines [pursuant to subsection (e) of this section] to be eligible for 202
282+training assistance within the purposes of this section pursuant to 203
283+Bill No.
284+
285+
286+
287+LCO No. 11290 8 of 13
288+
289+subsection (e) of this section. 204
290+(g) On July 1, 2018, and prior to [each] the commencement of the 205
291+next fiscal year thereafter, the administrator shall prepare a plan of 206
292+operations and an operating and capital budget for the Workforce 207
293+Training Authority Fund, provided not later than ninety days prior to 208
294+the start of each fiscal year, the administrator shall submit such plan 209
295+and budget to the board of the Workforce Training Authority [Board] 210
296+for its review and approval. 211
297+(h) Administrative costs shall be paid or reimbursed to the 212
298+administrator from the Workforce Training Authority Fund, provided 213
299+the total of such administrative costs in any fiscal year shall not exceed 214
300+five per cent of the total amount of the allotted funding for such fiscal 215
301+year, as determined in the operating budget prepared pursuant to 216
302+subsection (g) of this section. Nothing in this section shall be [deemed] 217
303+construed to require the administrator to risk or expend the funds of 218
304+the Labor Department in connection with the administration of the 219
305+Workforce Training Authority Fund. 220
306+(i) On January 1, 2019, and annually thereafter, the administrator 221
307+shall provide a report of the [activities] expenditures of the Workforce 222
308+Training Authority Fund to the Workforce Training Authority for the 223
309+board's review and approval. Upon such approval, the board shall 224
310+provide such report, in accordance with the provisions of section 11-4a, 225
311+to the joint standing committees of the General Assembly having 226
312+cognizance of matters relating to labor, commerce and employment 227
313+advancement. Such report shall contain available information on the 228
314+status and progress of the operations of the programs funded by and 229
315+[funding] resources of the Workforce Training Authority Fund and the 230
316+types, amounts and recipients of financial assistance awarded. 231
317+(j) The administrator shall consult with the office of apprenticeship 232
318+training, the Connecticut Employment and Training Commission, the 233
319+Planning Commission on Higher Education and the administrator of 234
320+Bill No.
321+
322+
323+
324+LCO No. 11290 9 of 13
325+
326+the Connecticut Manufacturing Innovation Fund to ensure 235
327+coordination and compatibility of the development and 236
328+implementation of training programs awarded by the Workforce 237
329+Training Authority. [Fund.] 238
330+Sec. 4. (Effective from passage) (a) Not later than May 1, 2020, the 239
331+Labor Department, in collaboration with workforce development 240
332+boards within the state, shall conduct a study of programs offered to 241
333+individuals seeking employment within the state. The topics of such 242
334+study shall include, but not be limited to: 243
335+(1) The location, ownership and management of workforce 244
336+development board offices within the state; 245
337+(2) The number of employees dedicated to assisting individuals 246
338+seeking employment in each American Job Center office; 247
339+(3) The number of individuals seeking employment who are served 248
340+through each American Job Center office and by which program on an 249
341+annual basis; 250
342+(4) The number of employers, classified by industry, that utilize 251
343+workforce development boards throughout the state; 252
344+(5) The number of individuals who successfully find employment 253
345+through the American Job Centers and the nature of that employment, 254
346+classified by industry; 255
347+(6) The number of individuals who successfully found employment, 256
348+then lost that employment, who re-enrolled in an American Job Center 257
349+program; 258
350+(7) The type of training programs; 259
351+(8) Whether activities offered by individual workforce development 260
352+boards are planned in conjunction with the department to maximize 261
353+efficiency and avoid duplication of resources; 262
354+Bill No.
355+
356+
357+
358+LCO No. 11290 10 of 13
359+
360+(9) The funding sources for each workforce development board and 263
361+any in-kind contributions offered by the state including, but not 264
362+limited to, office space, utilities and equipment; 265
363+(10) Whether an individual seeking employment can simultaneously 266
364+participate in a state-operated employment program through the 267
365+department and a workforce development board program; 268
366+(11) The methods by which the department and workforce 269
367+development boards coordinate employment programs in each region 270
368+of the state; and 271
369+(12) The methods by which workforce development boards report to 272
370+the department and whether the resources currently allocated to the 273
371+workforce development boards by the department are adequate for the 274
372+operation of the programs offered by the workforce development 275
373+boards. 276
374+(b) Not later than January 1, 2021, the department shall submit, in 277
375+accordance with the provisions of section 11-4a of the general statutes, 278
376+a report to the joint standing committee of the General Assembly 279
377+having cognizance of matters relating to labor detailing the findings of 280
378+the study conducted pursuant to subsection (a) of this section. 281
379+Sec. 5. (NEW) (Effective from passage) Not later than April 1, 2020, the 282
380+Labor Commissioner shall post on the eRegulations System a notice of 283
381+intent to adopt regulations, in accordance with the provisions of 284
382+chapter 54 of the general statutes, concerning employees who perform 285
383+both service and nonservice duties and allowances for gratuities 286
384+permitted or applied as part of the minimum fair wage pursuant to 287
385+section 31-60 of the general statutes. The Labor Commissioner shall 288
386+consult with representatives of the restaurant industry, restaurant 289
387+employees, service employees and other interested stakeholders prior 290
388+to posting such notice and shall consider any state and federal 291
389+guidance regarding such allowances. Such notice shall also provide for 292
390+the repeal of section 31-62-E4 of the regulations of Connecticut state 293
391+Bill No.
392+
393+
394+
395+LCO No. 11290 11 of 13
396+
397+agencies upon the effective date of regulations adopted pursuant to 294
398+this section. Regulations adopted pursuant to this section shall be 295
399+effective when posted to the eRegulations System web site by the 296
400+Secretary of the State. 297
401+Sec. 6. Subsection (a) of section 31-68 of the general statutes is 298
402+repealed and the following is substituted in lieu thereof (Effective from 299
403+passage): 300
404+(a) (1) If any employee is paid by his or her employer less than the 301
405+minimum fair wage or overtime wage to which he or she is entitled 302
406+under sections 31-58, 31-59 and 31-60 or by virtue of a minimum fair 303
407+wage order he or she shall recover, in a civil action, [(1)] (A) twice the 304
408+full amount of such minimum wage or overtime wage less any amount 305
409+actually paid to him or her by the employer, with costs and such 306
410+reasonable attorney's fees as may be allowed by the court, or [(2)] (B) if 307
411+the employer establishes that the employer had a good faith belief that 308
412+the underpayment of such wages was in compliance with the law, the 309
413+full amount of such minimum wage or overtime wage less any amount 310
414+actually paid to him or her by the employer, with costs and such 311
415+reasonable attorney's fees as may be allowed by the court. 312
416+(2) Notwithstanding the provisions of subdivision (1) of this 313
417+subsection, if any employee is paid by his or her employer less than the 314
418+minimum fair wage or overtime wage to which he or she is entitled 315
419+under section 31-62-E4 of the regulations of Connecticut state agencies, 316
420+such employee shall recover, in a civil action, (A) twice the full amount 317
421+of such minimum wage or overtime wage less any amount actually 318
422+paid to such employee by the employer, with costs and such 319
423+reasonable attorney's fees as may be allowed by the court, or (B) if the 320
424+employer establishes that the employer had a good faith belief that the 321
425+underpayment of such wages was in compliance with the law, the full 322
426+amount of such minimum wage or overtime wage less any amount 323
427+actually paid to such employee by the employer, with costs as may be 324
428+allowed by the court. A good faith belief includes, but is not limited to, 325
429+Bill No.
430+
431+
432+
433+LCO No. 11290 12 of 13
434+
435+reasonable reliance on written guidance from the Labor Department. 326
436+(3) Notwithstanding the provisions of section 52-105 of the general 327
437+statutes, no person may be authorized by a court to sue for the benefit 328
438+of other alleged similarly situated persons in a case brought for 329
439+violations of section 31-62-E4 of the regulations of Connecticut state 330
440+agencies, unless such person, in addition to satisfying any judicial 331
441+rules of practice governing class action certifications, demonstrates to 332
442+the court, under the appropriate burden of proof, that the defendant is 333
443+liable to all individual proposed class members because all such 334
444+members (A) performed nonservice duties while employed by the 335
445+defendant, for more than a de minimis amount of time, that were not 336
446+incidental to service duties, and (B) were not properly compensated by 337
447+the defendant for some portion of their nonservice duties in 338
448+accordance with section 31-62-E4 of the regulations of Connecticut 339
449+state agencies. 340
450+(4) Any agreement between an employee and his or her employer to 341
451+work for less than such minimum fair wage or overtime wage shall be 342
452+no defense to such action as described in this section. The 343
453+commissioner may collect the full amount of unpaid minimum fair 344
454+wages or unpaid overtime wages to which an employee is entitled 345
455+under said sections or order, as well as interest calculated in 346
456+accordance with the provisions of section 31-265 from the date the 347
457+wages should have been received, had they been paid in a timely 348
458+manner. In addition, the commissioner may bring any legal action 349
459+necessary to recover twice the full amount of the unpaid minimum fair 350
460+wages or unpaid overtime wages to which the employee is entitled 351
461+under said sections or under an order, and the employer shall be 352
462+required to pay the costs and such reasonable attorney's fees as may be 353
463+allowed by the court. The commissioner shall distribute any wages or 354
464+interest collected pursuant to this section to the employee or in 355
465+accordance with the provisions of subsection (b) of this section. 356
466+Bill No.
467+
468+
469+
470+LCO No. 11290 13 of 13
471+
472+This act shall take effect as follows and shall amend the following
473+sections:
474+
475+Section 1 May 1, 2020 31-11hh
476+Sec. 2 May 1, 2020 31-11ii
477+Sec. 3 May 1, 2020 31-11jj
478+Sec. 4 from passage New section
479+Sec. 5 from passage New section
480+Sec. 6 from passage 31-68(a)
481+