Connecticut 2020 Regular Session

Connecticut House Bill HB05276 Compare Versions

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

Old	New	Differences
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2	2
3	3	LCO No. 1619 1 of 7
4	4
5	5	General Assembly Raised Bill No. 5276
6	6	February Session, 2020
7	7	LCO No. 1619
8	8
9	9
10	10	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
11	11
12	12
13	13	Introduced by:
14	14	(LAB)
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19	19	AN ACT CONCERNING DO MESTIC WORKERS.
20	20	Be it enacted by the Senate and House of Representatives in General
21	21	Assembly convened:
22	22
23	23	Section 1. Section 31-71f of the general statutes is repealed and the 1
24	24	following is substituted in lieu thereof (Effective January 1, 2021): 2
25	25	(a) Each employer shall: (1) Advise his employees in writing, at the 3
26	26	time of hiring, of the rate of remuneration, hours of employment and 4
27	27	wage payment schedules, and (2) make available to his employees, 5
28	28	either in writing or through a posted notice maintained in a place 6
29	29	accessible to his employees, any employment practices and policies or 7
30	30	change therein with regard to wages, vacation pay, sick leave, health 8
31	31	and welfare benefits and comparable matters. 9
32	32	(b) Each employer employing a domestic worker, as defined in 10
33	33	section 3 of this act, shall advise the domestic worker in writing, at the 11
34	34	time of hiring, of: (1) The rate of remuneration, hours of employment 12
35	35	and wage payment schedules; (2) the job duties and responsibilities; (3) 13
36	36	the availability of sick leave, days of rest, vacation, personal days and 14
37	37	holidays, and whether such days are paid or unpaid, and the rate at 15 Raised Bill No. 5276
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39	39
40	40
41	41	LCO No. 1619 2 of 7
42	42
43	43	which such days accrue; (4) necessary or required modes of 16
44	44	transportation, and whether such transportation is provided, paid or 17
45	45	reimbursed; (5) the availability of health insurance, and whether it is 18
46	46	paid or reimbursed; (6) any applicable severance, yearly raises or other 19
47	47	forms of compensation; (7) whether the employer may charge any fees 20
48	48	or costs for board and lodging; and (8) any other rights afforded to such 21
49	49	domestic worker under the provisions of this section, section 53-303e, as 22
50	50	amended by this act, and sections 3 to 5, inclusive, of this act. 23
51	51	Sec. 2. Section 53-303e of the general statutes is repealed and the 25 24
52	52	following is substituted in lieu thereof (Effective January 1, 2021): 25
53	53	(a) (1) No employer shall compel any employee engaged in any 26
54	54	commercial occupation, [or] (2) engaged in the work of any industrial 27
55	55	process, or (3) employed as a domestic worker, as defined in section 3 28
56	56	of this act, to work more than six days in any calendar week. An 29
57	57	employee's refusal to work more than six days in any calendar week 30
58	58	shall not constitute grounds for his or her dismissal. 31
59	59	(2) Notwithstanding the provisions of subdivision (1) of this 32
60	60	subsection, a domestic worker may work seven days in any calendar 33
61	61	week, provided (A) the domestic worker and his or her employer agree, 34
62	62	in writing, to such schedule, and (B) the domestic worker is 35
63	63	compensated at the appropriate rate, including the overtime rate, if 36
64	64	applicable. 37
65	65	(b) Any employee, who believes that his or her discharge was in 38
66	66	violation of subsection (a) of this section may appeal such discharge to 39
67	67	the State Board of Mediation and Arbitration. If said board finds that the 40
68	68	employee was discharged in violation of said subsection (a), it may 41
69	69	order whatever remedy will make the employee whole, including but 42
70	70	not limited to reinstatement to his or her former or a comparable 43
71	71	position. 44
72	72	(c) Any person who violates any provision of this section shall be 45
73	73	fined not more than two hundred dollars. 46 Raised Bill No. 5276
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75	75
76	76
77	77	LCO No. 1619 3 of 7
78	78
79	79	Sec. 3. (NEW) (Effective January 1, 2021) (a) For the purposes of this 47
80	80	section and sections 4 and 5 of this act: (1) "Domestic worker" means any 48
81	81	individual or employee who is paid or who is told he or she will be paid 49
82	82	to perform work of a domestic nature in or about a private dwelling, 50
83	83	including, but not limited to, housekeeping, home management, child 51
84	84	care, caretaking of individuals, including sick, convalescing and elderly 52
85	85	individuals, laundering, meal preparation, home companion services 53
86	86	and other household services for occupants of the private dwelling or 54
87	87	the guests of such occupants. "Domestic worker" does not include (A) a 55
88	88	babysitter whose employment is irregular and intermittent or of a casual 56
89	89	nature, or (B) a personal care attendant providing services pursuant to 57
90	90	a state-funded program, including, but not limited to, (i) the program 58
91	91	for individuals with acquired brain injuries, established pursuant to 59
92	92	section 17b-260a of the general statutes, (ii) the personal care assistance 60
93	93	program, established pursuant to section 17b-605a of the general 61
94	94	statutes, (iii) the Connecticut home care program for the elderly, 62
95	95	established pursuant to section 17b-342 of the general statutes, (iv) the 63
96	96	pilot program to provide home care services to disabled persons, 64
97	97	established pursuant to section 17b-617 of the general statutes, (v) the 65
98	98	individual and family support waiver program administered by the 66
99	99	Department of Developmental Services, and (vi) the comprehensive 67
100	100	waiver program administered by the Department of Developmental 68
101	101	Services; (2) "employer" means any owner or any person, partnership, 69
102	102	corporation, limited liability company or association of persons acting 70
103	103	directly as, or on behalf of, or in the interest of an employer in relation 71
104	104	to a domestic worker and shall include for the purposes of chapter 567 72
105	105	of the general statutes a (A) homemaker-companion agency, as defined 73
106	106	in section 20-670 of the general statutes, (B) registry, as defined in section 74
107	107	20-670 of the general statutes, or (C) homemaker-home health aide 75
108	108	agency, as defined in section 19a-490 of the general statutes, that refers 76
109	109	a domestic worker to a consumer to provide (i) homemaker services, (ii) 77
110	110	companion services, or (iii) homemaker-home health aide services; (3) 78
111	111	"consumer" means an individual receiving homemaker services, 79
112	112	companion services or homemaker-home health aide services from a 80
113	113	homemaker-companion agency, registry or homemaker-home health 81 Raised Bill No. 5276
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115	115
116	116
117	117	LCO No. 1619 4 of 7
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119	119	aide agency; (4) "homemaker services" means homemaker services, as 82
120	120	defined in section 20-670 of the general statutes; (5) "companion 83
121	121	services" means companion services, as defined in section 20-670 of the 84
122	122	general statutes; (6) "homemaker-home health aide services" means 85
123	123	homemaker home health aide services, as defined in section 19a-490 of 86
124	124	the general statutes; (7) "live-in domestic worker" means a domestic 87
125	125	worker who resides in or about an employer's private dwelling for at 88
126	126	least four consecutive twenty-four-hour periods during at least two 89
127	127	consecutive weeks within one calendar year; (8) "full-time employment" 90
128	128	means an average working period of forty hours or more per week 91
129	129	within the previous month; and (9) "part-time employment" means an 92
130	130	average working period of less than forty hours per week within the 93
131	131	previous month. 94
132	132	(b) No employer shall (1) restrict or interfere with a domestic worker's 95
133	133	private communications that are made when the domestic worker is not 96
134	134	expected to be working, (2) seize, search or inspect the domestic 97
135	135	worker's personal belongings, or (3) engage in any conduct against a 98
136	136	domestic worker that violates subsection (a) of section 53a-192a of the 99
137	137	general statutes or any other section of the general statutes. 100
138	138	(c) No employer of a live-in domestic worker shall enter a live-in 101
139	139	domestic worker's designated living area in or about the employer's 102
140	140	private dwelling without such live-in domestic worker's informed and 103
141	141	voluntary consent, except that the employer may enter such designated 104
142	142	living area if emergency repairs are required, if (1) securing such live-in 105
143	143	domestic worker's consent within a reasonable time is not feasible, and 106
144	144	(2) the employer provides notice to the live-in domestic worker that the 107
145	145	employer entered the live-in domestic worker's designated living area 108
146	146	to conduct such emergency repairs within a reasonable time after doing 109
147	147	so. 110
148	148	(d) No employer of a domestic worker shall monitor a domestic 111
149	149	worker's activities or communications by any means other than direct 112
150	150	observation, including the use of a computer, telephone, wire, radio, 113
151	151	camera or electromagnetic, photoelectronic or photo-optical systems, 114 Raised Bill No. 5276
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153	153
154	154
155	155	LCO No. 1619 5 of 7
156	156
157	157	without such domestic worker's informed and voluntary consent, 115
158	158	except that an employer may use such devices to monitor a domestic 116
159	159	worker while he or she is performing care-giving tasks, including, but 117
160	160	not limited to, babysitting, child care and caretaking of sick, 118
161	161	convalescing or elderly individuals. 119
162	162	(e) A domestic worker who is required to utilize cleaning products as 120
163	163	part of his or her employment shall have the right to (1) alert his or her 121
164	164	employer to health hazards and allergies that the domestic worker 122
165	165	believes to be related to these cleaning products, (2) negotiate with his 123
166	166	or her employer regarding the substitution of alternative cleaning 124
167	167	products, and (3) substitute cleaning products he or she believes to be 125
168	168	less harmful to his or her health, or to the health of others, except where 126
169	169	the employer can demonstrate medical necessity for the use of a 127
170	170	particular cleaning product. 128
171	171	(f) (1) Except as otherwise provided in subdivision (2) of this 129
172	172	subsection, if a domestic worker has been employed by an employer for 130
173	173	a period of ninety days or longer, such employer shall provide the 131
174	174	domestic worker with written notice prior to the termination of 132
175	175	employment. Such notice shall be provided not less than seven days 133
176	176	prior to the effective date of such termination, except that, if such 134
177	177	domestic worker is a live-in domestic worker, such notice shall be 135
178	178	provided not less than fourteen days prior to the effective date of such 136
179	179	termination. 137
180	180	(2) If a domestic worker has been employed by an employer for a 138
181	181	period of ninety days or longer, such employer may terminate such 139
182	182	domestic worker's employment immediately and without written 140
183	183	notice, provided such employer compensates such domestic worker at 141
184	184	a rate not less than the amount the domestic worker would have earned 142
185	185	had the employer continued to employ such domestic worker after 143
186	186	providing notice of such termination pursuant to subdivision (1) of this 144
187	187	subsection. 145
188	188	(g) The provisions of subsection (f) of this section shall not apply to 146 Raised Bill No. 5276
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190	190
191	191
192	192	LCO No. 1619 6 of 7
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194	194	any employer who terminates a domestic worker due to the domestic 147
195	195	worker's wilful misconduct in the course of his or her employment. For 148
196	196	the purposes of this subsection, "wilful misconduct" means deliberate 149
197	197	misconduct in wilful disregard of the employer's interest and includes 150
198	198	any abuse, assault or other harmful or destructive conduct committed 151
199	199	by the domestic worker against the employer, the employer's 152
200	200	possessions, members of the employer's family, guests or other 153
201	201	individuals residing in or about the employer's private dwelling. 154
202	202	(h) Compensation provided in lieu of notice of termination pursuant 155
203	203	to subdivision (2) of subsection (f) of this section shall be provided upon 156
204	204	termination of the domestic worker's employment. Such compensation 157
205	205	shall not release an employer from any obligation to make payments as 158
206	206	may be necessary to comply with chapter 567 of the general statutes or 159
207	207	any other applicable municipal, state or federal law. 160
208	208	Sec. 4. (NEW) (Effective January 1, 2021) No employer shall discharge, 161
209	209	discipline, penalize, retaliate against or in any manner discriminate 162
210	210	against a domestic worker because such domestic worker has (1) 163
211	211	complained to the employer, an authorized representative of the 164
212	212	domestic worker or any other person, (2) filed a complaint or instituted 165
213	213	or caused to be instituted any proceeding, (3) testified or intends to 166
214	214	testify in any such proceeding, or (4) exercised any right afforded to him 167
215	215	or her by any provision of sections 31-58, 31-71f, 46a-51 and 53-303e of 168
216	216	the general statutes, as amended by this act, or sections 3 to 5, inclusive, 169
217	217	of this act. 170
218	218	Sec. 5. (NEW) (Effective January 1, 2021) A domestic worker or 171
219	219	terminated domestic worker may bring an action in Superior Court 172
220	220	against an employer to recover any appropriate relief, including 173
221	221	rehiring or reinstatement to his or her previous job, payment of back 174
222	222	wages and any interest due on such wages, compensation for the denial 175
223	223	of days of leave, reestablishment of employee benefits or any other 176
224	224	remedies that the court deems appropriate. 177 Raised Bill No. 5276
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227	227
228	228	LCO No. 1619 7 of 7
229	229
230	230	This act shall take effect as follows and shall amend the following
231	231	sections:
232	232
233	233	Section 1 January 1, 2021 31-71f
234	234	Sec. 2 January 1, 2021 53-303e
235	235	Sec. 3 January 1, 2021 New section
236	236	Sec. 4 January 1, 2021 New section
237	237	Sec. 5 January 1, 2021 New section
238	238
239	239	Statement of Purpose:
240	240	To expand the application of various labor laws to domestic workers.
241	241	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
242	242	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
243	243	underlined.]
244	244