Connecticut 2021 Regular Session

Connecticut House Bill HB06475 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 6475
	5	+	General Assembly Raised Bill No. 6475
8	6		January Session, 2021
	7	+	LCO No. 3451
	8	+
	9	+
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	11	+
	12	+
	13	+	Introduced by:
	14	+	(LAB)
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13		-
14		-	AN ACT CONCERNING PU BLIC ENFORCEMENT ACT IONS.
	19	+	AN ACT CONCERNING FO RCED ARBITRATION AGR EEMENTS.
15	20		Be it enacted by the Senate and House of Representatives in General
16	21		Assembly convened:
17	22
18	23		Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1
19	24		(1) "Public enforcement action" means a civil action brought pursuant 2
20	25		to this section to enforce protections enforceable by the state pursuant 3
21		-	to chapter 557 or 558 of the general statutes or section 46a-60 or 46a-81c 4
22		-	of the general statutes; 5
23		-	(2) "Responsible state official" means a person authorized to enforce 6
24		-	any provision of chapter 557 or 558 of the general statutes or section 46a-7
25		-	60 or 46a-81c of the general statutes or to impose or seek penalties or 8
26		-	other remedies for violations of such chapter or section, including 9
27		-	persons delegated to act on the responsible state official's behalf with 10
28		-	respect to enforcing such chapter or section, imposing or seeking 11
29		-	penalties or other remedies for violations of such chapter or section or 12
30		-	receiving and disposing of notices pursuant to this section; 13
31		-	(3) "Relator" means a whistleblower or a representative organization 14
32		-	that acts as a qui tam plaintiff in a public enforcement action under this 15
33		-	section; 16
34		-	(4) "Representative organization" means a nonprofit corporation or a 17 Substitute Bill No. 6475
	26	+	to chapter 557 or 558 or section 46a-60 or 46a-81c of the general statutes; 4
	27	+	(2) "Responsible state official" means a person authorized to enforce 5
	28	+	any provision of chapter 557 or 558 or section 46a-60 or 46a-81c of the 6
	29	+	general statutes or to impose or seek penalties or other remedies for 7
	30	+	violations of such title or section, including persons delegated to act on 8
	31	+	the responsible state official's behalf with respect to enforcing such title 9
	32	+	or section, imposing or seeking penalties or other remedies for 10
	33	+	violations of such title or section or receiving and disposing of notices 11
	34	+	pursuant to this section; 12
	35	+	(3) "Relator" means a whistleblower or a representative organization 13
	36	+	that acts as a qui tam plaintiff in a public enforcement action under this 14
	37	+	section; 15 Raised Bill No. 6475
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41		-	labor organization that assists in enforcement pursuant to this section 18
42		-	and that has been selected by a whistleblower, in writing, in a form 19
43		-	prescribed by the Attorney General, to initiate a public enforcement 20
44		-	action on the whistleblower's behalf; and 21
45		-	(5) "Whistleblower" means any current or former employee, 22
46		-	contractor, subcontractor or employee of a contractor or subcontractor 23
47		-	of a defendant. 24
48		-	(b) A relator may, on behalf of the state and in the name of the state, 25
49		-	initiate a public enforcement action pursuant to the procedures specified 26
50		-	in this section. Such action may be brought in the Superior Court and 27
51		-	may allege multiple violations of chapter 557 or 558 of the general 28
52		-	statutes or section 46a-60 or 46a-81c of the general statutes that have 29
53		-	affected different individuals aggrieved by the same defendant and may 30
54		-	seek any injunctive and declaratory relief that the state would be 31
55		-	entitled to seek. 32
56		-	(c) For purposes of a public enforcement action brought pursuant to 33
57		-	this section, whenever the state is authorized to assess a civil penalty, 34
58		-	the court is authorized to assess such a civil penalty. To the extent that 35
59		-	the state is authorized to determine whether an employer has violated a 36
60		-	provision of this section, the court is authorized to determine whether 37
61		-	an employer has committed such a violation. 38
62		-	(d) For any violation of a provision of this section where no civil 39
63		-	penalty is provided, there shall be a civil penalty of five hundred dollars. 40
64		-	Such civil penalty shall be awarded for each party aggrieved by each 41
65		-	violation during each two-week period that such violation is found to 42
66		-	have occurred. 43
67		-	(e) The court may award civil penalties in an amount that is less than 44
68		-	the amount specified in this section if the court determines to do 45
69		-	otherwise would result in an award that is arbitrary and oppressive or 46
70		-	confiscatory. 47
71		-	(f) The state is authorized to assess penalties if the state has 48 Substitute Bill No. 6475
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	42	+
	43	+	(4) "Representative organization" means a nonprofit corporation or a 16
	44	+	labor organization that assists in enforcement pursuant to this section 17
	45	+	and that has been selected by a whistleblower to initiate a public 18
	46	+	enforcement action on the whistleblower's behalf, in writing, in a form 19
	47	+	prescribed by the Attorney General; and 20
	48	+	(5) "Whistleblower" means any current or former employee, 21
	49	+	contractor, subcontractor or employee of a contractor or subcontractor 22
	50	+	of a defendant. 23
	51	+	(b) A relator, on behalf of the state and in the name of the state, may 24
	52	+	initiate a public enforcement action pursuant to the procedures specified 25
	53	+	in this section. Such action may be brought in the Superior Court and 26
	54	+	may allege multiple violations that have affected different individuals 27
	55	+	aggrieved by the same defendant and may seek any injunctive and 28
	56	+	declaratory relief that the state would be entitled to seek. 29
	57	+	(c) For purposes of public enforcement actions brought pursuant to 30
	58	+	this section, whenever the state is authorized to assess a civil penalty, 31
	59	+	the court is authorized to assess such a civil penalty. To the extent that 32
	60	+	the state is authorized to determine if an employer has violated a 33
	61	+	provision of this section, the court is authorized to determine that an 34
	62	+	employer has committed such a violation. 35
	63	+	(d) For any provision of this section where no civil penalty is 36
	64	+	specifically provided by law, there shall be a civil penalty of five 37
	65	+	hundred dollars. Such civil penalty shall be awarded for each party 38
	66	+	aggrieved by each violation during each two-week period that such 39
	67	+	violation occurs. 40
	68	+	(e) The court may award a lesser amount of civil penalties than those 41
	69	+	specified in this section if, based on the facts and circumstances of the 42
	70	+	particular case, to do otherwise would result in an award that is 43
	71	+	arbitrary and oppressive or confiscatory. 44
	72	+	(f) The state is authorized to assess penalties if the state has 45
	73	+	intervened in a public enforcement action pursuant to this section. 46 Raised Bill No. 6475
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78		-	intervened in a public enforcement action brought pursuant to this 49
79		-	section. 50
80		-	(g) Nothing in this section shall limit the state's right to seek 51
81		-	restitution and damages, where available, for relators as part of a public 52
82		-	enforcement action in which it has intervened. 53
83		-	(h) A relator that prevails in a public enforcement action pursuant to 54
84		-	this section shall be entitled to an award by the court of reasonable 55
85		-	attorney's fees and costs, whether or not the state has intervened in such 56
86		-	action. 57
87		-	(i) Any civil penalty awarded in a public enforcement action 58
88		-	pursuant to this section shall be distributed as follows: (1) Where the 59
89		-	state has not intervened, (A) thirty per cent to the relator, (B) twenty per 60
90		-	cent to the Office of the Attorney General, and (C) fifty per cent to the 61
91		-	office of the state official responsible for enforcement of such action, 62
92		-	twenty-five per cent of which shall be deposited into the community 63
93		-	outreach and workplace account in accordance with subsection (b) of 64
94		-	section 2 of this act, and (2) where the state has intervened, (A) twenty 65
95		-	per cent to the relator, (B) thirty per cent to the Office of the Attorney 66
96		-	General, and (C) fifty per cent to the office of the state official responsible 67
97		-	for enforcement of such action, twenty-five per cent of which shall be 68
98		-	deposited into the community outreach and workplace account in 69
99		-	accordance with subsection (b) of section 2 of this act. 70
100		-	(j) The relator shall equitably distribute all penalties due the relator 71
101		-	among the parties aggrieved by the practices complained of in the 72
102		-	public enforcement action. The relator shall submit a written 73
103		-	distribution summary to the state and the state may order a different 74
104		-	distribution not later than sixty days after receipt of the summary, 75
105		-	provided the relator shall receive compensation in an amount that 76
106		-	reflects the burdens and risks assumed by the relator in prosecuting the 77
107		-	action, including any costs incurred by a representative organization 78
108		-	that serves as a relator. 79 Substitute Bill No. 6475
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	78	+
	79	+	(g) Nothing in this section shall operate to limit the state's right to 47
	80	+	seek restitution and damages, where available, for relators as part of a 48
	81	+	public enforcement action in which it has intervened. 49
	82	+	(h) A relator that prevails in an action pursuant to this section, 50
	83	+	whether or not the state has intervened in such action, shall be entitled 51
	84	+	to an award by the court of reasonable attorney's fees and costs. 52
	85	+	(i) Civil penalties recovered in a public enforcement action pursuant 53
	86	+	to this section shall be distributed as follows: (1) Where the state has not 54
	87	+	intervened, (A) thirty per cent to the relator, (B) twenty per cent to the 55
	88	+	Office of the Attorney General, and (C) fifty per cent to the office of the 56
	89	+	state official responsible for enforcement of such action, and (2) where 57
	90	+	the state has intervened, (A) twenty per cent to the relator, (B) thirty per 58
	91	+	cent to the Office of the Attorney General, and (C) fifty per cent to the 59
	92	+	office of the state official responsible for enforcement of such action. 60
	93	+	(j) The relator shall equitably distribute all penalties due the relator 61
	94	+	among the parties aggrieved by the practices complained of in the 62
	95	+	public enforcement action. The relator shall submit a written 63
	96	+	distribution summary to the state and the state may order a different 64
	97	+	distribution not later than sixty days after receipt of the summary, 65
	98	+	provided the relator shall receive a service award that reflects the 66
	99	+	burdens and risks assumed by the relator in prosecuting the action, 67
	100	+	including any costs incurred by a representative organization that 68
	101	+	serves as a relator. 69
	102	+	(k) The right to bring a public enforcement action under this section 70
	103	+	shall not be impaired by any private agreement. 71
	104	+	(l) Notwithstanding any other provision of the general statutes, a 72
	105	+	public enforcement action to recover penalties imposed pursuant to this 73
	106	+	section shall be commenced within the same period of time that the state 74
	107	+	has to file a public enforcement action based on the same set of alleged 75
	108	+	violations. The statute of limitations for bringing a public enforcement 76
	109	+	action pursuant to this section shall be tolled from the date a relator files 77
	110	+	a notice pursuant to this section with the state, or the date the state 78 Raised Bill No. 6475
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115		-	(k) The right to bring a public enforcement action under this section 80
116		-	shall not be impaired by any private agreement. 81
117		-	(l) Notwithstanding any other provision of the general statutes, a 82
118		-	public enforcement action to recover penalties imposed pursuant to this 83
119		-	section shall be commenced within the same period of time that the state 84
120		-	is authorized to file a public enforcement action based on the same set 85
121		-	of alleged violations. The statute of limitations for bringing a public 86
122		-	enforcement action pursuant to this section shall be tolled from the date 87
123		-	a relator files a notice pursuant to subsection (q) of this section or the 88
124		-	date the state commences an investigation, whichever is earlier. 89
125		-	(m) A relator may not bring a public enforcement action pursuant to 90
126		-	this section: (1) If the state, on the same facts and theories, cites a person 91
127		-	within the period of time that the state is authorized to file a public 92
128		-	enforcement action for a violation of the same authority under which 93
129		-	such relator is attempting to recover a civil penalty or other remedy, or 94
130		-	(2) for any violation of a posting, notice, agency reporting or filing 95
131		-	requirement, except where the filing or reporting requirement involves 96
132		-	mandatory payroll or injury reporting. 97
133		-	(n) No person shall retaliate in any manner against any relator or 98
134		-	potential relator or person, or threaten to retaliate against any relator, 99
135		-	potential relator or person, because: (1) The relator or potential relator 100
136		-	has brought or is perceived to have brought a public enforcement action, 101
137		-	(2) the relator or potential relator has cooperated in a public enforcement 102
138		-	action, or (3) the person believes that the relator or potential relator may 103
139		-	bring a public enforcement action or cooperate with one. 104
140		-	(o) Any person aggrieved by a violation of subsection (n) of this 105
141		-	section may bring an action in the Superior Court for compensatory, 106
142		-	liquidated and punitive damages or equitable relief, including restraint 107
143		-	of prohibited acts, restitution of wages or benefits, reinstatement of 108
144		-	employment, costs, reasonable attorney's fees and other appropriate 109
145		-	relief. 110 Substitute Bill No. 6475
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	115	+
	116	+	commences an investigation, whichever is earlier. 79
	117	+	(m) A relator may not bring a public enforcement action pursuant to 80
	118	+	this section: (1) If the state, on the same facts and theories, cites a person 81
	119	+	within the time periods set forth in this section for a violation of the 82
	120	+	same authority under which such relator is attempting to recover a civil 83
	121	+	penalty or other remedy, or (2) for any violation of a posting, notice, 84
	122	+	agency reporting or filing requirement, except where the filing or 85
	123	+	reporting requirement involves mandatory payroll or injury reporting. 86
	124	+	(n) No employer or his or her agent, or the officer or agent of any 87
	125	+	corporation, partnership or limited liability company or any other 88
	126	+	person shall retaliate in any manner against any relator or potential 89
	127	+	relator or person, or threaten to retaliate, because: (1) The relator or 90
	128	+	potential relator has brought or is perceived to have brought a public 91
	129	+	enforcement action, (2) the relator or potential relator has cooperated in 92
	130	+	a public enforcement action, or (3) the person believes that the relator or 93
	131	+	potential relator may bring a public enforcement action or cooperate 94
	132	+	with one. 95
	133	+	(o) Any person aggrieved by a violation of subsection (n) of this 96
	134	+	section may bring an action in Superior Court for compensatory, 97
	135	+	liquidated and punitive damages or equitable relief, including restraint 98
	136	+	of prohibited acts, restitution of wages or benefits, reinstatement, costs, 99
	137	+	reasonable attorney's fees and other appropriate relief. 100
	138	+	(p) There shall be a rebuttable presumption that any adverse action 101
	139	+	taken against a relator not later than ninety days after the relator has 102
	140	+	filed an action pursuant to subsection (b) of this section is retaliatory. 103
	141	+	(q) Before filing a public enforcement action pursuant to this section, 104
	142	+	a relator shall submit written notice of such action to each responsible 105
	143	+	state official and to the Attorney General. The notice shall be construed 106
	144	+	in the light most favorable to the relator, and shall include: (1) The name, 107
	145	+	address and contact information of the alleged violator, (2) the name 108
	146	+	and contact information of the relator, (3) the name, address and contact 109
	147	+	information of the representative organization, and a statement of the 110 Raised Bill No. 6475
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152		-	(p) There is a rebuttable presumption that any adverse action taken 111
153		-	against a relator not later than ninety days after the relator has filed an 112
154		-	action pursuant to subsection (b) of this section is retaliatory. 113
155		-	(q) Before filing a public enforcement action pursuant to this section, 114
156		-	a relator shall submit written notice of such action to each responsible 115
157		-	state official and to the Attorney General. The notice shall be construed 116
158		-	by the responsible state office and the Attorney General in the light most 117
159		-	favorable to the relator and shall include: (1) The name, address and 118
160		-	contact information of the alleged violator, (2) the name and contact 119
161		-	information of the relator, (3) the name, address and contact information 120
162		-	of the representative organization and, if the action is brought by a 121
163		-	representative organization, a statement of the organization's 122
164		-	qualifications as a representative organization, (4) the name, address 123
165		-	and contact information of the relator's legal counsel, if such relator has 124
166		-	legal counsel, and (5) a statement of the underlying claim. 125
167		-	(r) If the state intends to investigate the alleged violation contained in 126
168		-	the public enforcement action, it shall notify the relator of its decision 127
169		-	not later than sixty days after receiving notice pursuant to subsection (q) 128
170		-	of this section. 129
171		-	(s) After the filing of a public enforcement action, the state may 130
172		-	intervene as of right and proceed with any and all claims in the action. 131
173		-	(t) The provisions of this section shall be construed in light of its 132
174		-	remedial purpose to expand the enforcement of state law protecting 133
175		-	employees. 134
176		-	Sec. 2. (NEW) (Effective October 1, 2021) (a) There is established an 135
177		-	account to be known as the "community outreach and workplace 136
178		-	account" which shall be a separate, nonlapsing account within the 137
179		-	General Fund. The account shall contain any moneys required by law to 138
180		-	be deposited in the account. Moneys in the account shall be expended 139
181		-	by the Labor Department for the purpose of awarding grants as 140
182		-	provided in subsection (c) of this section. 141 Substitute Bill No. 6475
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	152	+
	153	+	organization's qualifications as a representative organization, if the 111
	154	+	action is brought by a representative organization, (4) the name, address 112
	155	+	and contact information of the relator's legal counsel, if such relator has 113
	156	+	legal counsel, and (5) a statement of the underlying claim. 114
	157	+	(r) If the state intends to investigate the alleged violation, it shall 115
	158	+	notify the relator of its decision not later than sixty days after receiving 116
	159	+	notice pursuant to subsection (q) of this section. 117
	160	+	(s) Not later than thirty days after the filing of a public enforcement 118
	161	+	action, the state may intervene as of right and proceed with any and all 119
	162	+	claims in the action. After such thirty-day period, the state may only 120
	163	+	intervene in the public enforcement action for good cause shown, as 121
	164	+	determined by the court. 122
	165	+	(t) There is established an account to be known as the "Community 123
	166	+	Outreach and Workplace account" which shall be a separate, nonlapsing 124
	167	+	account within the General Fund. The account shall contain any moneys 125
	168	+	required by law to be deposited in the account. Moneys in the account 126
	169	+	shall be expended by the Labor Department for the purpose of awarding 127
	170	+	grants as provided in subsection (v) of this section. 128
	171	+	(u) Twenty-five per cent of any civil penalties distributed in 129
	172	+	accordance with subparagraph (C) of subdivision (1) and subparagraph 130
	173	+	(C) of subdivision (2) of subsection (i) of this section shall be deposited 131
	174	+	into the Community Outreach and Workplace account. 132
	175	+	(v) Funds in the Community Outreach and Workplace account shall 133
	176	+	be granted from time to time by the Labor Commissioner to labor or 134
	177	+	nonprofit organizations to fund outreach, education and technical 135
	178	+	assistance pertaining to employee rights in the workplace. Grants 136
	179	+	provided under this section shall be used for activities to assist workers 137
	180	+	in enforcing employment rights, including outreach, community-based 138
	181	+	education events, training materials, technical assistance, counseling, 139
	182	+	research and referral services. When considering applications for such 140
	183	+	grants, the commissioner shall give priority to projects that provide 141
	184	+	services to especially vulnerable workers, including low-wage, 142 Raised Bill No. 6475
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189		-	(b) Twenty-five per cent of any civil penalties distributed in 142
190		-	accordance with subparagraph (C) of subdivision (1) of subsection (i) of 143
191		-	section 1 of this act and subparagraph (C) of subdivision (2) of 144
192		-	subsection (i) of section 1 of this act shall be deposited into the 145
193		-	community outreach and workplace account. 146
194		-	(c) Funds in the community outreach and workplace account shall be 147
195		-	granted from time to time by the Labor Commissioner to labor or 148
196		-	nonprofit organizations to fund outreach, education and technical 149
197		-	assistance pertaining to employee rights in the workplace. Grants 150
198		-	provided under this section shall be used for activities to assist workers 151
199		-	in enforcing employment rights, including outreach, community-based 152
200		-	education events, training materials, technical assistance, counseling, 153
201		-	research and referral services. When considering applications for such 154
202		-	grants, the commissioner shall give priority to projects that provide 155
203		-	services to especially vulnerable workers, including low-wage, 156
204		-	immigrant, refugee and contingent workers, women, lesbian, gay, 157
205		-	bisexual or transgendered workers, workers with disabilities and 158
206		-	injured workers. 159
207		-	(d) The Labor Department may adopt regulations in accordance with 160
208		-	the provisions of chapter 54 of the general statutes to implement the 161
209		-	provisions of subsections (a) to (c), inclusive, of this section. 162
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	189	+
	190	+	immigrant, refugee and contingent workers, women, lesbian, gay, 143
	191	+	bisexual or transgendered workers, workers with disabilities, and 144
	192	+	injured workers. 145
	193	+	(w) The Labor Department may adopt rules in accordance with the 146
	194	+	provisions of chapter 54 of the general statutes to implement the 147
	195	+	provisions of subsections (t) to (v), inclusive, of this section. 148
	196	+	(x) The provisions of this section shall be construed in light of its 149
	197	+	remedial purpose to expand the enforcement of state law protecting 150
	198	+	employees. 151
210	199		This act shall take effect as follows and shall amend the following
211	200		sections:
212	201
213	202		Section 1 October 1, 2021 New section
214		-	Sec. 2 October 1, 2021 New section
215	203
216		-	Statement of Legislative Commissioners:
217		-	In Section 1(a)(2), "title" was changed to "chapter" for accuracy; in
218		-	Section 1(b), "of any provision of chapter 557 or 558 of the general
219		-	statutes or section 46a-60 or 46a-81c of the general statutes" was added
220		-	after "violations" for accuracy and clarity; in Section 1(d), "violation of
221		-	a" was added before "provision" for accuracy and clarity, "specifically
222		-	provided by law" was changed to "provided" for clarity and consistency
223		-	with standard drafting conventions and "occurs" was changed to "found Substitute Bill No. 6475
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229		-
230		-	to have occurred" for accuracy; Section 1(e) was rewritten for clarity and
231		-	consistency with standard drafting conventions; in Section 1(f),
232		-	"brought" was added before "pursuant" for clarity and accuracy; in
233		-	Section 1(g), "operate to" was deleted for consistency with standard
234		-	drafting conventions; Section 1(h) was rewritten for clarity; Section 1(i)
235		-	was rewritten for clarity and consistency with standard drafting
236		-	conventions; in Section 1(j), "a service award" was changed to
237		-	"compensation in an amount" for clarity and consistency with standard
238		-	drafting conventions; in Section 1(l), "pursuant to this section" was
239		-	changed to "pursuant to subsection (q) of this section" for clarity and
240		-	accuracy; Section 1(m)(1) and Section 1(n) were rewritten for clarity; in
241		-	Section 1(o), "of employment" was added after "reinstatement" for
242		-	clarity; in Section 1(q), "by the responsible state official and the Attorney
243		-	General" was added after "construed" for clarity and accuracy and
244		-	Subdiv. (3) was rewritten for clarity; Sections 1(t) to 1(w), inclusive, were
245		-	renumbered as Sections 2(a) to 2(d) for clarity and consistency with
246		-	standard drafting conventions; and Section 1(x) was redesignated as
247		-	Section 1(t) for consistency with standard drafting conventions.
248		-
249		-	LAB Joint Favorable Subst.
	204	+	Statement of Purpose:
	205	+	To allow employees to sue employers on behalf of the state after having
	206	+	waived their personal rights to sue by signing forced arbitration
	207	+	agreements.
	208	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	209	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	210	+	underlined.]
250	211