| 18 | | - | Section 1. (NEW) (Effective from passage) (a) As used in this section: 1 |
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| 19 | | - | (1) "Employer" means a fiscal intermediary who provides payroll 2 |
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| 20 | | - | services funded in whole or in substantial part by state funds to pay 3 |
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| 21 | | - | personal care attendants, but does not include a consumer, as defined in 4 |
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| 22 | | - | section 17b-706 of the general statutes; and 5 |
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| 23 | | - | (2) "Personal care attendant" has the same meaning as provided in 6 |
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| 24 | | - | section 17b-706 of the general statutes. 7 |
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| 25 | | - | (b) Each employer shall pay weekly, or once every two weeks, all 8 |
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| 26 | | - | wages, salary or other compensation due each personal care attendant 9 |
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| 27 | | - | on a regular pay day, designated in advance by the employer, using one 10 |
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| 28 | | - | or more of the following methods: (1) Cash; (2) by negotiable checks; (3) 11 |
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| 29 | | - | upon an employee's written or electronic request, by direct deposit; or 12 |
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| 30 | | - | (4) by payroll card, provided the requirements of section 31-71k of the 13 |
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| 31 | | - | general statutes are satisfied. 14 |
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| 32 | | - | (c) Each employer shall provide clear and timely communication 15 |
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| 33 | | - | directly to each personal care attendant regarding payment 16 |
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| 34 | | - | confirmation, a change in payment status or any pay discrepancy. If 17 Substitute Bill No. 942 |
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| 23 | + | Section 1. (NEW) (Effective from passage) (a) A fiscal intermediary who 1 |
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| 24 | + | provides payroll services for employers funded in whole or in 2 |
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| 25 | + | substantial part by state funds shall be deemed an employer solely for 3 |
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| 26 | + | purposes of failure to timely pay wages under sections 31-71a to 31-71i, 4 |
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| 27 | + | inclusive, of the general statutes. 5 |
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| 28 | + | (b) A delay caused by the failure to meet the provisions of this section 6 |
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| 29 | + | shall be deemed a failure to timely pay wages under sections 31-71a to 7 |
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| 30 | + | 31-71i, inclusive, of the general statutes. 8 |
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| 31 | + | (c) Employers shall provide clear and timely communication directly 9 |
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| 32 | + | to employees regarding pay discrepancies, payment confirmation or a 10 |
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| 33 | + | change in payment status, including, but not limited to, providing 11 |
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| 34 | + | employees: (1) Sufficient notice prior to their pay date, with specific 12 |
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| 35 | + | information about any problem with submitted time records which 13 |
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| 36 | + | would impact the amount of pay an employee will receive on their pay 14 |
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| 37 | + | date; (2) a specific and accessible option to address any such problem in 15 Raised Bill No. 942 |
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| 41 | | - | there is a pay discrepancy or an issue with the time records submitted 18 |
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| 42 | | - | by the personal care attendant that will impact the amount of wages, 19 |
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| 43 | | - | salary or other compensation the personal care attendant will receive on 20 |
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| 44 | | - | the personal care attendant's regular pay day, the communication shall 21 |
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| 45 | | - | (1) contain specific information about the discrepancy or issue, and (2) 22 |
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| 46 | | - | provide the personal care attendant with sufficient time, and a specific 23 |
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| 47 | | - | and accessible method, to respond to the employer and attempt to 24 |
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| 48 | | - | correct such discrepancy or issue prior to the personal care attendant's 25 |
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| 49 | | - | regular pay date. If the pay discrepancy or issue has not been resolved 26 |
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| 50 | | - | twenty-four hours or more before the personal care attendant's regular 27 |
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| 51 | | - | pay day, the employer shall provide to the personal care attendant a 28 |
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| 52 | | - | method to receive wages, salary or other compensation between payroll 29 |
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| 53 | | - | cycles and not later than forty-eight hours after such discrepancy or 30 |
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| 54 | | - | issue has been resolved. 31 |
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| 55 | | - | (d) An employer who violates any provision of this section shall be 32 |
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| 56 | | - | fined one hundred dollars per day for each separate violation from the 33 |
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| 57 | | - | date of the violation to the date such violation is corrected. If the Labor 34 |
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| 58 | | - | Commissioner imposes a fine under the provisions of this section, the 35 |
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| 59 | | - | commissioner shall, not later than thirty days after collecting such fine, 36 |
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| 60 | | - | remit the amount collected to the personal care attendant who was 37 |
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| 61 | | - | subjected to the violation. 38 |
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| 41 | + | LCO No. 3795 2 of 2 |
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| 42 | + | |
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| 43 | + | sufficient time to correct the amount received on their pay date; and (3) 16 |
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| 44 | + | a timely method to receive pay between payroll cycles where a pay 17 |
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| 45 | + | discrepancy has not been resolved within twenty-four hours after the 18 |
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| 46 | + | pay date. Such method shall provide for pay not later than forty-eight 19 |
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| 47 | + | hours after such pay date. For purposes of this subsection "sufficient 20 |
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| 48 | + | notice" means a length of time to allow an employee to respond to and 21 |
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| 49 | + | correct any issues in time to be properly paid on their pay date. 22 |
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| 50 | + | (d) An employer who violates any provision of this section shall be 23 |
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| 51 | + | fined twenty-five dollars per day for each separate violation. The Labor 24 |
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| 52 | + | Commissioner shall assess all such fines. 25 |
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