Senate Bill No. 418
Public Act No. 22-17
AN ACT CONCERNING WAGE THEFT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 31-53 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(b) [Any] If the commissioner, upon inspection or investigation of a
complaint, believes that a contractor or subcontractor [who] has
knowingly or wilfully [employs] employed any mechanic, laborer or
worker in the construction, remodeling, refinishing, refurbishing,
rehabilitation, alteration or repair of any public works project for or on
behalf of the state or any of its agents, or any political subdivision of the
state or any of its agents, at a rate of wage on an hourly basis that is less
than the rate customary or prevailing for the same work in the same
trade or occupation in the town in which such public works project is
being constructed, remodeled, refinished, refurbished, rehabilitated,
altered or repaired, or who [fails] has failed to pay the amount of
payment or contributions paid or payable on behalf of each such person
to any employee welfare fund, or in lieu thereof to the person, as
provided by subsection (a) of this section, such contractor or
subcontractor shall be issued a citation and may be fined [not less than
two thousand five hundred dollars but not more than] five thousand Senate Bill No. 418
Public Act No. 22-17 2 of 3
dollars for each offense. [and (1) for the first violation, shall be
disqualified from bidding on contracts with the state or any political
subdivision until the contractor or subcontractor has made full
restitution of the back wages owed to such persons and for an additional
six months thereafter, and (2) for subsequent violations, shall be
disqualified from bidding on contracts with the state or any political
subdivision until the contractor or subcontractor has made full
restitution of the back wages owed to such persons and for not less than
an additional two years thereafter.] The commissioner shall maintain a
list of any contractor or subcontractor that, during the three preceding
calendar years, violates this section or enters into a settlement with the
commissioner to resolve any claim brought by the commissioner
pursuant to this section. For each contractor or subcontractor placed on
such list, the commissioner shall record the following information: (1)
The nature of the violation; (2) the total amount of wages and fringe
benefits making up the violation or agreed upon in any settlement with
the commissioner; and (3) the total amount of civil penalties and fines
agreed upon by the commissioner. The commissioner shall review the
list on the first day of May each year for the preceding rolling three-year
period and may refer for debarment any contractor or subcontractor that
committed a violation of this section during the rolling three-year
period. The commissioner shall refer for debarment any contractor or
subcontractor that entered into one or more settlement agreements with
the commissioner where the sum total of all settlements within such
period exceeds fifty thousand dollars in back wages or fringe benefits,
or entered into one or more settlement agreements with the
commissioner where the sum total of all settlements within such period
exceeds fifty thousand dollars in civil penalties or fines agreed upon by
the commissioner. Any contractor or subcontractor the commissioner
refers for debarment may request a hearing before the commissioner.
Such hearing shall be conducted in accordance with the provisions of
chapter 54. In addition, if it is found by the contracting officer
representing the state or political subdivision of the state that any Senate Bill No. 418
Public Act No. 22-17 3 of 3
mechanic, laborer or worker employed by the contractor or any
subcontractor directly on the site for the work covered by the contract
has been or is being paid a rate of wages less than the rate of wages
required by the contract to be paid as required by this section, the state
or contracting political subdivision of the state may (A) by written or
electronic notice to the contractor, terminate such contractor's right to
proceed with the work or such part of the work as to which there has
been a failure to pay said required wages and to prosecute the work to
completion by contract or otherwise, and the contractor and the
contractor's sureties shall be liable to the state or the contracting political
subdivision for any excess costs occasioned the state or the contracting
political subdivision thereby, or (B) withhold payment of money to the
contractor or subcontractor. The contracting department of the state or
the political subdivision of the state shall, not later than two days after
taking such action, notify the Labor Commissioner, in writing or
electronically, of the name of the contractor or subcontractor, the project
involved, the location of the work, the violations involved, the date the
contract was terminated, and steps taken to collect the required wages.