Connecticut 2025 Regular Session

Connecticut Senate Bill SB01488 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 5999 1 of 4
	3	+	LCO No. 5999 1 of 4
4	4
5	5		General Assembly Raised Bill No. 1488
6	6		January Session, 2025
7	7		LCO No. 5999
8	8
9	9
10		-	Referred to Committee on LABOR AND PUBLIC
11		-	EMPLOYEES
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
12	11
13	12
14	13		Introduced by:
15	14		(LAB)
	15	+
16	16
17	17
18	18
19	19		AN ACT AUTHORIZING THE COMPTROLLER TO WITHHOLD
20	20		PAYMENT FOR VIOLATIONS OF THE PREVAILING WAGE
21	21		STATUTES.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Section 31-76a of the general statutes is repealed and the 1
26	26		following is substituted in lieu thereof (Effective October 1, 2025): 2
27	27		(a) On receipt of a complaint for nonpayment of wages, a violation of 3
28	28		the provisions of subsection (g) of section 31-288 or a violation of the 4
29	29		provisions of subsection (b) of section 31-53, the Labor Commissioner, 5
30	30		the director of Wage and Workplace Standards or the director's 6
31	31		designee, shall have power to enter, during usual business hours, the 7
32	32		place of business or employment of any employer to determine 8
33	33		compliance with the wage payment laws, subsection (g) of section 31-9
34	34		288 or subsection (b) of section 31-53, and for such purpose may examine 10
35	35		payroll and other records and interview employees, call hearings, 11
36	36		administer oaths, take testimony under oath and take depositions in the 12
37		-	manner provided by sections 52-148a to 52-148e, inclusive. 13 Raised Bill No. 1488
	37	+	manner provided by sections 52-148a to 52-148e, inclusive. 13
	38	+	(b) The commissioner or the director, for such purpose, may issue 14
	39	+	Raised Bill No. 1488
38	40
39	41
40		-	LCO 5999 2 of 4
41	42
42		-	(b) The commissioner or the director, for such purpose, may issue 14
	43	+	LCO No. 5999 2 of 4
	44	+
43	45		subpoenas for the attendance of witnesses and the production of books 15
44	46		and records. Any employer or any officer or agent of any employer, 16
45	47		corporation, firm or partnership who wilfully fails to furnish time and 17
46	48		wage records as required by law to the commissioner, the director of 18
47	49		minimum wage or any wage enforcement agent upon request, or who 19
48	50		refuses to admit the commissioner, the director or such agent to the 20
49	51		place of employment of such employer, corporation, firm or 21
50	52		partnership, or who hinders or delays the commissioner, the director or 22
51	53		such agent in the performance of the commissioner's, the director's or 23
52	54		such agent's duties in the enforcement of this section shall be fined not 24
53	55		less than one thousand dollars. Each day of such failure to furnish the 25
54	56		time and wage records to the commissioner, the director or such agent 26
55	57		shall constitute a separate offense, and each day of refusal to admit, of 27
56	58		hindering or of delaying the commissioner, the director or such agent 28
57	59		shall constitute a separate offense. 29
58	60		(c) (1) If the commissioner determines, after an investigation 30
59	61		pursuant to subsection (a) of this section, that an employer is in violation 31
60	62		of (A) subsection (g) of section 31-288, or (B) subsection (b) of section 31-32
61	63		53, the commissioner shall issue, not later than seventy-two hours after 33
62	64		making such determination, a stop work order against the employer 34
63	65		requiring the cessation of all business operations of such employer. Such 35
64	66		stop work order shall be issued only against the employer found to be 36
65	67		in violation of subsection (g) of section 31-288 or in violation of 37
66	68		subsection (b) of section 31-53 and only as to the specific place of 38
67	69		business or employment for which the violation exists. Such order shall 39
68	70		be effective when served upon the employer or at the place of business 40
69	71		or employment. A stop work order may be served at a place of business 41
70	72		or employment by posting a copy of the stop work order in a 42
71	73		conspicuous location at the place of business or employment. Such order 43
72	74		shall remain in effect until the commissioner issues an order releasing 44
73	75		the stop work order upon a finding by the commissioner that the 45
74	76		employer has come into compliance with the requirements of subsection 46
75		-	(b) of section 31-284 or subsection (b) of section 31-53, or after a hearing 47 Raised Bill No. 1488
	77	+	(b) of section 31-284 or subsection (b) of section 31-53, or after a hearing 47
	78	+	Raised Bill No. 1488
76	79
77	80
78		-	LCO 5999 3 of 4
	81	+
	82	+	LCO No. 5999 3 of 4
79	83
80	84		held pursuant to subdivision (2) of this subsection. 48
81	85		(2) Any employer against which a stop work order is issued pursuant 49
82	86		to subdivision (1) of this subsection may request a hearing before the 50
83	87		commissioner. Such request shall be made in writing to the 51
84	88		commissioner not more than ten days after the issuance of such order. 52
85	89		Such hearing shall be conducted in accordance with the provisions of 53
86	90		chapter 54. 54
87	91		(3) Stop work orders and any penalties imposed under section 31-288 55
88	92		or 31-69a against a corporation, partnership or sole proprietorship for a 56
89	93		violation of subsection (g) of section 31-288 or for a violation of 57
90	94		subsection (b) of section 31-53 shall be effective against any successor 58
91	95		entity that has one or more of the same principals or officers as the 59
92	96		corporation, partnership or sole proprietorship against which the stop 60
93	97		work order was issued and are engaged in the same or equivalent trade 61
94	98		or activity. 62
95	99		(d) (1) After issuing a stop work order for a violation of subsection (b) 63
96	100		of section 31-53 pursuant to subsection (c) of this section, the 64
97	101		commissioner may notify the Comptroller, in a form and manner 65
98	102		prescribed by the Comptroller, of the issuance of such stop work order 66
99	103		against a contractor or subcontractor performing work on a public 67
100	104		works project. 68
101	105		(2) Upon receiving notice from the commissioner pursuant to 69
102	106		subdivision (1) of this subsection, the Comptroller may withhold 70
103	107		payment of money to the contractor or subcontractor such stop work 71
104	108		order was issued against until the commissioner issues an order 72
105	109		releasing the stop work order pursuant to subsection (c) of this section 73
106	110		or upon payment of any penalties imposed under section 31-53 or 31-74
107	111		69a or finalization of any settlement agreement entered into pursuant to 75
108	112		section 31-53. 76
109		-	This act shall take effect as follows and shall amend the following
110		-	sections:
111	113		Raised Bill No. 1488
112	114
113	115
114		-	LCO 5999 4 of 4
	116	+
	117	+	LCO No. 5999 4 of 4
	118	+
	119	+	This act shall take effect as follows and shall amend the following
	120	+	sections:
115	121
116	122		Section 1 October 1, 2025 31-76a
117	123
118		-	LAB Joint Favorable
	124	+	Statement of Purpose:
	125	+	To allow the Comptroller to withhold payment of money to a contractor
	126	+	or subcontractor for a violation of subsection (b) of section 31-53 of the
	127	+	general statutes where a stop work order was issued by the Labor
	128	+	Commissioner.
	129	+
	130	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	131	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	132	+	underlined.]
119	133