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 Section 31-76a of the general statutes is repealed and the 1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