Bill Text: CT HB05756 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Standard Wage And Employers Receiving Assistance From State Economic Development Agencies.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-25 - Referred by House to Committee on Finance, Revenue and Bonding [HB05756 Detail]
Download: Connecticut-2013-HB05756-Comm_Sub.html
General Assembly |
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January Session, 2013 |
*_____HB05756LAB___031313____* |
AN ACT CONCERNING THE STANDARD WAGE AND EMPLOYERS RECEIVING ASSISTANCE FROM STATE ECONOMIC DEVELOPMENT AGENCIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective January 1, 2014, and applicable to any agreement for financial assistance entered into on or after said date) (a) On and after January 1, 2014, if the Department of Economic and Community Development or Connecticut Innovations, Incorporated, provides financial assistance to any business organization in an amount equal to or greater than five hundred thousand dollars within one calendar year, such providing agency shall require, as a condition of receiving such financial assistance, that (1) the business organization pay, or require to be paid, to each employee providing food preparation or service, or both, or building, property or equipment services, as defined in section 31-57f of the general statutes, for ten years from the date the business organization received such assistance, or for any longer duration to which the business organization and providing agency may agree, wages equal to or greater than the standard rate of wages paid by a required employer, as defined in said section 31-57f, to an employee performing such services pursuant to said section 31-57f, and (2) any contract entered into by the business organization for the provision of food preparation or service, or both, or building, property or equipment services, as defined in said section 31-57f, for ten years from the date the business organization received such assistance, or for any longer duration to which the business organization and providing agency may agree, shall contain the following provision: "The wages paid on an hourly basis to any person providing food preparation or service, or both, or building, property or equipment services and the amount of payment or contribution paid or payable on behalf of each such person to any employee benefit fund, as defined in section 31-57f of the Connecticut general statutes, shall be at a rate equal to or greater than the standard rate of wages paid by a required employer, as defined in said section 31-57f, to an employee performing such services pursuant to said section 31-57f."
(b) If a business organization receiving financial assistance in an amount equal to or greater than five hundred thousand dollars within one calendar year from the Department of Economic and Community Development or Connecticut Innovations, Incorporated, or an independent contractor of such business organization, fails to pay any employee providing such services at a rate equal to or greater than the standard rate of wages, as required by subdivision (1) of subsection (a) of this section, or fails to contract for the payment of employees at a rate equal to or greater than the standard rate of wages, as required by subdivision (2) of subsection (a) of this section, the Labor Commissioner may require such business organization to repay the full amount of any financial assistance received to the providing agency. In addition, if the commissioner finds that such business organization knowingly failed to (1) pay, or cause to be paid, any employee providing such services at a rate equal to or greater than the standard rate of wages, or (2) contract for the payment of any employee at a rate equal to or greater than the standard rate of wages, the commissioner may require such business organization to pay a civil penalty of five per cent of the full amount of any financial assistance received to the providing agency. For purposes of this section, "financial assistance" includes, but is not limited to, all forms of loans, grants, guarantees and tax abatements.
Sec. 2. (NEW) (Effective January 1, 2014, and applicable to any agreement for financial assistance entered into on or after said date) (a) On receipt of a complaint for nonpayment of the standard rate of wages by a business organization receiving financial assistance pursuant to section 1 of this act, or an independent contractor of such business organization, the Labor Commissioner, the Director of Wage and Workplace Standards and wage enforcement agents of the Labor Department shall have power to enter, during usual business hours, the place of business or employment of such business organization, or independent contractor of such business organization, to determine compliance with this section, and for such purpose may examine payroll and other records and interview employees, call hearings, administer oaths, take testimony under oath and take depositions in the manner provided by sections 52-148a to 52-148e, inclusive, of the general statutes. The commissioner or the director, for such purpose, may issue subpoenas for the attendance of witnesses and the production of books and records. Any business organization, an officer or agent of such business organization, or the officer or agent of any corporation, firm or partnership who wilfully fails to furnish time and wage records as required by law to the commissioner, the director or any wage enforcement agent upon request or who refuses to admit the commissioner, the director or such agent to such business organization's place of employment or who hinders or delays the commissioner, the director or such agent in the performance of any duties in the enforcement of this section shall be fined not less than twenty-five dollars nor more than one hundred dollars, and each day of such failure to furnish time and wage records to the commissioner, the director or such agent shall constitute a separate offense, and each day of refusal of admittance, of hindering or of delaying the commissioner, the director or such agent shall constitute a separate offense.
(b) Any employee aggrieved by a violation of subsection (b) of section 1 of this act may file a complaint with the Labor Commissioner alleging violation of the provisions of said subsection. Upon receipt of any such complaint, the commissioner shall hold a hearing. After the hearing, the commissioner shall send each party a written copy of the commissioner's decision. The commissioner may (1) award the employee all appropriate relief, including payment of back wages to which the employee otherwise would have been eligible if a violation of subsection (b) of section 1 of this act had not occurred, and (2) require the business organization to repay the full amount of financial assistance received plus a civil penalty of five per cent of such sum, if applicable, to the providing agency. Any party aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54 of the general statutes.
(c) The Labor Commissioner may adopt regulations, in accordance with chapter 54 of the general statutes, to carry out the provisions of this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
January 1, 2014, and applicable to any agreement for financial assistance entered into on or after said date |
New section |
Sec. 2 |
January 1, 2014, and applicable to any agreement for financial assistance entered into on or after said date |
New section |
LAB |
Joint Favorable Subst. |