Labor and Public Employees Committee
Judiciary Committee
AN ACT CONCERNING TECHNICAL CORRECTIONS TO CHILD LABOR LAWS
SUMMARY: This act subjects violators of the employment regulation statutes (Chapter 557) to the same $300 civil penalty, for each violation, to which violators of the state's wage laws (Chapter 558) and workers' compensation laws (Chapter 568) are subject. The civil penalty is in addition to any specific penalty that applies to a violation of a specific employment regulation law. The act does not change the $600 civil penalty for violations of child labor laws (Chapters 557 and 558).
EFFECTIVE DATE: October 1, 2008
EMPLOYMENT REGULATION, CHAPTER 557
Under the employment regulation statutes and unchanged by the act, an employer can be penalized for violating a number of specific statutes. The act makes violators liable to the Labor Department for a civil penalty of $300 per violation in addition to the specific penalties in the specific statutes.
Some of the existing penalties for specific employment regulation statutes are shown in the table below.
Table 1: Employment Regulation Statute Violations
Statute |
Violation |
Penalty |
Notice requirements for employers using carcinogens (CGS §§ 31-40c, 31-40f) |
Failure to provide notification of, or training related to, carcinogens in the workplace |
Up to $1,000 per violation |
Recruitment or referral of professional strikebreaker restricted (CGS § 31-48a) |
Recruiting or using professional strikebreakers |
$100 to $1,000 fine, prison for up to three years, or both |
Use of polygraph prohibited, with exceptions (CGS § 31-51g) |
Improper use of polygraph in hiring and other employment decisions |
$250 to $1,000 per violation |
Protection of employees who disclose employers' illegal activities (CGS § 31-51m) |
Employer retribution (discharge or discipline) against an employee who reports a violation or suspected violation of state or federal law |
Job reinstatement, back pay, back benefits, and reasonable attorney's fees |
Employee drug testing permitted if specific requirements are met (CGS §§ 31-51u to 31-51aa) |
Unauthorized drug testing, improper use of testing results |
Civil action with potential liability for special and general damages and attorney's fees |
Family and Medical Leave Act (CGS §§ 31-51kk to 31-51qq) |
Employer who discharges or disciplines an employee who uses or seeks to use family and medical leave |
Job reinstatement, back pay, back benefits, and reasonable attorney's fees |
OLR Tracking: JM: KM: CR: ts