EMPLOYMENT LEGISLATION SUMMARY 2005 SESSION CONNECTICUT GENERAL ASSEMBLY In its 2005 session, the General Assembly passed a number for applicants seeking civil unions. The Act becomes effec- of new laws affecting Employers. The following material tive October 1, 2005. summarizes these new laws, but the specific provisions should Minimum Wage to Increase Over Next Two Years be reviewed in specific situations. These new statutes are Public Act No. 05-32 increases the state’s minimum wage available online in full text at ftp://159.247.160.79/acts/Pa/ requirement from the current $7.10 per hour as follows: ef- but we will be happy to send you copies of any of these new fective January 1, 2006 the minimum hourly wage will be Public Acts as you request. $7.40 per hour; effective January 1, 2007 the minimum hourly Civil Unions wage will be $7.65 per hour. This Act is effective Public Act 05-10 authorizes same-sex couples to enter into on October 1, 2005. civil unions. This legislation grants to such couples the same Notice Period Pay (State Employees) legal benefits, protections and responsibilities as married Public Act 05-30 pertains to state employees and amends couples, and establishes eligibility, application and licensing Conn. Gen. Stat. §5-240. It limits the amount of “notice pe- criteria. It also specifies who can perform civil unions and riod or any other separation pay” of a dismissed state em- establishes record-keeping requirements. By incorporating ployee to (1) the rate of the employee’s pay at the time of the civil unions by reference into most statutes within the fol- dismissal, and (2) a maximum of two weeks, or the notice lowing categories that use or define terms indicating a spou- period (if any) provided in an applicable collective bargaining sal relationship, it extends to civil union couples rights pro- agreement. Notice period pay is the pay the employee re- vided by such statutes, as well as related administrative regu- ceives from the notice of separation to the last day on the lations, court rules, policy and common law: job. This Act is effective October 1, 2005. 1. Family law, including marriage, divorce, and sup- port; Unemployment Compensation Alternative Base Period 2. Real and personal property laws; An unemployment claimant’s regular base period, used to determine possible benefits, is the first four of the five most 3. State and municipal taxation; recently completed calendar quarters prior to the one in which 4. Probate courts and procedures; the claimant files a claim. Under current law there has been a 5. Group insurance for government employees (but not temporary alternative base period available for claimants who private-sector employees); would not qualify for benefits under the regular base period. Public Act 05-34 extends a sunset provision for the alterna- 6. Family leave benefits; tive base period from December 31, 2005 until December 7. Protection against discrimination based on marital 31, 2007. The Act is effective October 1, 2005. status; Reporting Requirements on Prevailing Wage Projects 8. Workers’ compensation; Public Act 05-50 specifies that the state’s prevailing wage 9. Emergency and non-emergency medical care/treat- law applies to people doing the work of mechanics, laborers, ment, hospital visitation, authority to act in matters or workers on prevailing wage projects. This change to prior affecting family members; law means that these employees will be paid for the type of 10. Vital records and absentee voting procedures. work they do whether or not they are independent contrac- The law does not incorporate civil unions by reference into tors. Current law covers any mechanic, laborer or worker the statutes regarding marriage procedures and formalities. who is employed on the project. The Act changes the word Rather, as noted, it includes new procedures and formalities “employee” to “person” in the preexisting statute to cover
any person doing work covered by the prevailing wage law. Protection for Sales Representatives Commissions However, others involved on the project, besides mechan- Public Act 05-166 requires a principal to pay a sales repre- ics, laborers or workers, such as architects and managers, sentative, when the sales representative’s contract terminates are not covered. This Act becomes effective on October 1, and the business relationship between the sales representa- 2005. tive and principal ends, (1) all commissions due under the New Protections for the Unemployment Compensation contract as of the termination effective date, by the later of Experience Tax System the due date in the contract or 30 days after the termination date, and (2) all commissions that become due after the ef- Public Act 05-85 prohibits a person or business that buys or fective date of the termination, by the date specified in the acquires an employer solely (or primarily) to obtain its un- contract, but not later than 30 days after they become due employment tax experience rating from actually getting that under that contract. employer’s lower tax rate. It also prohibits transferring em- ployees or business from one employer to another employer For purposes of this Act “commissions” are the compensa- under the same ownership or control in order to obtain a tion that accrues to a sales representative at a percentage of lower unemployment tax rate. This law establishes penalties, the amount of the sale, orders or profits or any other agreed including fines and possible prison time, and an increase in upon compensation method, including fees for services and the business’ unemployment tax rate. The act will be inter- retainers. The law gives sales representatives the right to sue preted to comply with federal law requiring state unemploy- in certain cases and specifies that its provisions are in addi- ment statutes to prohibit merger, acquisition, restructuring tion to any other legal remedies that may be available. Also, or workforce “shifting” that is intended to avoid unemploy- this Act says that a sales representative’s acceptance of a ment taxes. The Act becomes effective October 1, 2005 and partial commission from a principal does not constitute a applies to tax years beginning on or after January 1, 2006. release by the representative of any other commissions due unless the payment is pursuant to a final and binding written Restaurant Safety settlement agreement and release. Full release of all commis- Public Act 05-134 requires food service establishments sions claimed or owed by a sales representative as a condi- (places where food is prepared/intended for individual con- tion for payment of a partial commission is void. sumption), other than catering establishments and itinerant Note: this law does not apply to an insurance producer, an vendors, to post a sign not later than October 1, 2005 that insurer or a licensed real estate person who has a claim for a describes ways to recognize and procedures to follow if a real estate commission against a real estate broker with whom patron is choking. The sign must be posted conspicuously the salesperson is associated. Effective upon passage. where operators and employees can see it and also requires operators and their employees in these establishments to be- Strike Contingency Plan Requirement for Health come familiar with the sign’s contents. Effective upon pas- Care Institutions sage. Under law health care institutions notified by a labor union that its employees intend to strike must file a contingency Prohibition on Use of Hand Held Mobile Phones by plan with the health commissioner. Public Act 05-172 will Motor Vehicle Operators require that such a plan be filed no later than five days before Public Act 05-220 prohibits a driver from using a mobile the scheduled strike, rather than immediately upon receiving telephone as defined by the Act (including cellular phones), the strike notice. The Commissioner of the Department of and any other “mobile electronic device” (including any hand- Public Health may issue a summary order to any nursing held or portable electronic equipment capable of providing home failing to file a contingency plan to comply with this data communication between two or more persons, such as law within the specified time. The order must require the text messaging devices, pagers, personal digital assistants, nursing home to comply immediately and file a plan that meets etc.) other than a hands-free telephone, while the vehicle is DPH regulations (see below), and noncompliance can result moving. Violations are punishable by a fine of up to $100. in civil penalties up to $10,000 for each day of noncompli- The Act also requires a fine whenever a motor vehicle driver ance. commits a moving violation while engaged in any non-driv- DPH must adopt regulations (1) establishing requirements ing related activity that interferes with the safe operation of for a strike contingency plan, including documentation that the vehicle. There are exceptions to the mobile telephone/ the health care institution has arranged for adequate staffing, mobile electronic device prohibition, for example, circum- security, food, pharmaceuticals and other essential supplies stances in which the sole reason for using the mobile tele- and services for patients’ needs if the strike occurs; and (2) phone or device is to deal with an emergency and the call is imposing the civil penalties under the act. This act is effec- to an emergency response operator, hospital, ambulance com- tive October 1, 2005. pany, doctor’s office, police or fire department. The Act is effective October 1, 2005.
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