(a) As used in this section:
(1) “Commercial enterprise” means any form of commercial conduct or a particular commercial transaction or act, including the operation of a casino, which relates to or is connected with any profit-making pursuit;
(2) “Labor organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment;
(3) “Tribe” means any federally recognized Indian tribe which is subject to the Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2701 et seq.
(b) The state shall not provide any funds or services which directly or indirectly assist any tribe engaged in a commercial enterprise until the tribe adopts an Employment Rights Code established pursuant to subsection (e) of this section, unless such funds or services are (1) required by federal or state law, (2) were agreed to in writing prior to July 1, 1993, or (3) are provided to a project which is covered by federal or state employment regulations or employment rights laws. This subsection shall not be construed to prohibit the state from enforcing any civil or criminal law, or any gaming regulation at a commercial enterprise owned or operated by a tribe, or to require the state to enforce a violation of any criminal law which would not be a violation if it occurred outside tribal land. The Governor, upon consulting with the leaders of the General Assembly, may waive the restrictions set forth in this subsection in the event of a declared emergency.
(c) The state shall oppose any application by a tribe, pursuant to 25 CFR chapter 151, to convert any parcel of fee interest land to federal trust status. The conversion shall be deemed contrary to the interest of the state and its residents.
(d) The Governor shall include in each future proposal by the state in negotiations conducted pursuant to the Indian Gaming Regulatory Act, a provision requiring the adoption of an Employment Rights Code established pursuant to subsection (e) of this section. The Governor shall employ his best efforts to ensure that any final agreement, compact or contract established under the Indian Gaming Regulatory Act includes an Employment Rights Code in accordance with subsection (e) of this section.
(e) The Employment Rights Code referred to under this section shall include the following provisions:
(1) A commercial enterprise subject to tribal jurisdiction shall not, except in the case of a bona fide occupational qualification or need, refuse to hire or employ or bar or discharge from employment any individual or discriminate against him or her in compensation or in terms, conditions or privileges of employment because of the individual's race, color, religious creed, sex, gender identity or expression, marital status, national origin, ancestry, age, present or past history of mental disorder, intellectual disability, sexual orientation, learning or physical disability, political activity, union activity or the exercise of rights protected by the United States Constitution. This subdivision shall not be construed to restrict the right of a tribe to give preference in hiring to members of the tribe.
(2) A commercial enterprise subject to tribal jurisdiction shall not deny any individual, including a representative of a labor organization, seeking to ensure compliance with this section, access to employees of the tribe's commercial enterprise during nonwork time in nonwork areas. The tribe shall not permit any supervisor, manager or other agent of the tribe to restrict or otherwise interfere with such access.
(3) When a labor organization claims that it has been designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, the labor organization may apply to an arbitrator to verify the claim pursuant to subdivision (4) of this subsection. If the arbitrator verifies that the labor organization has been designated or selected as the bargaining representative by a majority of the employees in an appropriate unit, the tribe shall, upon request, recognize the labor organization as the exclusive bargaining agent and bargain in good faith with the labor organization in an effort to reach a collective bargaining agreement. However, the arbitrator shall disallow any claim by a labor organization that is dominated or controlled by the tribe.
(4) (A) Any individual or organization claiming to be injured by a violation of any provision of this subsection shall have the right to seek binding arbitration under the rules of the American Arbitration Association. Such individual or organization shall file a demand for arbitration with the tribe not later than one hundred eighty days after the employee or labor organization knows or should know of the tribe's violation of any provision of this subsection. The demand shall state, in plain language, the facts giving rise to the demand.
(B) The demand for arbitration shall also be served upon the Connecticut office of the American Arbitration Association. Absent settlement, a hearing shall be held in accordance with the rules and procedures of the American Arbitration Association. The costs and fees of the arbitrator shall be shared equally by the tribe and the labor organization.
(C) The decision of the arbitrator shall be final and binding on both parties and shall be subject to judicial review and enforcement against all parties in the manner prescribed by chapter 909.
(5) A tribe shall not retaliate against any individual who exercises any right under the Employment Rights Code. Any individual or organization claiming to be injured by a violation of the provisions of this section shall have the right to seek binding arbitration pursuant to subdivision (4) of this subsection.
(f) Notwithstanding the provisions of this section, the Governor may negotiate an agreement with a tribe which establishes rights for employees of commercial enterprises subject to tribal jurisdiction in addition to those provided under the Employment Rights Code established under subsection (e) of this section.
(P.A. 93-365, S. 1–6; P.A. 11-55, S. 16; P.A. 13-139, S. 31.)
History: P.A. 93-365 effective July 1, 1993; P.A. 11-55 amended Subsec. (e)(1) to prohibit discrimination on basis of gender identity or expression; P.A. 13-139 amended Subsec. (e) by substituting “intellectual disability” for “mental retardation” and making a technical change in Subdiv. (1), and making a technical change in Subdiv. (3).
Structure Connecticut General Statutes
Chapter 557 - Employment Regulation
Section 31-12. - Hours of labor of minors in manufacturing or mechanical establishments.
Section 31-13. - Hours of labor of minors in mercantile establishments.
Section 31-13b. - Visible clock required as part of time card system.
Section 31-14. - Night work of minors regulated.
Section 31-15a. - Criminal penalty.
Section 31-16. - Night work in messenger service.
Section 31-18. - Hours of labor of minors in certain other establishments.
Section 31-21. - Legal day's work.
Section 31-22. - Labor Commissioner's duties of enforcement and reports.
Section 31-22m. (Formerly Sec. 31-51a). - Apprenticeship. Definitions.
Section 31-22n. (Formerly Sec. 31-51b). - Apprenticeship council.
Section 31-22o. (Formerly Sec. 31-51c). - Powers and duties of council.
Section 31-22p. (Formerly Sec. 31-51d). - Labor Commissioner's powers and duties.
Section 31-22q. (Formerly Sec. 31-51e). - Program of apprentice training. Informational campaign.
Section 31-22r. - Apprenticeship registration; apprentices, sponsors.
Section 31-22s. - Report re feasibility of on-line apprenticeship registration system.
Section 31-22t. (Formerly Sec. 31-51j). - Preclusion of apprentice training programs prohibited.
Section 31-22u. - Military training evaluation.
Section 31-22v. - Office of apprenticeship training. Internet web site.
Section 31-23. - Employment of minors prohibited in certain occupations. Exceptions.
Section 31-24. - Hazardous employment of children forbidden.
Section 31-25. - Operation of elevators by minors.
Section 31-28. - Registration of manufacturing and mechanical establishments.
Section 31-29. - Manufacturing license for residential buildings.
Section 31-30. - Home workers.
Section 31-31. - Records of home workers and materials.
Section 31-33. - Regulation of industrial home work.
Section 31-34. - Stained glass windows.
Section 31-35. - Lighting and sanitary condition of factories and roundhouses.
Section 31-36. - Toilet room required in foundries. Penalty.
Section 31-38. - Toilet accommodations on tobacco plantations.
Section 31-39. - Employees in paper factory to be vaccinated.
Section 31-40c. - Information and notice requirements for employers using or producing carcinogens.
Section 31-40d. - Complaints of violations. Inspections. Discrimination prohibited.
Section 31-40e. - Order to comply. Citation. Hearing. Appeal.
Section 31-40f. - Penalties. Duties of Labor Commissioner. Private right of action.
Section 31-40h. - Sterilization as condition of employment prohibited.
Section 31-40i. - Enforcement. Private right of action.
Section 31-40j. - Definitions.
Section 31-40k. - Employee's right to information concerning toxic substances. Employer's list.
Section 31-40l. - Information requirements for employer using or producing toxic substances.
Section 31-40n. - Trade secret protections. Registration with Labor Commissioner.
Section 31-40o. - Discrimination prohibited. Waiver of rights void.
Section 31-40p. - Severability.
Section 31-40s. - Smoking or use of tobacco products outside of the workplace.
Section 31-40v. - Establishment of safety and health committees by certain employers.
Section 31-40w. - Breastfeeding in the workplace.
Section 31-40y. - Employer harassment of and discrimination against interns prohibited.
Section 31-41. - Order to remove excessive dust.
Section 31-42. - Appliances for threading shuttles.
Section 31-43. - Public laundries; sanitation.
Section 31-44. - Penalty for violation of orders.
Section 31-45. - Emergency kits required in factories.
Section 31-45a. - Protection of feet.
Section 31-47. - Inspection of employee lodging houses.
Section 31-48. - Laborers not to be overcharged.
Section 31-48a. - Recruitment or referral of professional strikebreaker restricted.
Section 31-48c. - Hiring of municipal police during labor dispute prohibited.
Section 31-49. - Care required of a master for his servant's safety.
Section 31-49e. - Paid family and medical leave. Definitions.
Section 31-49f. - Paid Family and Medical Leave Insurance Authority established.
Section 31-49i. - Family and Medical Leave Insurance Trust Fund established.
Section 31-49j. - Duties of State Treasurer.
Section 31-49k. - State Treasurer. Investments.
Section 31-49l. - Board of directors. Responsibilities.
Section 31-49o. - Private plans. Approval of. Conditions.
Section 31-49q. - Written notice required of employer.
Section 31-49s. - Employer providing more expansive benefits.
Section 31-49t. - Authority's annual report.
Section 31-50a. - Noncompete agreements: Security guards.
Section 31-50b. - Noncompete agreements: Broadcast employees.
Section 31-51. - Blacklisting.
Section 31-51aa. - Drug testing: Effect of collective bargaining agreement.
Section 31-51bb. - Right of employee to pursue cause of action.
Section 31-51f. - Participation in Manpower Development and Training Act.
Section 31-51g. - Use of polygraph prohibited. Penalty. Exceptions.
Section 31-51ii. - Meal periods. Exemptions. Regulations.
Section 31-51jj. - Notice to employees of incoming emergency telephone calls.
Section 31-51k. - Employment of alien not entitled to residence.
Section 31-51kk. - Family and medical leave: Definitions.
Section 31-51mm. - Family and medical leave: Certification.
Section 31-51n. - Definitions.
Section 31-51nn. - Family and medical leave: Employment and benefits protection.
Section 31-51oo. - Family and medical leave: Confidentiality of medical records and documents.
Section 31-51p. - Membership in health care center as part of health benefits plan.
Section 31-51pp. - Family and medical leave: Prohibited acts, complaints, rights and remedies.
Section 31-51qq. - Family and medical leave: Regulations.
Section 31-51r. - Execution of employment promissory note prohibited.
Section 31-51rr. - Family and medical leave benefits for employees of political subdivisions.
Section 31-51t. - Drug testing: Definitions.
Section 31-51u. - Drug testing: Requirements.
Section 31-51uu. - Optional exclusion of employee health insurance premiums from gross income.
Section 31-51v. - Drug testing: Prospective employees.
Section 31-51vv. - Employment of person coerced to engage in such employment prohibited.
Section 31-51w. - Drug testing: Observation prohibited. Privacy of results.
Section 31-51x. - Drug testing: Reasonable suspicion required. Random tests.
Section 31-51z. - Drug testing: Enforcement. Damages.
Section 31-51aaa. - Individual Development Account Reserve Fund: Use and administration.
Section 31-51ccc. - Program evaluation. Report.
Section 31-51ddd. - Regulations.
Section 31-51eee. - Receipt of funds authorized.
Section 31-51fff. - Restrictions on funding expenditures to apply.
Section 31-51ww. - Individual development account programs: Definitions.
Section 31-51xx. - Connecticut IDA Initiative established. Implementation.
Section 31-51yy. - Eligibility. Duties of community-based organizations and financial institutions.
Section 31-51zz. - Individual Development Account Reserve Fund: Funds deposited in.
Section 31-52a. - Residents' preference in work on other public facilities.
Section 31-54. - Rate of wages for work on state highways.
Section 31-55. - Posting of wage rates by contractors doing state work.
Section 31-55a. - Annual adjustments to wage rates by contractors doing state work.
Section 31-56. - Hours of labor on state bridges.
Section 31-56a. - Definitions.
Section 31-56b. - Project labor agreements for public works projects.
Section 31-56c. - Use of project labor agreement re public school design-build contract.
Section 31-56d. - Severability.
Section 31-57. - Hours of labor on construction, alteration or repair of public works project.
Section 31-57a. - Awarding of contracts to National Labor Relations Act violators prohibited.
Section 31-57b. - Awarding of contracts to occupational safety and health law violators prohibited.
Section 31-57i. - Employee Misclassification Advisory Board. Members. Duties.
Section 31-57r. - Definitions.
Section 31-57t. - Permitted uses for sick leave.
Section 31-57u. - Additional leave. Donation of unused leave. Breaks in service.
Section 31-57w. - Notice to service workers of sick leave requirements. Regulations.
Section 31-57x. - Paid family and medical leave program. Implementation plan. Report.
Section 31-57y. - Unpaid time off for purposes of voting at an election.
Section 31-57z. - Education assistance programs. Notice to employees.