(a) In addition to the penalties provided in this chapter and chapter 568, any employer, officer, agent or other person who violates any provision of this chapter, chapter 557 or subsection (g) of section 31-288 shall be liable to the Labor Department for a civil penalty of three hundred dollars for each violation of said chapters and for each violation of subsection (g) of section 31-288, except that (1) any person who violates (A) a stop work order issued pursuant to subsection (c) of section 31-76a shall be liable to the Labor Department for a civil penalty of one thousand dollars and each day of such violation shall constitute a separate offense, and (B) any provision of section 31-12, 31-13 or 31-14, subsection (a) of section 31-15 or section 31-18, 31-23 or 31-24 shall be liable to the Labor Department for a civil penalty of six hundred dollars for each violation of said sections, and (2) a violation of subsection (g) of section 31-288 shall constitute a separate offense for each day of such violation.
(b) Any employer, officer, agent or other person who violates any provision of chapter 563a may be liable to the Labor Department for a civil penalty of not greater than five hundred dollars for the first violation of chapter 563a related to an individual employee or former employee, and for each subsequent violation of said chapter related to such individual employee or former employee, may be liable to the Labor Department for a civil penalty of not greater than one thousand dollars. In setting a civil penalty for any violation in a particular case, the Labor Commissioner shall consider all factors which the commissioner deems relevant, including, but not limited to, (1) the level of assessment necessary to insure immediate and continued compliance with the provisions of chapter 563a; (2) the character and degree of impact of the violation; and (3) any prior violations of such employer of chapter 563a.
(c) The Attorney General, upon complaint of the Labor Commissioner, shall institute civil actions to recover the penalties provided for under subsections (a) and (b) of this section. Any amount recovered shall be deposited in the General Fund and credited to a separate nonlapsing appropriation to the Labor Department, for other current expenses, and may be used by the Labor Department to enforce the provisions of chapter 557, chapter 563a, this chapter and subsection (g) of section 31-288 and to implement the provisions of section 31-4.
(P.A. 93-392, S. 8; May Sp. Sess. P.A. 94-6, S. 11, 28; P.A. 97-263, S. 19; P.A. 00-58, S. 1; P.A. 01-147, S. 2; P.A. 06-139, S. 6; P.A. 07-89, S. 2; P.A. 08-75, S. 1; P.A. 09-101, S. 1; P.A. 10-12, S. 1; 10-88, S. 1; P.A. 11-12, S. 1; 11-35, S. 1; P.A. 13-176, S. 3.)
History: May Sp. Sess. P.A. 94-6 specified that the appropriation to the department is “separate and nonlapsing” and substituted the budget line item for the appropriation from “personal services” to “other expenses”, effective June 21, 1994; P.A. 97-263 increased amount of fine from $150 to $300; P.A. 00-58 added references to chapter 568 and Sec. 31-288(g) and made conforming technical changes; P.A. 01-147 deleted references to “part III” of chapter 557 and added provision permitting use of money to implement provisions of Sec. 31-4; P.A. 06-139 designated existing provisions as Subsecs. (a) and (c), inserted new provision as Subsec. (b) increasing civil penalty for violation of specified sections and made conforming changes, effective January 1, 2007; P.A. 07-89 amended Subsec. (a) by establishing a civil penalty for violation of a stop work order issued pursuant to Sec. 31-76a(c); P.A. 08-75 amended Subsec. (a) by creating a civil penalty for violation of Ch. 557, redesignated existing Subsec. (b) as Subsec. (a)(2), redesignated existing Subsec. (c) as new Subsec. (b) and made technical changes; P.A. 09-101 added references to Ch. 563a; P.A. 10-12 amended Subsec. (a) by making technical changes and creating a separate offense for each day of violation of Sec. 31-288(g); P.A. 10-88 made technical changes in Subsec. (a), effective May 26, 2010; P.A. 11-12 amended Subsec. (a) by deleting reference to Ch. 563a, added new Subsec. (b) re penalty for violation of Ch. 563a, redesignated existing Subsec. (b) as Subsec. (c) and made technical changes; P.A. 11-35 made technical changes in Subsec. (a), effective June 3, 2011; P.A. 13-176 amended Subsec. (b) by replacing “shall be liable” with “may be liable”, adding references to former employee, changing penalty for a first violation from “five hundred dollars” to “not greater than five hundred dollars”, changing penalty for subsequent violations from “one thousand dollars” to “not greater than one thousand dollars” and adding provision re factors that commissioner shall consider in setting civil penalty.
Structure Connecticut General Statutes
Section 31-58a. - Minimum wage for minors in government or agricultural employment.
Section 31-59. - Investigation.
Section 31-60. - Payment of less than minimum or overtime wage. Regulations.
Section 31-61 and 31-62. - Wage board. Report and regulations.
Section 31-63. - Orders and appeal.
Section 31-64 and 31-65. - Reconsideration of wage rates. Modification of orders.
Section 31-66. - Employers' records. Orders to be posted.
Section 31-67. - Exception for person with impaired capacity.
Section 31-68a. - Enforcement of chapter.
Section 31-68b. - Reciprocal agreements.
Section 31-69a. - Additional penalty.
Section 31-69b. - Discharge, discipline, penalty or discrimination prohibited. Right of action.
Section 31-70. - Withholding wages.
Section 31-71. - Weekly payment of wages; how paid when employment ends.
Section 31-71a. - Payment of wages: Definitions.
Section 31-71c. - Payment of wages on termination of employment.
Section 31-71d. - Payment where wages disputed.
Section 31-71e. - Withholding of part of wages.
Section 31-71f. - Employer to furnish employee certain information.
Section 31-71h. - Regulations.
Section 31-71i. - Waiver of payment schedule requirement.
Section 31-71j. - Automatic enrollment retirement plans.
Section 31-71k. - Payment of wages by payroll cards. Study of payroll card usage. Regulations.
Section 31-71l. - Domestic workers education and training grants program.
Section 31-72. - Civil action to collect wage claim, fringe benefit claim or arbitration award.
Section 31-73. - Refund of wages for furnishing employment.
Section 31-74. - Wages not to be scaled.
Section 31-74a. - Computation and payment of vacation pay.
Section 31-76b. - Overtime pay: Definitions.
Section 31-76c. - Length of workweek.
Section 31-76d. - Workweek for certain establishments.
Section 31-76e. - Maximum workweek under contract or collective bargaining agreement.
Section 31-76f. - Piece rates; two or more kinds of work.
Section 31-76g. - Crediting of certain extra compensation.
Section 31-76h. - Hospital employees.
Section 31-76j. - Prior wage orders and regulations.
Section 31-76k. - Payment of fringe benefits upon termination of employment.
Section 31-76l. - Regulations.
Section 31-76m. - Remission of portion of fine or civil penalty to municipality.
Section 31-76n. - Connecticut Low Wage Employer Advisory Board. Duties. Members. Report.
Section 31-76o. - Civil action to collect past due payments to employee welfare fund.