(a) On receipt of a complaint for nonpayment of wages or a violation of the provisions of subsection (g) of section 31-288, the Labor Commissioner, the director of Wage and Workplace Standards or the director's designee, shall have power to enter, during usual business hours, the place of business or employment of any employer to determine compliance with the wage payment laws or subsection (g) of section 31-288, 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.
(b) The commissioner or the director, for such purpose, may issue subpoenas for the attendance of witnesses and the production of books and records. Any employer or any officer or agent of any employer, corporation, firm or partnership who wilfully fails to furnish time and wage records as required by law to the commissioner, the director of minimum wage or any wage enforcement agent upon request, or who refuses to admit the commissioner, the director or such agent to the place of employment of such employer, corporation, firm or partnership, or who hinders or delays the commissioner, the director or such agent in the performance of the commissioner's, the director's or such agent's duties in the enforcement of this section shall be fined not less than one hundred dollars nor more than two hundred fifty dollars. Each day of such failure to furnish the time and wage records to the commissioner, the director or such agent shall constitute a separate offense, and each day of refusal to admit, of hindering or of delaying the commissioner, the director or such agent shall constitute a separate offense.
(c) (1) If the commissioner determines, after an investigation pursuant to subsection (a) of this section, that an employer is in violation of subsection (g) of section 31-288, the commissioner shall issue, not later than seventy-two hours after making such determination, a stop work order against the employer requiring the cessation of all business operations of such employer. Such stop work order shall be issued only against the employer found to be in violation of subsection (g) of section 31-288 and only as to the specific place of business or employment for which the violation exists. Such order shall be effective when served upon the employer or at the place of business or employment. A stop work order may be served at a place of business or employment by posting a copy of the stop work order in a conspicuous location at the place of business or employment. Such order shall remain in effect until the commissioner issues an order releasing the stop work order upon a finding by the commissioner that the employer has come into compliance with the requirements of subsection (b) of section 31-284, or after a hearing held pursuant to subdivision (2) of this subsection.
(2) Any employer against which a stop work order is issued pursuant to subdivision (1) of this subsection may request a hearing before the commissioner. Such request shall be made in writing to the commissioner not more than ten days after the issuance of such order. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(3) Stop work orders and any penalties imposed under section 31-288 or 31-69a against a corporation, partnership or sole proprietorship for a violation of subsection (g) of section 31-288 shall be effective against any successor entity that has one or more of the same principals or officers as the corporation, partnership or sole proprietorship against which the stop work order was issued and are engaged in the same or equivalent trade or activity.
(4) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, necessary to carry out this subsection.
(1959, P.A. 369; P.A. 77-604, S. 31, 84; P.A. 00-58, S. 2; P.A. 07-89, S. 3; P.A. 18-126, S. 9.)
History: P.A. 77-604 substituted reference to Secs. 52-148a to 52-148e for reference to Sec. 52-148; P.A. 00-58 divided existing provisions into Subsecs. (a) and (b), added references to Sec. 31-288(g) in Subsec. (a) and made technical changes in Subsec. (b); P.A. 07-89 amended Subsec. (b) by increasing penalty from not less than $25 or more than $100 to not less than $100 or more than $250, and added Subsec. (c) re issuance of stop work orders and authorizing Labor Commissioner to adopt regulations to carry out provisions of subsection; P.A. 18-126 amended Subsec. (a) by replacing reference to director of minimum wage and wage enforcement agents of the Labor Department with reference to director of Wage and Workplace Standards or the director's designee.
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.