§ 345. Nonpayment of wages and benefits
(a) Each employer who violates section 342, 343, 482, or 483 of this title shall be fined not more than $5,000.00. Where the employer is a corporation, the president or other officers who have control of the payment operations of the corporation shall be considered employers and liable to the employee for actual wages due when the officer has willfully and without good cause participated in knowing violations of this chapter.
(b) In addition to any other penalty or punishment otherwise prescribed by law, any employer who, pursuant to an oral or written employment agreement, is required to provide benefits to an employee shall be liable to the employee for actual damages caused by the failure to pay for the benefits, and where the failure to pay is knowing and willful and continues for 30 days after the payments are due shall be assessed a civil penalty by the Commissioner of not more than $5,000.00.
(c) The Commissioner may enforce collection of the fines assessed under this section in the Civil Division of the Superior Court. (Amended 1963, No. 188, § 1; 2013, No. 15, § 4; 2015, No. 69 (Adj. Sess.), § 5, eff. Jan. 1, 2017; 2017, No. 74, § 33.)
Structure Vermont Statutes
Chapter 5 - Employment Practices
§ 301. Medical examination, expense
§ 303. Penalty; judicial bureau
§ 305. Nursing mothers in the workplace
§ 306. Public policy of the State of Vermont; employment separation agreements
§ 309. Flexible working arrangements
§ 342. Weekly payment of wages
§ 342a. Investigation of complaints of unpaid wages
§ 344. Assignment of future wages
§ 345. Nonpayment of wages and benefits
§ 346. Enforcement by Attorney General; employee misclassification
§ 387. Enforcement by Attorney General; employee misclassification
§ 391. Modification of wage orders
§ 396. Appeals from Commissioner’s decisions
§ 413. Notice and wage payment obligations
§ 416. Powers of the Commissioner
§ 430. Policy; definitions; rules
§ 431. Age limit; certificate as to eligibility of child under 16
§ 434. Employment of children under 16
§ 436. Employment of children under 14 years
§ 437. Employment of children; special restrictions; hours for children under 16 years
§ 442. Posting notices of hours of labor
§ 446. Duties of Commissioner as to employment of children
§ 448. Duty of person having control of child
§ 452. Suspension of subchapter
§ 453. Sale of goods made in violation of subchapter
§ 472a. Short-term family leave
§ 472b. Town meeting leave; employees; students
§ 472c. Leave; alleged crime victims; relief from stalking or abuse
§ 474. Penalties and enforcement
§ 483. Use of earned sick time
§ 484. Compliance with earned sick time requirement
§ 485. Severability of provisions
§ 491. Absence on military service and training; employment and reemployment rights
§ 494a. Polygraph testing as condition of employment
§ 494b. Employers permitted to require polygraph examinations
§ 494d. Employee rights in related proceedings
§ 495. Unlawful employment practice
§ 495a. Persons entering into contracts with this State
§ 495b. Penalties and enforcement
§ 495g. Provision applicable to college professors
§ 495i. Employment based on credit information; prohibitions
§ 495j. Criminal history records; employment applications
§ 495k. Accommodations for pregnancy-related conditions
§ 495l. Social media account privacy; prohibitions
§ 495m. Salary history; employment applications
§ 495n. Sexual harassment complaints; notice to Attorney General and Human Rights Commission
§ 496a. State funds; union organizing
§ 497c. Disability awareness month
§ 504. Income from vending facilities and machines
§ 505. Vending facilities; operation by other than a person who is blind or visually impaired
§ 507. Whistleblower protection; health care employees; prohibitions; hearing; notice
§ 512. Drug testing of applicants; prohibitions; exceptions
§ 513. Drug testing of employees; prohibitions; exceptions
§ 514. Administration of tests
§ 515. Positive test results; opportunity to retest
§ 518. Designated laboratory; rule making authority of the Commissioner