Sec. 31-40d. Complaints of violations. Inspections. Discrimination prohibited.
Sec. 31-40d. Complaints of violations. Inspections. Discrimination prohibited.
(a) Any employee or representative of employees who believes that there is a violation
by the employer of such employee of any provisions of section 31-40c may request an
inspection by filing a complaint of such violation with the Labor Commissioner. The
complaint shall be in writing, signed and set forth with reasonable particularity the
grounds for the complaint. Within a reasonable period of time after receipt of such
complaint, the Labor Commissioner shall notify the employer in writing of the complaint
and permit the employer to demonstrate compliance with the provisions of section 31-40c. If such compliance has not been demonstrated to the satisfaction of the commissioner within fourteen days of the mailing of the notification, the commissioner or his
authorized representative, upon presenting appropriate credentials to the employer, operator or agent in charge, shall inspect, at reasonable times, the employer's workplace
and all conditions pertinent to the grounds of the complaint and shall, in a reasonable
manner, make any additional investigation deemed necessary by the commissioner or
his representative for the full and effective determination of such employer's compliance
with the provisions of section 31-40c. Whenever the commissioner or his authorized
representative, proceeding pursuant to this section, is denied admission to any such
place of employment, he shall obtain a warrant to make an inspection or investigation
of such place of employment from any judge of the Superior Court. Any judge of the
Superior Court within the state is authorized to issue a warrant pursuant to this section
and shall issue such warrant whenever he is satisfied that the following conditions are
met: That the individual seeking the warrant is a duly authorized agent of the department;
and that such individual has established under oath or affirmation that the place of
employment to be investigated in accordance with this section is to be inspected to
determine compliance or noncompliance with the requirements of section 31-40c.
(b) An employer shall not discriminate against or discipline, in any manner, any
employee because such employee has filed a complaint of violations of section 31-40c, as provided in this section, or has assisted the commissioner or his authorized
representative in the investigation of such a complaint.
(P.A. 81-291, S. 1.)