Sec. 31-76a. Investigations on complaint of nonpayment of wages and certain misrepresentations re employees. Issuance of stop work order.
Sec. 31-76a. Investigations on complaint of nonpayment of wages and certain
misrepresentations re employees. Issuance of stop work order. (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 minimum wage and wage
enforcement agents of the Labor Department 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.)
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.