Working Together

We have posted two previous articles about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity approving and advancing bills out of committee.  In addition to the bills that we have already summarized, here is a brief summary of other bills approved by the Committee (and which now await action by the full General Assembly). 

TRIBAL AND TRANSIT PAID FMLA RIGHTS: S.B. No. 1179 (“An Act Amending Connecticut Paid Family Medical Leave”) would amend the Connecticut Paid Family Medical Leave program to: 1) include tribal enterprises or tribal governments that have enrolled in the program his act; and 2) revise the exception for municipalities in a manner intended to ensure that transit districts will now be covered by the program.  The bill would also prohibit disability benefits from being offset by benefits received under the program.

FMLA AND SCHOOL EMPLOYEES: H.B. No. 6790 (“An Act Expanding Connecticut FMLA To Noncertified School Employees”) would extend coverage under Connecticut’s Family and Medical Leave Act to all non-certified employees of a local or regional board of education who have been employed for at least 12 months by such employer, and for at least 950 hours of service with such employer during the previous 12 month period.  Such rights would be the same as those provided under the federal FMLA (even if they work less than the typical federal 1250-hour threshold).  Currently, only school paraprofessionals receive this extended FMLA protection.      

UNEMPLOYMENT COMPENSATION AND FACULTY: H.B. No. 6791 (“An Act Concerning Unemployment Benefits For Adjunct Higher Education Faculty”) would require the Unemployment Compensation Administrator to determine on a case-by-case basis whether an individual who performs instructional, research or principal administrative duties at an institution of higher education has reasonable assurance that he/she/they will perform services in any such capacity for the succeeding academic year or term.  The bill sets forth criteria for the Administrator making such a determination. If an individual has such a reasonable assurance, they would be ineligible for unemployment compensation benefits for the period between such academic years or terms.  The bill requires institutions of higher learning to submit to the Connecticut Department of Labor lists of such individuals who have been given such a reasonable assurance (and those who have not). 

PREMIUM PAY: H.B. No. 6860 (“An Act Extending Connecticut Premium Pay To Certain Essential Workers”) would extend eligibility for Connecticut’s “premium pay” program to those employees those employees who were recommended for a COVID-19 vaccine in “phase 1c” by the Center for Disease Control and Prevention’s Advisory Committee on Immunization Practices as of February 20, 2021, who also: 1) worked during the entire period of the public health and civil preparedness emergency declared by the Governor; 2) were private sector (and not  federal, state or municipal) employees; 3) were not employed in a capacity where an employee worked or could have worked from home; and 4) otherwise meet the income criteria for this program. Such employees would have until December 1, 2023 to apply to participate and receive payments under this program.  The bill also extends the deadline for the program to stop paying benefits from June 30, 2024, to June 30, 2025.

APPRENTICESHIP REPORTING: S.B. No. 1125 (“An Act Concerning Apprenticeship Reporting Data”) would requires each person sponsoring a Connecticut Department of Labor-registered apprenticeship program to annually submit to the Department specified information related to the program.

TEACHER LABOR COMPLAINT REMEDIES: H.B. No. 6793 (“An Act Modifying The State Board Of Labor Relations' Remedies For Prohibited Practices For Certified Employees”) would empower the State Board of Labor Relations to issue cease and desist orders with respect to unfair labor practices complaints that are in violation of the Teacher Negotiation Act.  

EARLY CHILDHOOD COLLECTIVE BARGAINING RIGHTS: S.B. No. 1121 (“An Act Concerning Care 4 Kids Provider Rights”) would allow providers in the Care 4 Kids early child care program to retain the same collective bargaining rights should the program be amended (or should there be a successor program).

BROADBAND GRANTS AND PREVAILING WAGE: H.B. No. 6862 (“An Act Concerning Broadband Construction And The Prevailing Wage”) would require  the  Broadband Internet Access Service Grant Program to prioritize giving grants to applicants who meet certain criteria (e.g., having certain training programs - including occupational safety training; using a directly employed, rather than contracted, workforce; having programs to promote training and hiring pipelines for underserved communities; and having “robust records of compliance” with various labor and employment laws). The bill also provides that broadband installation projects funded by program grants shall be covered by the state’s prevailing wage laws.

ADVANCED ENERGY TRAINING PROGRAMS: H.B. No. 6362 (“An Act Concerning Advanced Energy Companies And The Workforce”) would establish an "advanced energy workforce training account," which shall be a separate, nonlapsing account within the General Fund, to be expended by the Office of Workforce Strategy for the purposes of training programs, apprenticeships and certification programs for an advanced energy workforce. For purposes of this bill, "advanced energy" means technology and services that make the use of wind, solar, hydroelectric and nuclear energy secure, clean and affordable, including, but not limited to, energy efficiency, demand response, energy storage, electric vehicles, and chargers and software. The bill also requires the Department of Energy and Environmental Protection to conduct a study of 1) economic development programs in the state for the purpose of making recommendations to improve such programs and attract advanced energy and energy-efficiency manufacturing to the state, and 2) tax laws and regulations of the state, for the purpose of making recommendations to improve and attract advanced energy and energy-efficiency manufacturing to the state. The Department is then to submit a report with the results of the study (including recommendations) by January 1, 2024 to the General Assembly’s Labor and Public Employees Committee.

AGRICULTURAL EMPLOYEES AND UNEMPLOYMENT COMPENSATION: H.B. No. 5859 (“An Act Concerning Employment Of Individuals In Agricultural Labor”) would increase from $20,000 to $25,000 the annual compensation threshold that determines whether an agricultural employer and its employees are covered by the state’s unemployment statutes.

REGULATIONS: H.B. No. 6788 (“An Act Concerning Working Conditions”) would require the Connecticut Commissioner of Labor to adopt regulations regarding safe and equitable working conditions for all employees in the state.

YES, MORE STUDIES:

The Legislature is asking the Connecticut Commissioner of Labor to “study” several matters.  S.B. No. 151 (“An Act Establishing A Full Employment Trust Fund”) would require the Commissioner to conduct a study regarding the establishment of a full employment trust fund (to be administered by the Connecticut Department of Labor) that awards employment opportunity grants to public and nonprofit entities for the purpose of creating employment opportunities and job-training  programs.  S.B. No. 805 (“An Act Concerning The Labor Department And Data Breaches”) would require the Commissioner to conduct a study regarding data breaches and false unemployment claims suffered by the Connecticut Department of Labor.  S.B. No. 1120 (“An Act Concerning Workers' Rights”) would require the Commissioner to conduct a study “of the rights of employees in this state”. These bills would all require the Commissioner to submit reports with findings to the General Assembly’s Labor and Public Employees Committee by January 1, 2024.

H.B. No. 5858 (“An Act Concerning A Study Regarding The Establishment Of A Flexible Spending Account Program For Child Care Expenses”) would require the Comptroller to conduct a study regarding the establishment of a flexible spending account program for residents of the state to use for costs incurred relating to child care. The Comptroller is then to submit a report with the findings of the study to the General Assembly’s Labor and Public Employees Committee by January 1, 2024.

S.B. No. 1122 (“An Act Concerning Workers' Compensation”) would require the Workers' Compensation Commission to conduct a study of the workers' compensation system in our state and, by January 1, 2024, report to the General Assembly’s  Labor and Public Employees Committee the results of the study, along with recommendations for legislation.

H.B. No. 5856 (“An Act Concerning A Study Of State Marshals' Health Benefits”) would require the State Marshal Commission to conduct a study of state marshals' health benefits. The Commission is then to submit a report with the results of such study (including recommendations for legislation) to the General Assembly’s Labor and Public Employees Committee by January 1, 2024.

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Bills affecting labor and employment issues may also emerge from other committees (such as the Judiciary Committee and the Planning and Development Committee).  The 2023 regular session of the General Assembly is scheduled to adjourn on June 7, 2023, so stay tuned to see if any of these bills are eventually enacted by the full legislature (not to mentioned signed into law by the Governor).

Please contact any of Pullman & Comley's Labor and Employment Law attorneys if you have any questions.