With this session of the Connecticut General Assembly set to end on June 8th, we are giving you the up-to-theminute report on where workplace bills stand:

SIGNED INTO LAW: Public Act 11-12, effective October 1, 2011 - Act Concerning Increasing Penalties for Repeat Violators of the Personnel Files Act

This Act, signed into law by Governor Malloy on May 24, 2011, increases the fine for violating the Personnel Files Act from (1) $300 to $500 for a first violation and (2) $300 to $1,000 for any subsequent violations related to the same employee. Upon a complaint from the labor commissioner, the attorney general must initiate a lawsuit in civil court to recover these penalties.

Remember that Connecticut's Personnel Files Act mandates that employers must "within a reasonable time after receipt of a written request from an employee, permit such employee to inspect his personnel file…Such inspection shall take place during regular business hours at a location at or reasonably near the employee's place of employment" but, an employer is not required to allow such an inspection more than twice in any calendar year. Also, an employee has a right to a copy of his/her personnel file, provided by the employer within a reasonable time after the written request, although the employer may charge a reasonable fee for copying it. If an employer charges a fee for copying it should do so consistently.

What does "within a reasonable time" mean? Generally, the Connecticut DOL gives an employer 30 days from the receipt of the employee's written request to turn over the file.

Status of Other Proposed Bills that will Effect Connecticut Employers if Passed

SB 913: Act Mandating Paid Sick Leave

The paid sick day bill was passed by the Connecticut Senate on May 25th on a 18-17 vote. The Senate represented the only viable obstacle to the being passed; it is anticipated that the bill will pass in the House and the Governor has stated he will sign it. The bill will require employers with 50 or more employees to provide paid sick leave accruing at the rate of one hour per 40 hours worked, beginning January 1, 2012. Employees could be required to work at least 680 hours (17 weeks) after leave begins accruing before leave can be used. Leave could be taken for the employee's own illness or injury, or that of a child, spouse, or parent, as well as for reasons related to family violence or sexual assault. The bill would also require the employer to permit that up to 40 hours of paid sick leave can be carried over into the next calendar year. Covered employees under the bill include nonexempt employees engaged in service to the employer who have worked at least 520 hours (roughly thirteen 40-hour weeks) within the last 12 months. The bill also exempts manufacturers and the YMCA from the mandate.

SB 984: Use of Criminal Records For Temporary Workers Offered A Permanent Position.

This bill is awaiting debate; however it has seen little action thus far in either the House or Senate. This bill prohibits an employer, or an employer's agent, representative, or designee, from requiring a prospective employee to disclose his or her criminal history or submit to a criminal background check, if the prospective employee has provided at least one calendar year of service as a temporary employee to the employer. The bill does not apply to positions that require a criminal background check by law.

HB 5460: Captive Audience Meetings

This bill was passed by the House on May 11th and is on the Senate calendar for a vote. It would prohibit employers, private- and public-sector, from requiring employees to attend meetings primarily about the employer's position on religious or political matters. The bill defines political matters as including political party affiliation or the decision to join or not join any lawful political, social, or community group or activity, or a labor organization. A labor organization is any organization that exists, wholly or partly for the purpose of collective bargaining or dealing with employers about grievances, employment terms or conditions, or mutual aid or protection connected with employment.

An aggrieved employee may enforce the bill's provisions through a Superior Court civil action brought within 90 days of the alleged violation. The court may award a prevailing employee all appropriate relief, including job reinstatement and triple damages.

What is this bill really all about? It would prohibit employers from talking to employees about unions when the workforce is facing a vote on union-representation. Federal law has allowed the employer to do so for over 60 years – the National Labor Relations Act, allows captive audience meetings more than 24 hours before a union election, as long as the employer does not commit an unfair labor practice (such as threatening reprisal for supporting a union).

HB 6599: Prohibiting Discrimination on the Basis of Gender Identity or Expression.

This bill would amend Connecticut discrimination statutes to prohibit discrimination on the basis of gender identity or expression in employment, public accommodations, the sale or rental of housing, the granting of credit, state contracts, education, utility service, state licensing, state job training and various other contexts, to define "gender identity or expression," and to authorize the Commission on Human Rights and Opportunities to investigate complaints of discrimination on the basis of gender identity or expression.

This bill passed the house largely along party lines, by a vote of 77 to 62, on May 19th and now awaits consideration by the Senate. Thirteen states have already enacted similar legislation.

SB 1154: The Reporting of Claims Information to the Comptroller and Additional Duties of the Comptroller.

Awaiting a vote in the Senate, this bill will require municipalities to report, to the State Comptroller, the following: each type of health insurance policy or plan offered to its employees, early retirees, and retirees including covered benefits and any coverage limitations; total premium costs for each policy or plan by coverage tier; cost sharing requirements (e. g. , coinsurance, co-payments, deductibles, and out-of-pocket expenses) associated with innetwork and out-of-network providers; and, several other elements of plan and enrollment information to the Comptroller.

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