Connecticut HB 5275: AN ACT CONCERNING AUDITS OF CERTAIN NONSTATE ENTITIES RECEIVING STATE FINANCIAL ASSISTANCE.
Status: FILE NO. 229 (as of 2024-04-03)
State: Connecticut · Session: 2024 · Bill: HB 5275
Subjects: Audits, Fines (Penalties), Municipalities, Nonprofit organizations, Policy and Management, Office of, State agencies, State aid programs, Tourism districts
Sponsors: Travis Simms
Bill Text
LCO 1075 1 of 4 General Assembly Raised Bill No. 5275 February Session, 2026 LCO No. 1075 Referred to Committee on LABOR AND PUBLIC EMPLOYEES Introduced by: (LAB) AN ACT CONCERNING A CONTRACTOR'S RESPONSIBILITY FOR UNPAID WAGES ON A CONSTRUCTION CONTRACT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2026) (a) For the purposes of this 1 section and section 31-72 of the general statutes, as amended by this act: 2 (1) "Construction contract" means any contract entered into on or 3 after October 1, 2026, for construction, renovation or rehabilitation in the 4 state, including any improvements to real property that are associated 5 with such construction, renovation or rehabilitation, or any subcontract 6 for construction, renovation or rehabilitation between an owner and a 7 contractor, a contractor and a subcontractor or between a subcontractor 8 and another subcontractor. "Construction contract" does not include (A) 9 any public works or other contract entered into with any agency or 10 department in the state, another state or a federal agency or department, 11 or (B) a home improvement contract for (i) the construction, renovation 12 or rehabilitation of an owner-occupied residence or the property where 13 such residence is located, or (ii) the construction, renovation or 14 Raised Bill No. 5275 LCO 1075 2 of 4 rehabilitation of a one-family or two-family dwelling unit or the 15 property where such dwelling unit is located, except when such contract 16 is for the construction of more than fifteen one-family or two-family 17 dwelling units at one project site; 18 (2) "Contractor" means any individual, firm, partnership, 19 corporation, association, company, organization or other business 20 entity, including, but not limited to, a construction manager, general or 21 prime contractor, joint venture or any combination thereof that has a 22 direct contractual relationship with an owner; 23 (3) "Employee" has the same meaning as provided in section 31-71a 24 of the general statutes; 25 (4) "Owner" has the same meaning as provided in section 42-158i of 26 the general statutes; 27 (5) "Subcontractor" means any individual, firm, partnership, 28 corporation, association, company, organization or other business entity 29 or any combination thereof that (A) does not have a direct contractual 30 relationship with an owner, and (B) (i) is a party to a construction 31 contract with a contractor, (ii) is a party to a construction contract with 32 another subcontractor that has a direct contractual relationship with a 33 contractor, or (iii) performs any portion of work at any tier within the 34 scope of a construction contract regardless of whether such 35 subcontractor has a direct contractual relationship with a contractor; 36 and 37 (6) "Wages" has the same meaning as provided in section 31-71a of 38 the general statutes. 39 (b) A contractor that enters into a construction contract shall be jointly 40 and severally liable for any unpaid wages due to an employee of a 41 subcontractor for such employee's performance of labor included within 42 the scope of the construction contract. 43 (c) Nothing in this section shall prohibit a contractor from including 44 Raised Bill No. 5275 LCO 1075 3 of 4 in any construction contract between such contractor and a 45 subcontractor a provision establishing a remedy for any liability created 46 by the nonpayment of wages by a subcontractor, provided such 47 provision does not diminish the right of an employee to bring an action 48 under section 31-72 of the general statutes, as amended by this act, and 49 does not waive or release any liability assigned to a contractor under 50 this section. No such provision to waive or release liability assigned to 51 the contractor under this section shall be enforceable. 52 Sec. 2. Section 31-72 of the general statutes is repealed and the 53 following is substituted in lieu thereof (Effective October 1, 2026): 54 (a) When any employer fails to pay an employee wages in accordance 55 with the provisions of sections 31-71a to 31-71i, inclusive, or fails to 56 compensate an employee in accordance with section 31-76k or where an 57 employee or a labor organization representing an employee institutes 58 an action to enforce an arbitration award which requires an employer to 59 make an employee whole or to make payments to an employee welfare 60 fund, such employee or labor organization shall recover, in a civil action, 61 (1) twice the full amount of such wages, with costs and such reasonable 62 attorney's fees as may be allowed by the court, or (2) if the employer 63 establishes that the employer had a good faith belief that the 64 underpayment of wages was in compliance with law, the full amount of 65 such wages or compensation, with costs and such reasonable attorney's 66 fees as may be allowed by the court. Any agreement between an 67 employee and his or her
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