Vermont H 336: An act relating to including psychological abuse as the basis for obtaining a civil abuse protection order

Bill Text

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VT LEG #379427 v.1
H.336 1
Introduced by Representatives Logan of Burlington, Casey of Montpelier, 2
Cina of Burlington, Cole of Hartford, Cordes of Bristol, 3
Headrick of Burlington, Hooper of Randolph, McCann of 4
Montpelier, McGill of Bridport, Priestley of Bradford, and 5
Tomlinson of Winooski 6
Referred to Committee on 7
Date: 8
Subject: Labor; employment practices; enhance enforcement of employment 9
laws 10
Statement of purpose of bill as introduced: This bill proposes to enhance 11
enforcement of employment laws by permitting employees, representative 12
organizations, and whistleblowers to bring civil actions on behalf of the 13
Commissioner of Labor to enforce certain provisions of Title 21 of the 14
Vermont Statutes Annotated. 15
An act relating to enhancing enforcement of employment laws 16
It is hereby enacted by the General Assembly of the State of Vermont: 17
Sec. 1. 21 V.S.A. chapter 2 is added to read: 18
CHAPTER 2. ENFORCEMENT OF EMPLOYMENT LAWS 19
§ 51. DEFINITIONS 20

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VT LEG #379427 v.1
As used in this chapter: 1
(1) “Aggrieved employee” means an employee or former employee 2
against whom one or more violations of the provisions of this title was 3
committed. The term “aggrieved employee” includes an individual who is 4
asserting a claim that the individual was misclassified as an independent 5
contractor in violation of the provisions of this title. The term “aggrieved 6
employee” does not include an individual whose terms of employment and 7
working conditions are covered by a collective bargaining agreement. 8
(2) “Commissioner” means the Commissioner of Labor. 9
(3) “Employee” means any person who may be permitted, required, or 10
directed by an employer, in consideration of direct or indirect gain or profit, to 11
perform services. 12
(4) “Employer” means an individual; organization; governmental body; 13
partnership; association; corporation; legal representative; trustee; receiver; 14
trustee in bankruptcy; and any common carrier by rail, motor, water, air, or 15
express company doing business in or operating within this State. 16
(5) “Public enforcement action” means a civil action brought by a 17
relator pursuant to the provisions of this chapter to enforce provisions of 18
chapters 5, 9, 12, 16A, and 17 of this title that are enforceable by the 19
Commissioner, and to enforce provisions of chapter 3 of this title that are 20
enforceable by the Commissioner of Public Safety. 21

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VT LEG #379427 v.1
(6) “Relator” means an aggrieved employee, representative 1
organization, or whistleblower who brings a public enforcement action 2
pursuant to section 52 of this chapter. 3
(7) “Representative organization” means a nonprofit corporation or 4
union that regularly advocates on behalf of employees or assists employees in 5
the enforcement of the provisions of this title, and that has been selected by an 6
aggrieved employee or whistleblower to bring a public enforcement action on 7
the aggrieved employee’s or whistleblower’s behalf pursuant to section 52 of 8
this chapter. 9
(8) “Whistleblower” means a current or former employee, contractor, 10
subcontractor, or employee of a contractor or subcontractor with knowledge of 11
facts that the individual reasonably believed constitute a violation of the 12
provisions of this title. 13
§ 52. PUBLIC ENFORCEMENT ACTIONS 14
(a)(1) A relator may bring a public enforcement action on behalf of and in 15
the name of the Commissioner pursuant to the procedures set forth in section 16
53 of this chapter. A relator may seek the same penalties and injunctive or 17
declaratory relief that the Commissioner would be entitled to seek if the 18
Commissioner brought the action. 19

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VT LEG #379427 v.1
(2) A public enforcement action shall be brought in the Civil Division of 1
the Superior Court of Washington County or in the county in which the alleged 2
violation occurred. 3
(3)(A) A public enforcement action may be brought on behalf of one or 4
more individuals in relation to one or more violations of the provisions of this 5
title by the same employer. 6
(B) A public enforcement action shall be subject to the requirements 7
of Rule 23(a) of the Vermont Rules of Civil Procedure. 8
(b)(1) In a public enforcement action brought pursuant to this chapter, the 9
court shall be permitted to assess the same penalties for violations of this title 10
as if the action was brought by the Commissioner. 11
(2) Any civil penalties assessed pursuant to a public enforcement action 12
shall be distributed as follows: 13
(A) If the Commissioner does not intervene on the action, 30 percent 14
of the proceeds recovered and collected in the action in settlement of the claim 15
shall be awarded to the relator and the remaining 70 percent shall be awarded 16
to the Department of Labor. 17
(B) If the Commissio