Vermont S 117: An act relating to the therapeutic use of cannabis

Bill Text

No. 40 Page 1 of 19
2025

VT LEG #384102 v.1
No. 40. An act relating to wage and hour, unemployment compensation,
and workers’ compensation.
(S.117)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Safety and Health Rulemaking * * *
Sec. 1. [Deleted.]
Sec. 2. [Deleted.]
Sec. 3. [Deleted.]
Sec. 4. [Deleted.]
* * * Wage and Hour * * *
Sec. 5. 21 V.S.A. § 342a is amended to read:
§ 342a. INVESTIGATION OF COMPLAINTS OF UNPAID WAGES
* * *
(d) If the Commissioner determines that the unpaid wages were willfully
withheld by the employer, the order for collection may shall provide that the
employer is liable to pay an additional amount not to exceed twice the amount
of unpaid wages, one-half. One-half of which will the additional amount
recovered above the employee’s unpaid wages shall be remitted to the
employee and one-half of which shall be retained by the Commissioner to
offset administrative and collection costs.
* * *

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VT LEG #384102 v.1
Sec. 6. 21 V.S.A. § 384 is amended to read:
§ 384. EMPLOYMENT; WAGES
(a)(1) Beginning on January 1, 2022, an employer shall not employ any
employee at a rate of less than $12.55, and on each subsequent January 1, the
minimum wage rate shall be increased by five percent or the percentage
increase of the Consumer Price Index, CPI-U, U.S. city average, not seasonally
adjusted, or successor index, as calculated by the U.S. Department of Labor or
successor agency, rounded to one decimal point, for the 12 months preceding
the previous September 1, whichever is smaller, but in no event shall the
minimum wage be decreased. The minimum wage shall be rounded off to the
nearest $0.01.
* * *
Sec. 7. 21 V.S.A. § 385 is amended to read:
§ 385. ADMINISTRATION
The Commissioner and the Commissioner’s authorized representatives have
full power and authority for all the following:
* * *
(5) To recommend a suitable scale of rates for learners, apprentices, and
persons with disabilities, which may be less than the regular minimum wage
rate for experienced workers without disabilities.
* * * Notice of Potential Layoffs * * *
Sec. 8. [Deleted.]

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VT LEG #384102 v.1
* * * Unemployment Compensation * * *
Sec. 9. 21 V.S.A. § 1308 is amended to read:
§ 1308. ORGANIZATION
The Commissioner shall determine his or her the method of procedure in
accordance with the provisions of this chapter. Notwithstanding any
requirement in this chapter that the Commissioner mail notices and
determinations, the Commissioner may provide claimants and employers with
the option to authorize communications from the Commissioner to be
delivered electronically.
Sec. 10. 21 V.S.A. § 1314 is amended to read:
§ 1314. REPORTS AND RECORDS; SEPARATION INFORMATION;
DETERMINATION OF ELIGIBILITY; FAILURE TO REPORT
EMPLOYMENT INFORMATION; DISCLOSURE OF
INFORMATION TO OTHER STATE AGENCIES TO
INVESTIGATE MISCLASSIFICATION OR MISCODING
* * *
(c) If an employing unit fails to comply adequately with the provisions of
subsection (b) of this section and section 1314a of this subchapter, the
Commissioner shall determine the benefit rights of a claimant upon the
available information. Prompt notice in writing of the determination shall be
given to the employing unit. The employing unit may request or authorize the
Commissioner to provide notice of the determination electronically. The

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VT LEG #384102 v.1
determination shall be final with respect to a noncomplying employer as to any
charges against its experience-rating record for benefits paid to the claimant
before the week following the receipt of the employing unit’s reply. The
employing unit’s experience rating record shall not be relieved of these
charges, notwithstanding any other provision of this chapter, unless the
Commissioner determines that failure to comply was due to unavoidable
accident or mistake.
* * *
Sec. 11. 21 V.S.A. § 1314a is amended to read:
§ 1314a. QUARTERLY WAGE REPORTING; MISCLASSIFICATION;
PENALTIES
* * *
(d) Reports required by subsection (c) of this section shall be submitted to
the Commissioner not later than 10 calendar days after the date the
Commissioner’s request was sent electronically or mailed to the employing
unit.
(e) On request of the Commissioner, any employing unit or employer shall
report, within 10 days after the mailing, electronic delivery, or personal
delivery of the request, separation information for a claimant, any
disqualifying income the claimant may have received, and any other
information that the Commissioner may require to determine the claimant’s

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VT LEG #384102 v.1
eligibility for unemployment compensation. The Commissioner shall make a
request when:
* * *

Sec. 12. 21 V.S.A. § 1330 is amended to read:
§ 1330. ASSESSMENT PROVIDED
When any employer fails to pay any contributions or payments required
under this chapter, the Commissioner shall make an assessment of
contributions against the employer together with