Vermont


(a) The department of labor and industry is hereby created to administer the laws relating to labor in chapters 1 through 13 of this title and other laws assigned to the department...


With the written approval of the governor, the commissioner of labor and industry is authorized and empowered to cooperate and contract in the name and on behalf of the state with the...


The commissioner or his agent shall make examinations and investigations to see that the laws pertaining to the employment of minors and women and the weekly payment of wages are being...


With the approval of the governor, the commissioner of labor and industry may suspend the operation of the laws relating to the hours of employment of women and children while the United States...


(a) The purpose of this subchapter is to assure that elevators and other automated conveyances are correctly and safely installed and operated within the state by authorizing and enforcing...


(a) This subchapter regulates the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following conveyances and associated parts that are installed...


No person shall erect, construct, wire, alter, replace or maintain any conveyance located in any public building in this state unless the person is licensed as an elevator mechanic, except...


(a) The elevator safety review board is established within the department, and shall consist of five members, one of whom shall be the commissioner or the commissioner's designee, and four...


An individual shall submit to the commissioner a written application for an elevator mechanic or a lift mechanic license on a form provided by the board, accompanied by the required fee. A...


An individual shall submit to the commissioner a written application for an elevator inspector license on a form provided by the board, accompanied by the required fee. A license shall be...


A license for elevator mechanic or inspector shall be issued to an applicant, upon application and payment of the required fee, or to an individual who holds a comparable valid license...


(a) A license issued by the board shall be valid for two years. The board may renew a license, provided the applicant submits a written application for renewal accompanied by the required...


After notice and hearing, the board may suspend or revoke a license and assess administrative penalties pursuant to section 156 of this title for any of the following reasons: (1) Fraud...


(a) The owner or lessee of a conveyance shall register the conveyance with the department, pursuant to rules adopted by the board. The registration shall include the type, rated load and...


(a) No conveyance shall be erected, constructed, installed or altered in a public building unless a permit has been obtained from the department before work is commenced. Before a...


(a) A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector, and a certificate of operation has been issued. (b) Every conveyance subject to...


A licensed elevator inspector shall submit to the department an insurance policy, or certified copy issued by an insurance company authorized to do business in Vermont, that provides...


(a) The commissioner may contract with elevator inspectors to perform random on-site inspections and tests on existing conveyances, conduct periodic inspections and tests to ensure...


This subchapter shall not be construed to relieve any person that owns, operates, controls, maintains, erects, constructs, installs, alters, inspects, tests or repairs any elevator or...


(a) Any owner or lessee who violates any of the provisions of this subchapter shall be fined not more than $ 1,500.00 for each occurrence. (b) The commissioner may, after notice and...


The elevator safety fund is created for the purpose of funding the elevator safety inspection and licensing program. All revenues from fees collected for licensing elevator mechanics...


(a) It is the policy of the state of Vermont that in their employment all persons shall be provided by their employers with safe and healthful working conditions at their work place, and...


The purpose of this chapter is to provide efficient implementation of the policy of the state expressed in section 201 of this title. ...


As used in this chapter: (1) Act means the Occupational Safety and Health Act of 1970, enacted by the Congress of the United States of America, and rules made thereunder, as amended at...


(a) Chapter 25 of Title 3, relating to administrative procedure, shall apply to this chapter and the VOSHA Code. (b) All or part of a printed publication of standards or rules, including but...


(a) In cases involving a work place, the secretary of human services, in the case of health standards, and the commissioner in the case of safety standards, may grant a variance from a standard...


(a) The commissioner or the director, or their agents, may enter upon a premise, upon presenting appropriate credentials to the occupant, at reasonable times, for the purpose of inspecting...


All information reported to or otherwise obtained by the commissioner or the director, or their agents, in connection with any inspection or proceeding under this chapter or the VOSHA Code,...


(a) Whenever the commissioner finds that any workplace is in violation of any portion of the VOSHA Code or this chapter and that the violation creates a dangerous condition which can be...


Except as to matters provided for in subchapter 5 of this chapter, a person aggrieved by an order or action of the commissioner under this chapter, or a rule thereunder, may appeal to the...


(a) Upon issuance of a citation under this chapter, the review board is authorized to assess civil penalties for grounds provided in this subsection. In assessing civil penalties, the review...


The state of Vermont desires to assume responsibility for the development and enforcement of occupational safety and health standards within the state. To that end the commissioner shall...


The VOSHA Code shall apply with respect to employers, employees and employment in or at a work place in the state of Vermont, except that: (1) Standards applicable to products which...


(a) Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or...


(a) The commissioner shall make and promulgate rules and standards necessary to implement the purposes and duties set forth in this subchapter insofar as they relate to safety, and to...


(a) If, upon inspection or investigation the commissioner or the director, or the agent of either of them, finds that an employer has violated a requirement of the VOSHA Code, the...


(a) After issuing a citation under section 225 of this title, the commissioner shall notify the employer by certified mail or by service by an agent, of the penalty, if any, proposed to...


(a) Any person adversely affected or aggrieved by an order of the review board may appeal to any superior court for the county in which the violation is alleged to have occurred or where...


(a) Employers shall keep and file all reports and records required under the Act, and any reports and records which the commissioner or the secretary of human services may require by rule. (b)...


(a) For advice and assistance in making rules under the VOSHA Code, the commissioner may appoint such safety advisory councils as he deems necessary, and the secretary of human services...


(a) An occupational safety and health review board is created. It shall consist of three members who shall be appointed by the governor, with the advice and consent of the senate. The members...


(a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under...


An employee aggrieved by a violation of section 231 of this title may bring an action in superior court for appropriate relief, including but not limited to reinstatement, triple wages,...


(a) A person shall not install or maintain a boiler or pressure vessel which is unsafe or likely to be unsafe to other persons or property. (b) A person shall not operate, cause to be operated,...


Without limiting the commissioner's authority to make rules under subchapter 5 of this chapter, the commissioner is authorized to make rules pertaining to boilers and pressure vessels,...


The commissioner has authority to obtain specific information from boiler insurance companies, on forms furnished by them, which shall first be approved by the commissioner. The commissioner...


All boiler inspectors, employed by the state and insurance companies, shall have passed the examination required by the National Board of Boiler and Pressure Vessel Inspectors, and hold...


The commissioner may assess penalties pursuant to section 254 of this title against a person who violates this subchapter or any rule adopted under this subchapter. ...


(a) A person shall not build or cause to be built any structure which is unsafe or likely to be unsafe to other persons or property in case of fire. (b) A person shall not maintain, keep...


(a) As used in this subchapter public building means buildings owned or occupied by public utilities, hospitals, schools, houses of worship, convalescent centers and homes for the aged,...


(a) Without limiting his or her authority to make rules under subchapter 5 of this chapter, the commissioner is authorized to make rules regarding the construction of buildings, maintenance...


(a) An historic variance appeals board is created. The board shall consist of three members: the commissioner of labor and industry or designee, who shall be chair; the state historic...


(a) Whenever the commissioner finds that a premises or any part of it does not meet the standards promulgated under this subchapter, he may order it repaired or rehabilitated. If it is...


(a) A person who violates any provision of this subchapter or any order or regulation issued pursuant thereto shall be fined not more than $ 10,000.00. The state's attorney of the county in...


The commissioner shall biennially cause an examination to be made of all state buildings and shall report his findings and recommendations to the secretary of administration on or before July 1...


(a) The legislative body of a municipality may appoint one or more trained and qualified officials and may establish procedures to enforce rules and standards adopted under section 252(a) of...


Each municipality shall provide to the commissioner upon request information regarding building permits issued by the municipality. ...


(a) The fire prevention special fund revenues shall be from the following sources: (1) 21 V.S.A. 243 and 246, fees relating to boilers and pressure vessels; (2) 21 V.S.A. 252,...


As used in this subchapter: (1) Explosive materials includes explosives, explosive materials, blasting agent and detonator, as defined in section 841 of Title 18 of the United...


Without limiting his authority to make rules and set standards under subchapter 5 of this chapter, the commissioner may promulgate rules and standards for explosion prevention, fire prevention...


Without warrant the commissioner, a member of the state police, a sheriff, a deputy sheriff, police officer or constable may seize materials held by a person in violation of rules...


After an inspection the commissioner may issue an appropriate order to remove or abate a condition dangerous to persons or property involving explosive materials, flammable materials or...


(a) Definitions. -- For purposes of this subchapter, the following definitions apply: (1) Builder means the general contractor or other person in charge of construction, who has the power...


(a) The department of public service shall carry out an accreditation process for home energy rating organizations, in consultation with representatives of interested parties including...


As used in this chapter, (1) Ambulatory disability means an impairment which prevents or impedes walking. A person shall be considered to have an ambulatory disability if the person:...


(a) An access board is created consisting of ten members. The members of the board shall be the commissioner of labor and industry, or designee; the chair of the house institutions committee,...


(a) A person shall not construct, alter or permit construction or alteration of a public building or allow the change in use of a nonpublic building to become a public building unless...


(a) The following are exempt from the provisions of this chapter, unless compliance with access standards is required by federal law: (1) alterations to privately funded and operated...


Any parking facility on the premises of a building open to and used by the public shall contain at least the number of parking spaces required by ADAAG standards, and in any event at least...


All public buildings that comply with the standards adopted under this chapter may be marked with the international symbol of access. ...


(a) The department of labor and industry shall enforce the provisions of this chapter relating to facilities for the handicapped and shall adopt rules which are necessary for the performance...


(a) For the purposes of this subchapter, residential construction means new construction of one family or multifamily dwellings. Residential construction shall not include a single...


It shall be unlawful for any employer, as defined in section 302 of this title, to require any employee or applicant for employment to pay the cost of a medical examination as a condition...


Employer as used in this subchapter shall mean and include an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and...


Any employer who violates the provisions of this subchapter shall be fined not more than $ 100.00 for each and every violation. ...


An employer shall provide an employee with reasonable opportunities during work periods to eat and to use toilet facilities in order to protect the health and hygiene of the employee. ...


(a) Employee as used in this chapter means a person who has entered into the employment of an employer, where the employer is unable to show that: (1) the individual has been and...


(a) Any person having employees in his service doing and transacting business within the state shall pay each week, in lawful money or checks, each of his employees, the wages earned by...


(a) Upon complaint to the department of labor and industry by an employee that wages have not been paid to the employee by the employer, the commissioner of labor and industry or...


Such employer shall not pay its employees with any form of evidence of indebtedness including, without limitation, all scrip, vouchers, due bills, or store orders, unless: (1) the employer is...


An assignment of future wages payable under the provisions of section 342 of this title shall not be valid, if made to the employer from whom such wages are to become due, or to anyone in...


Each employer who violates sections 342 and 343 of this title and the officers of any corporation, cooperative or stock association, who fraudulently permit their corporation, or...


In addition to any other penalty or punishment otherwise prescribed by law, any employer who is party to a written agreement to provide benefits or wage supplements, and who fails to pay...


A person who violates section 342 or 343 of this title shall forfeit to the individual injured twice the value thereof, to be recovered in a civil action, and all costs and reasonable...


It is the declared public policy of the state of Vermont that workers employed in any occupation should receive wages sufficient to provide adequate maintenance and to protect their health, and...


Employers employing two employees or more are covered by this subchapter. ...


Terms used in this subchapter have the following meanings, unless a different meaning is clearly apparent from the language or context: (1) Commissioner, the commissioner of labor...


(a) An employer shall not employ an employee at a rate less than $ 5.75 an hour, and after December 31, 2000, at a rate less than $ 6.25 an hour. If the minimum wage rate established by the...


The commissioner has full power and authority: (1) To investigate and ascertain the wages of employees in any industry or occupation in the state except as provided in section 383 of...


The commissioner may, and on a petition of fifty or more residents of the state shall, make an investigation of any industry, business, occupation or employment as set forth in section 385 of...


The commissioner with the approval of the governor may from time to time propose modifications of or additions to any regulations included in any minimum wage order which the commissioner...


If any employer covered by a wage order has failed to comply with the wage order within 10 days after receiving notification of the violation, the commissioner shall take court action to...


Every employer, subject to the provisions of this subchapter or of any regulation or order issued thereunder, shall keep a true and accurate record of the hours worked by each employee and of...


(a) Any employer, subject to this subchapter or any regulations or orders issued thereunder, or any of the employer's agents or the officer or agent of any corporation who pays or permits to...


If any employee is paid by an employer less than the applicable wage rate to which the employee is entitled under this subchapter, the employee shall recover, in a civil action, twice the...


(a) Appeals to superior court wherein a civil action between the parties would be triable. -- Any person aggrieved by any decision of the commissioner may appeal to the superior court....


(a) It is the policy of Vermont that children shall be protected from employment in harmful and dangerous occupations. Toward this end, Vermont law should reflect federal protections regarding...


Except as provided in this subchapter, a child under 16 years of age shall not be employed in any gainful occupation unless the child deposits with the employer a certificate from the...


(a) The commissioner shall not issue a certificate for a child under 16 pursuant to section 431 of this title until the commissioner has received, examined, approved and filed the following...


A child under 16 years of age shall not be employed more than eight hours in any day, or more than six days in any week, or earlier than seven o'clock in the morning, or after seven o'clock...


When so ordered by the commissioner of education, the superintendent of schools for the school district where the child under 16 resides shall examine the child for the purpose of determining...


A child under 14 years of age shall not be employed, permitted or suffered to work in any gainful occupation unless the occupation has been approved by the commissioner, by rule, to be...


(a) Except as provided in section 438 of this title, a child shall not be employed, permitted or suffered to work at or on any occupations, employment, operations or machines determined to...


A child over 14 years of age, who is enrolled in a technical education program or course duly approved by the state board of education, may be legally employed in any of the occupations...


An employer shall post in a conspicuous place in the place in which a child is employed, a printed notice describing permitted and prohibited operations, occupations and machines at which a...


(a) For the purposes of this section: (1) Alien means any person not a citizen of the United States; (2) Employer means any person, including any partnership, firm, corporation...


The commissioner may inquire of the owner or superintendent of any place or establishment, as to the employment of children, may request to see the certificate filed with the owner...


A person having control of a child shall not allow the child to be employed contrary to a provision of this subchapter. ...


A person who violates a provision of this subchapter for which another penalty is not provided shall be fined not more than $ 5,000.00 for each offense and, upon a subsequent conviction, may...


Truant officers and all informing officers are authorized to make complaints for violations or offenses arising under this subchapter. A complaint for a violation of section 448 of this...


The commissioner, with the approval of the governor, may suspend part or all of the provisions of this subchapter for a period not to exceed two months in any one year in the case of...


No person, partnership, corporation or association shall knowingly sell, offer or expose for sale, take orders for the future delivery of, or possess with intent to sell any article, product...


(a) Strong families are the foundation for a productive and competitive state. There are a growing number of single parent families where the sole parent works and two parent families where...


As used in this subchapter: (1) Employer means an individual, organization or governmental body, partnership, association, corporation, legal representative, trustee, receiver, trustee...


(a) During any 12-month period, an employee shall be entitled to take unpaid leave for a period not to exceed 12 weeks: (1) for parental leave, during the employee's pregnancy and following...


(a) In addition to the leave provided in section 472 of this title, an employee shall be entitled to take unpaid leave not to exceed four hours in any 30-day period and not to exceed 24 hours...


An employer shall not discharge or in any other manner retaliate against an employee because: (1) the employee lodged a complaint of a violation of a provision of this subchapter; or (2)...


(a) The attorney general or a state's attorney may enforce the provisions of this subchapter by bringing a civil action for temporary or permanent injunctive relief, economic damages,...


(a) Any duly qualified member of the reserve components of the armed forces, of the ready reserve, or an organized unit of the national guard who leaves a position other than a...


(a) Any absence for military training or state active duty shall not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of...


(a) If any employer fails to comply with any of the provisions of this subchapter, the employee may bring an action at law for damages for noncompliance, or apply to the superior court...


As used in this subchapter: (1) Employer means any individual, organization, or governmental body including partnership, association, trustee, estate, corporation, joint stock...


(a) Except as provided in section 494b of this title an employer or an employment agency shall not as a condition of employment, promotion, or change in status of employment, or as an express...


The following employers may require that an applicant for employment take or submit to a polygraph examination, or administer or cause to be administered, a polygraph examination to an...


(a) An examiner administering a polygraph examination under this subchapter shall: (1) prior to the examination, provide the examinee with a copy of this subchapter and a copy of all...


No employee shall be discharged, disciplined or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of the provisions of...


Any individual violating any of the provisions of this subchapter shall be fined not less than $ 500.00, nor more than $ 1,000.00 or imprisoned not more than six months, or both, and the...


(a) It shall be unlawful employment practice, except where a bona fide occupational qualification requires persons of a particular race, color, religion, national origin, sex, sexual...


The state of Vermont and all of its contracting agencies shall include in all contracts hereafter negotiated a provision obligating the contractor to comply with this subchapter in connection...


(a) The attorney general or a state's attorney may enforce the provisions of this subchapter by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance...


This subchapter shall not be construed as limiting the rights of employers to hire and fire and of labor organizations to determine the membership as long as such rights are not exercised...


For the purposes of this subchapter: (1) Employer means any individual, organization, or governmental body including any partnership, association, trustee, estate, corporation, joint...


The superior courts may order restitution of wages or other benefits on behalf of a class of employees similarly situated, and may order reinstatement and other appropriate relief on behalf of...


Notwithstanding any other provision of this subchapter, it is not unlawful discrimination on the basis of age or disability for any employer, employment agency or labor organization to observe...


Nothing in this act shall be construed to prohibit any institution of higher education as defined by section 1201(a) of the federal Higher Education Act of 1965 from retiring any employee who...


(a) All employers, employment agencies and labor organizations have an obligation to ensure a workplace free of sexual harassment. (b) Every employer shall: (1) Adopt a policy against...


(a) Any person who, in order to serve as a member of the general assembly, must leave a full-time position in the employ of any employer, shall be entitled to a temporary or partial leave...


The purpose of this subchapter is to carry on a continuing program to promote the employment of people with disabilities in Vermont by creating state-wide interest in the rehabilitation...


There is hereby established a permanent committee to be known as the Vermont governor's committee on employment of people with disabilities, to consist of twenty-one members, including...


(a) The committee shall coordinate a program to promote the employment of people with disabilities by creating state-wide interest in the rehabilitation and employment of people with...


The month of October is designated as Disability Awareness Month. ...


The Vermont governor's committee on employment of people with disabilities is authorized to receive any gifts, grants or donations made for any of the purposes of its program. ...


(a) The chair of the governor's committee on employment of people with disabilities or his or her designated representative may authorize or sponsor fund raising events and the revenue...


(a) No employer may discharge an employee by reason of his service as a juror, or penalize such employee or deprive him of any right, privilege, or benefit on a basis which discriminates...


As used in this subchapter: (1) Blind or visually impaired person means a person whose visual acuity with correction is no better than 20/60, or whose field of vision subtends an angle of...


The division shall have the authority to: (1) establish vending facilities on state property; (2) coordinate with the commissioner of buildings and general services or the designee of...


If it is determined by the department of aging and disabilities and the department of buildings and general services that a vending facility is not economically feasible in a particular...


(a) All net income from a vending facility on state property shall accrue to the blind or visually impaired person licensed to operate that facility. (b) All net income from vending machines...


Where vending facilities on state property are operated by those other than blind or visually impaired persons on July 1, 1984, the contracts of these vending facilities may be renewed...


The following are exempt from the provisions of this subchapter: (1) food services or vending machines provided by hospitals or residential institutions as a direct service to...


As used in this subchapter: (1) Applicant for employment means an individual seeking or being sought for employment with an employer. (2) Designated laboratory means a...


(a) General prohibition. -- Except as provided in subsection (b) of this section, an employer or an employment agency shall not, as a condition of employment, do any of the following:...


(a) General prohibition. -- Except as provided in subsection (c) of this section, an employer shall not, as a condition of employment, promotion or change of status of employment, or as...


An employer may request an applicant for employment or an employee to submit to a drug test pursuant to this subchapter, provided the drug testing is performed in compliance with all the...


(a) A medical review officer shall contact personally an employee or applicant who has a positive test result and explain the results and why the results may not be accurate. (b) The...


(a) Any health care information about an individual to be tested shall be taken only by a medical review officer and shall be confidential and shall not be released to anyone except the...


This subchapter shall not restrict an employer's authority to prohibit the nonprescribed use of drugs or alcohol during work hours, or restrict an employer's authority to discipline, suspend...


(a) The department of health shall designate laboratories to test body fluids or materials for drugs. Such laboratories must be able to document competency in regard to personnel,...


(a) Private right of action. -- An applicant or employee aggrieved by a violation of this subchapter may bring a civil action for injunctive relief, damages, court costs and attorney's fees....


(a) On or before July 1, 1989, the commissioner of health pursuant to chapter 25 of Title 3 shall set nontherapeutic levels of therapeutic drugs by establishing a range of values by...

 

Unless the context otherwise requires, words and phrases used in this chapter shall be construed as follows: (1) Brother and sister includes a stepbrother and stepsister, half-brother...


All process and procedure under the provisions of this chapter shall be as summary and simple as reasonably may be. The commissioner may make rules not inconsistent with such provisions...


(a) So far as it is necessary in his examinations, investigations and in the determination of matters within his jurisdiction, the commissioner shall have power to subpoena witnesses,...


The commissioner shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure except as provided in this chapter, but he may make such...


Upon the application of a party in a cause pending before him and on such notice to the adverse party or his attorney as he thinks reasonable, the commissioner may issue a commission to a...


Questions arising under the provisions of this chapter, if not settled by agreement of the parties interested therein with the approval of the commissioner, shall be determined, except...


The decisions of the commissioner shall be enforceable by the superior court under the provisions of section 675 of this title. From such a decision an appeal shall lie in the same manner as...


The provisions of this chapter relating to the state as an employer shall be deemed to be an election by the state where an election is required by the provisions of this chapter. ...


(a) Except as otherwise provided in this section and other provisions of this chapter, this chapter shall apply to all employment in this state, and where provided, to employment outside of...


(a) (1) If a worker receives a personal injury by accident arising out of and in the course of employment by an employer subject to this chapter, the employer or the insurance carrier shall...


If a worker who has been hired in this state receives personal injury by accident arising out of and in the course of such employment, he shall be entitled to compensation according to the law...


If a worker who has been hired outside of this state is injured while engaged in his employer's business and is entitled to compensation for such injury under the law of the state where he...


The provisions of this chapter shall affect the liability of employers to employees engaged in interstate or foreign commerce or otherwise only so far as the same is permissible under the laws...


Except as provided in subsection 618(b) and section 624 of this title, the rights and remedies granted by the provisions of this chapter to an employee on account of a personal injury for which...


Employers who hire workers within this state to work outside of the state may agree with such workers that the remedies under the provisions of this chapter shall be exclusive as regards...


(a) Where the injury for which compensation is payable under the provisions of this chapter was caused under circumstances creating a legal liability to pay the resulting damages in some...


An employer shall not be relieved in whole or in part from liability created by the provisions of this chapter by any contract, rule, regulation or device whatsoever. ...


USER NOTE: For more generally applicable notes, see notes under the first section of this heading: division, article, chapter, part or title. [Repealed] ...


If death results from the injury, the employer shall pay to the persons entitled to compensation or, if there is none, then to the personal representative of the deceased employee, burial...


The commissioner shall, from time to time, apportion such compensation between any and all dependents named in section 632 of this title in such manner as he deems best and in making...


The following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of sections 632 and 633 of this title: (1) A child, if under eighteen years...


The compensation provided for by the provisions of this chapter shall be payable during the following periods: (1) To a spouse until: (A) The age of 62 if at that time the spouse...


Upon the cessation of compensation under section 635 of this title to or on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of...


Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer unless and until such dependent...


In cases of the death of a person from any cause other than the accident during the period of payments for disability or for the permanent injury, the remaining payments for disability then due...


(a) An employer subject to the provisions of this chapter shall furnish reasonable surgical, medical and nursing services and supplies to an injured employee. The employer shall also...


(a) When as a result of an injury covered by this chapter, an employee is unable to perform work for which the employee has previous training or experience, the employee shall be entitled...


Where the injury causes total disability for work, during such disability, but not including the first three days, the day of the accident to be counted as the first day, unless the...


Payments shall not continue after such disability ends. ...


Unless an injured worker has successfully returned to work, an employer shall notify both the commissioner and the employee prior to terminating benefits under either section 642 or section 646...


(a) For purposes of this section: (1) Employer shall be defined as provided in section 601 of this title provided that this section shall only apply to employers who regularly employ at...


The commissioner shall notify the employer and worker of the provisions of section 643b of this title as soon as a claim is filed if, in the commissioner's opinion, it appears that they will...


(a) In case of the following injuries, the disability caused thereby shall be deemed total and permanent: (1) The total and permanent loss of sight in both eyes; (2) The loss of both feet...


(a) In case of an injury enumerated in section 644 of this title, the employer shall pay to the injured employee sixty-six and two-thirds percent of the employee's average weekly wages,...


Where the disability for work resulting from an injury is partial, during the disability and beginning on the eighth day thereof, the employer shall pay the injured employee a weekly...


Payments shall not continue after such temporary partial disability ends. ...


(a) Where the injury results in a partial impairment which is permanent and which does not result in permanent total disability, compensation shall be paid during the period of total...


Compensation shall not be allowed for an injury caused by an employee's wilful intention to injure himself or another or by or during his intoxication or by an employee's failure to use a...


(a) Average weekly wages shall be computed in such manner as is best calculated to give the average weekly earnings of the worker during the twelve weeks preceding an injury; but where, by...


Payments made by an employer or his insurer to an injured worker during the period of his disability, or to his dependents, which, by the provisions of this chapter, were not due and payable...


(a) Upon application of either party, the commissioner may authorize compensation to be paid monthly or quarterly instead of weekly, having regard to the welfare of the employee and...


Whenever, for any reason, the commissioner deems it expedient, any lump sum which is to be paid as provided in section 653 of this title shall be paid by the employer to some bank,...


After an injury and during the period of disability, if so requested by his employer, or ordered by the commissioner, the employee shall submit himself to examination, at reasonable times...


(a) A proceeding under the provisions of this chapter for compensation shall not be maintained unless a notice of the injury has been given to the employer as soon as practicable after the...


In case, through mistake of law or fact, a suit has been brought to recover damages in any court and final judgment is against the employee, the limitation in section 656 of this title shall...


The notice and claim required under the provisions of section 656 of this title shall be in writing. Such notice shall contain the name and address of the employee, shall state in...


A notice under the provisions of this chapter shall be given to the employer, or, if the employer is a partnership, then to any one of the partners. If the employer is a corporation, then...


(a) A notice given under the provisions of this chapter shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place, nature or cause of the injury,...


(a) For the purposes of this section: (1) Electronic data interchange or EDI technology means the computer-to-computer exchange of business transactions in the standardized...


Limitation of time provided by this chapter shall not run as against any person who is mentally incompetent or a minor dependent so long as such person has no guardian. ...


(a) If the employer and an injured employee or the dependents of a deceased employee enter into an agreement in regard to compensation payable under the provisions of this chapter, a...


If the compensation is not fixed by agreement, either party may apply to the commissioner for hearing and award in the premises who shall set a time and place for hearing and give at least...


Within sixty days after a hearing is held, the commissioner shall make an award supported by findings of fact and the applicable law and shall send a copy of the award to the parties. If...


Notices of hearings under the provisions of this chapter shall be given to the employee, employer and to the insurance carrier. Such notice shall be given by delivering it or by sending it...


(a) Whenever it appears that a dispute exists regarding the reasonableness and necessity of treatment for an injury, or regarding the claimant's ability to perform suitable work, including...


Upon the commissioner's own motion or upon the application of any party in interest upon the ground of a change in the conditions, or whenever doubts have arisen as to the jurisdiction of...


An award of the commissioner shall, in the absence of fraud, be conclusive between the parties except as provided in section 668 of this title, unless an appeal is taken therefrom as...


Within thirty days after copies of an award have been sent as provided by this chapter, either party may appeal to the superior court of a county wherein a civil action between the parties...


The jurisdiction of such court shall be limited to a review of questions of fact or questions of fact and law certified to it by the commissioner and upon completion of the case in superior...


If an appeal is not taken under the provisions of section 670 of this title within the time limited therefor, either party may transfer such cause to the supreme court. The jurisdiction of...


On petition and proof and in its discretion, the supreme or superior court may grant leave to enter an appeal from an order of the commissioner of labor and industry in cases where the...


Such petition shall not be sustained unless served on the adverse party within twenty-one days from the date thereof and within two years after the last date upon which such appeal might have...


(a) If an award is made under the provisions of this chapter, including interim orders, issued pursuant to sections 643a and 662 of this title, or an agreement is approved by the commissioner,...


Upon the filing with it of a certified copy of a decision of the commissioner ending, diminishing or increasing compensation previously awarded, a superior court which has rendered judgment...


The commissioner may grant a new hearing in a cause determined by him on the ground of newly discovered evidence when a petition, setting forth the substance of such evidence, verified by the...


(a) Necessary costs of proceedings under this chapter shall be assessed by the commissioner against the employer or its workers' compensation carrier when the claimant prevails. The...


Sheriffs and witnesses shall receive the same fees for the service of process and attendance before the commissioner as are paid sheriffs and witnesses in superior court. ...


All rights of compensation granted by the provisions of this chapter shall have the same preference or priority against the assets of the employer or the property of any persons described...


Claims for compensation under the provisions of this chapter shall not be assignable. Compensation and claims therefor shall be exempt from all claims of creditors, except as provided in...


Claims of physicians and hospitals for services rendered under the provisions of this chapter and claims of attorneys for services rendered an employee in prosecuting a claim under the...


(a) Employers, not including state, county or municipal bodies, shall secure compensation for their employees in one or more of the following ways: (1) By insuring and keeping insured...


(a) Any association which has been in existence in this state for five or more continuous years may establish and maintain a nonprofit corporation to secure workers' compensation insurance...


(a) The commissioner, after notice and opportunity for a hearing, may assess administrative penalties of not more than $ 5,000.00 against any employer, insurance company, or their agents that...


If an employer who secures the payment of compensation under the provisions of subdivision (3) of section 687 of this title neglects or refuses to comply with the reasonable rules and...


An employer subject to the provisions of this chapter who has taken out insurance under section 689 of this title or as provided in subdivisions (1) or (2) of section 687 of this title shall...


An employer who has complied with the provisions of this chapter relating to securing the payment of compensation to his employees and their dependents shall post and maintain, in a...


(a) If after hearing under section 688 of this title, the commissioner determines that an employer has failed to comply with the provisions of section 687 of this title, the employer shall...


Every policy of insurance and every guarantee contract covering the liability of an employer for compensation shall cover the entire liability of such employer to his employees covered by...


Such policies and contracts shall contain a provision that, as between the employee and the insurance carrier, notice to or knowledge of the occurrence of an injury on the part of the...


Such policies and contracts shall contain a provision to the effect that the insolvency or bankruptcy of the employer and his discharge therein shall not relieve the insurance carrier from...


Such a policy or contract shall not be cancelled within the time limited in such policy or contract for its expiration, until at least 45 days after a notice of intention to cancel such policy...


An insurance carrier who does not intend to renew a policy of workers' compensation insurance or guarantee contract covering the liability of an employer under the provisions of this chapter,...


The state and municipalities which are liable to their employees for compensation under the provisions of this chapter may insure with an authorized insurance carrier. ...


An agreement by an employee to pay any portion of the cost of insurance of any kind maintained or carried by an employer for the purpose of securing compensation under the provisions of...


At the request of a holder of a policy of workers' compensation insurance, the commissioner of banking, insurance, securities, and health care administration shall examine the policy to...


Every employer liable to pay compensation under the provisions of this chapter shall keep a record of all injuries, fatal or otherwise, sustained by his employees in the course of their...


Such reports shall state the name and nature of the business of the employer, the location of the place where the accident occurred, the name, age, sex, wages and occupation of the...


Within sixty days after disability, such employer or other party liable to pay the compensation provided for by this chapter shall file with the commissioner a statement showing the total...


An employer as defined in section 616 of this title, upon written request of the commissioner, sent by certified mail, shall file on forms provided by the commissioner such statistical...


The employers mentioned in section 704 of this title shall register with the department of labor and industry, on forms provided by it, when commencing or ceasing business operations in the...


Employer, as used in sections 704 and 705 of this title shall not be construed to include persons operating farms for agricultural purposes. ...


In each even year, the commissioner shall make a report to the governor showing the work done during the preceding two years and shall include therein a properly classified statement of...


(a) A person who wilfully makes a false statement or representation, for the purpose of obtaining any benefit or payment under the provisions of this chapter, either for her or himself or for...


In construing the provisions of this chapter, the rule of law that statutes in derogation of the common law are to be strictly construed shall not be applied. The provisions of this chapter...


(a) No person, firm or corporation shall refuse to employ any applicant for employment because such applicant asserted a claim for workers' compensation benefits under this chapter or under...


(a) A workers' compensation administration fund is created pursuant to subchapter 5 of chapter 7 of Title 32 to be expended by the commissioner for the administration of the workers'...


For the purposes of this chapter, (1) Applicant means a person applying for a license or for a renewal of a license under this chapter. (2) Commissioner means the commissioner of...


The commissioner shall administer this chapter and, in consultation with the commissioners of banking, insurance, securities, and health care administration and employment and training,...


(a) No person shall engage in the business of employee leasing in Vermont unless the person is granted a license by the commissioner under this chapter. Only qualified applicants as determined...


(a) Each controlling person of an applicant or licensee shall: (1) be at least 18 years of age; and (2) have a personal history of honesty, trustworthiness and fairness and a reputation...


(a) A licensee shall: (1) Register with the following within ten days after licensure under this chapter: (A) The department of employment and training. (B) The department of...


(a) Workers' compensation insurance premiums shall be determined and paid based on the experience rating of the client company for which the leased employee performs services, provided the...


(a) The department of employment and training shall charge unemployment compensation benefits against the experience rating record of the client company in accordance with the provisions...


(a) An employee leasing company that offers employee benefit and welfare plans shall offer comparable benefits to each client company, but is not required to provide comparable benefits to...


(a) For purposes of the collective bargaining process, including the right to organize employee units based upon specific work sites, an employee leasing company shall be bound by law and...


Any person who conducts the business of employee leasing or holds themselves out as an employee leasing company without being licensed under this chapter shall be fined not more than $ 15,000.00. ...


Unprofessional conduct includes: (1) Failure to maintain financial responsibility and management competence. (2) Occupational advertising that is intended or tends to deceive the public....


(a) The commissioner may revoke, suspend, restrict or place on probation the license of any employee leasing company, after a hearing, for a violation of any provision of this chapter or for...


The apprenticeship division and state apprenticeship council, hereinafter referred to as the council, shall be located within the department of employment and training. The commissioner...


The council shall meet semiannually and as often as may be necessary in the opinion of the majority of the members. The chair shall designate the time and place of all meetings. The council...


(a) The department of employment and training shall provide for related and supplementary instruction for apprentices employed under apprenticeship programs registered and approved by the...


The commissioner of employment and training, with the approval of the governor, shall have power to employ and fix the compensation of such personnel of the apprenticeship division as...


The standards established by the council under section 1102 of this title shall apply only to a person, firm, corporation, employer, organization of employers or of employees which...


The state of Vermont hereby accepts the provisions of the act of Congress, approved June 6, 1933, entitled An act to provide for the establishment of a national employment system and...


The commissioner of employment and training is hereby designated and constituted the agent of the state of Vermont for the purposes of such act, with full power to cooperate with all...


There is hereby created, under the direction of the commissioner of employment and training, a division to be known as the Vermont employment service division, responsible for administering...


The state treasurer is hereby authorized to receive, on behalf of this state, all funds granted to it under authority of such act. ...


The commissioner of employment and training may enter into agreements to provide customized or special services that are beyond basic services required by federal statute, provided that...


This chapter may be terminated by the governor at any time, upon notice to the United States department of labor, when in his judgment the need for the same no longer exists. However, such...


Displaced homemaker means a person who: (1) has worked in the home for a substantial number of years providing unpaid household services for family members; and (2) has or is expected...


(a) Programs to serve the needs of displaced homemakers may be developed in coordination with the displaced homemakers policy council and implemented by the commissioner. The programs may...


The following words and phrases, as used in this chapter, shall have the following meanings unless the context clearly requires otherwise: (1) Benefits and compensation means the...


The department of employment and training, created by section 212 of Title 3, shall consist of a commissioner of employment and training, the Vermont employment security board, the...


(a) There is hereby created a board of three members to be known as the Vermont employment security board. The members of the board shall be appointed by the governor, with the advice and...


The commissioner of employment and training shall be paid an annual salary, as provided by section 1003 of Title 32, and his necessary expenses incurred in the performance of his duties....


Any two members of the board shall constitute a quorum to transact business. No vacancy shall impair the right of the remaining members to exercise all of the powers of the board, as long as...


There is hereby established within the department of employment and training, the Vermont employment service division, the unemployment compensation division and the comprehensive employment...


(a) With the approval of the governor, the commissioner shall appoint a director of the comprehensive employment and training office and fix his salary. The director shall serve at the pleasure...


The governor shall appoint a state advisory council of nine members composed of an equal number of employer representatives, of employee representatives who may fairly be regarded...


The commissioner of employment and training shall administer this chapter. He may employ such persons, make such expenditures, require such reports, make such investigations and take such...


The commissioner shall determine his method of procedure in accordance with the provisions of this chapter. ...


Before the first day of July of each year, the commissioner shall submit to the governor a report covering the administration and operation of this chapter during the preceding calendar year....


Subject to other provisions of this chapter, the commissioner is authorized to appoint a deputy commissioner and such officers, accountants, attorneys and employees as may be necessary in...


The commissioner of employment and training using funds made available to the state of Vermont by grant from the United States may, subject to the approval of the governor and in compliance...


The commissioner shall cause to be printed for distribution to the public the text of this chapter, the board's rules and regulations, his annual reports to the governor, and any other...


It shall be one of the purposes of this chapter to promote the regularizations of employment by enterprises and industries in various localities in the state and its subdivisions. The...


(a) The commissioner may require any employing unit to keep such true and accurate records and make such reports covering persons employed by it respecting employment, wages, hours,...


(a) Effective with the calendar quarter ending September 30, 1986 and all subsequent calendar quarters, each employing unit which is an employer as defined in subdivision 1301(5) of this...


In the administration of this chapter, the commissioner shall cooperate to the fullest extent consistent with the provisions thereof, with the secretary of labor; shall make such reports, in...


Upon request therefor the commissioner shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, the name,...


The commissioner may make available to the railroad retirement board such records relating to the administration of this chapter as that board deems necessary for its purposes in administering...


(a) The commissioner is hereby authorized to enter into arrangements with the appropriate agencies of other states or the federal government whereby potential rights to benefits accumulated...


The commissioner also is authorized to enter into reciprocal agreements with the appropriate agencies of other states or the federal government adjusting the collecting and payment...


(a) The commissioner is authorized to make such investigations, secure and transmit such information, make available such services and facilities and exercise such of the other powers...


(a) Payment of Contributions. Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to this chapter, with respect to wages paid...


(a) Every employer shall file with the commissioner periodic reports on such forms and at such times as the commissioner may prescribe to disclose his liability for contributions under...


Any contractor, who is or becomes an employer under the provisions of this chapter, who contracts with any out-of-state or nonresident subcontractor, who also is or becomes an employer under...


(a) An employing unit shall cease to be an employer subject to this chapter only as of the first day of January of any calendar year, if it files with the commissioner, on or before March 31...


(a) For contribution rate years beginning prior to July 1, 1987, the standard rate of contributions shall be five and four-tenths percent. Each employer who has not been subject to this...


(a) The commissioner shall maintain an experience-rating record for each employer. Benefits paid to an eligible individual with a benefit year beginning prior to January 3, 1988, shall be...


(a) The commissioner shall for each rate year compute a benefit ratio for each employer who meets the requirements of section 1327 of this title. For an employer whose record has been...


No employer's contribution rate shall be reduced from five and four-tenths percent for any rate year, except as provided in section 1324 of this title, unless and until his...


The commissioner shall impose a penalty of $ 35.00 for each failure by an employer to file any contribution report required under section 1322 of this title on or before the date on which...


(a) If any employer fails to make, when due, any contributions or payments required of him under this chapter, the obligation shall carry interest at the rate of: (1) one percent per month...


When any employer fails to pay any contributions or payments required under this chapter the commissioner shall make an assessment of contributions against such employer together with interest...


Any employer against whom an assessment is made may, within 30 days after date thereof, file with the commissioner a petition for a hearing before a referee appointed for such purpose,...


The board, upon an application filed or on its own motion, within the time specified, shall, on notice to interested parties, review the decision of the referee. Before rendering its decision,...


(a) Any liability for contributions, payments, penalties, interest and costs imposed under this chapter becomes, from the time the liability is due and payable, a debt of the liable employer...


(a) All contributions, interest, penalties and costs thereon due and payable by an employer under the provisions of this chapter shall be a lien upon the real estate of such employer from the...


If not later than three years after the date on which any contributions or interest thereon became due, an employer who has paid such contributions or interest thereon shall make application...


(a) Any employing unit aggrieved by an administrative determination affecting its rate of contributions, its rights to adjustment or refund on contributions paid, its coverage as an employer...


(a) Each eligible individual who is totally unemployed in any week shall be paid with respect to such a week a weekly benefit amount determined as provided in this section. (b) For benefit...


(a) An individual shall be deemed partially unemployed in any week of less than full-time work if the wages earned by the individual with respect to such week are less than the weekly...


Each eligible individual who is partially unemployed in any week shall be paid with respect to such week a partial benefit. Such partial benefit shall be an amount equal to the difference...


Except as provided in subchapter 2 of this title, the maximum total amount of benefits payable to any eligible individual during any benefit year shall not exceed twenty-six times his...


(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the commissioner finds that all of the following requirements are met and the individual:...


(a) An individual shall be disqualified for benefits: (1) For not more than 12 weeks nor less than 6 weeks immediately following the filing of a claim for benefits (in addition to the...


(a) Claims for benefits shall be made in accordance with such regulations as the board may prescribe. Each employer shall post and maintain printed statements of such regulations in places...


(a) Any person who fails, without good cause, to make reasonable effort to secure suitable work when directed to do so by the employment office or the commissioner and has received any amount...


(a) An authorized representative of the commissioner shall pass upon each claim for benefits as provided in this chapter and shall, after such filing, promptly award such benefits as shall...


Within 30 days after date thereof, an interested party may appeal from the decision of the referee to the board, by filing a written request therefor in the manner prescribed by regulations of...


A person shall not participate on behalf of the commissioner in any case in which he is an interested party. ...


The manner in which disputed claims shall be presented and the conduct of hearings before the commissioner, a referee and the board shall be governed by suitable rules and regulations...


In the discharge of his duties prescribed by this chapter, any member of the board, a referee and any authorized agent of the commissioner shall have power to administer oaths, take...


Any determination, redetermination, finding of fact, conclusion of law, decision, final order, or final judgment entered or made by a claims adjudicator or other authorized representative of...


An individual shall not be charged fees of any kind by the commissioner or his representatives, a referee or the board in any proceeding under this chapter. An individual claiming benefits in...


Notices required under the provisions of this chapter, unless otherwise provided herein or by rules of court promulgated by the supreme court, shall be deemed sufficient if given in writing...


There is hereby established as a special fund, to be kept separate and apart from all other public moneys or funds of this state, an unemployment compensation fund, which shall be administered...


(a) The fund shall be administered in trust and used solely to pay benefits and refunds upon vouchers drawn on the fund by the commissioner pursuant to this chapter and to such rules...


The commissioner shall designate a treasurer of the fund, who shall pay all vouchers duly drawn upon the fund, in such manner as the commissioner may prescribe. He shall have custody of all...


The provisions of sections 1358-1360 of this title to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment trust fund continues to...


There is hereby created the unemployment compensation administration fund to consist of all moneys received by the state or by the commissioner for the administration of this chapter. This...


All moneys made available by or received by the state for the state employment service, as provided in chapter 15 of this title, shall be paid to and expended from the unemployment...


This state shall replace any moneys received after July 1, 1941, from the secretary of labor under title III of the social security act, any unencumbered balances in the unemployment...


There is hereby created a special fund to be known as the contingent fund. All interest, fines and penalties collected under the provisions of the unemployment compensation law after April...


No agreement by an employee to waive his right to benefit or any other right under this chapter shall be valid. ...


Benefits which are due or may become due under this chapter shall not be assignable before payment, but this provision shall not affect the survival thereof; and when awarded, adjudged, or...


(a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as defined...


(a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not he or she owes an uncollected over issuance (as defined...


A person shall not willfully and intentionally make a false statement or representation to obtain or increase any benefit or other payment under this chapter, either for himself or any...


A person shall not wilfully and intentionally make a false statement or representation to avoid becoming or remaining subject to this chapter, or to avoid or reduce a contribution or other...


A person shall not wilfully fail or refuse to furnish any reports duly required under this chapter or to submit his records to inspection when duly required under this chapter, or to make...


Each such false statement or representation, and each day of such failure or refusal and each such deduction from wages as provided in this section and sections 1369 and 1370 of this title...


If the employer in question is a corporation, any official or agent thereof responsible for such falsehood, failure or refusal mentioned in sections 1369-1371 of this title shall be subject to...


A person who violates a provision of this chapter or any lawful rule or regulation of the board, for which no other penalty is provided, shall be fined not more than $ 50.00 or be imprisoned...


The attorney general shall represent the commissioner and state in any court action relating to this chapter or to its administration and enforcement, except as other counsel may be designated...


Concurrent jurisdiction of offenses under this chapter is vested in district and superior courts. ...


Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the...


All the rights, privileges or immunities conferred by this chapter or by acts done pursuant hereto shall exist subject to the power of the general assembly to amend or repeal this chapter at...


(a) For purposes of this section, agency means any unit of state government, including agencies, departments, boards, commissions, authorities or public corporations. (b) No agency of the...


It is hereby declared to be the purpose and intention of the general assembly that the provisions of this chapter are severable and that the invalidity or ineffectiveness of any provision...


This chapter is declared to be enacted in correlation with titles III and IX of the act of Congress approved August 14, 1935, designated as the social security act, and with the...


If the federal unemployment tax act has been or shall be amended, interpreted or extended so that employing units not heretofore included under the definition of employer, as that term is...


It is hereby declared to be the legislative judgment that the expediency and beneficial operation of this chapter are dependent upon the effective operation within this state of certain...


Whenever the governor shall determine that the conditions of suspension of the contributions required by this chapter, as hereinbefore defined, exist by reason of any repeal, amendment,...


If the federal social security act or the federal unemployment tax act shall be finally held and determined to be wholly invalid or shall be repealed, then this chapter shall become...


The following words and phrases, as used in this subchapter, shall have the following meanings unless the context clearly requires otherwise: (1) Extended benefit period means a period...


Except when the result would be inconsistent with the other provisions of this subchapter the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall...


(a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the commissioner finds that with respect to such week:...


(a) Notwithstanding any other provision of this subchapter, if so found by the commissioner, payment of extended compensation shall not be made to any individual for any week of unemployment...


The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him...


(a) The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be the least of the following amounts: (1) fifty percent of the...


(a) Whenever an extended benefit period is to become effective in this state, as a result of a state on indicator, or an extended benefit period is to be terminated in this state as a result...


To the extent that the Federal-State Extended Unemployment Compensation Act of 1970 has been or may be amended so as to authorize this state to pay benefits for an extended benefit period in...


For the purpose of this subchapter: (1) Affected unit means a specific plan, department, shift, or other definable unit consisting of not less than five employees to which an...


An employer wishing to participate in an STC program shall submit a signed written short-time compensation plan to the commissioner for approval. The commissioner may approve an STC plan only...


The commissioner shall approve or reject a plan in writing within 15 days of its receipt, and in the case of rejection shall state the reasons therefor. The reasons for rejection shall be...


A plan shall be effective on the date specified in the plan or on a date mutually agreed upon by the employer and the commissioner. It shall expire at the end of the sixth full calendar...


(a) The commissioner may revoke approval of a plan for good cause. The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons therefor....


An approved STC plan may be modified by the employer with the approval of the commissioner. If the hours of work are increased or decreased substantially beyond the level in the original plan,...


An individual is eligible to receive STC benefits with respect to any week only if, in addition to eligibility for monetary entitlement, the commissioner finds that: (1) the individual...


(a) The short-time weekly benefit amount shall be the product of the regular weekly unemployment compensation amount multiplied by the percentage of reduction in the individual's usual...


STC benefits paid to an employee shall be charged to his or her STC employer's experience-rating records. Reimbursable employers participating in the STC program shall be assessed for the...


An individual who has received all of the unemployment compensation or combined unemployment compensation and STC benefits available in a benefit year shall be considered an exhaustee as...


If an approved plan or any representation for implementation of the plan is intentionally and substantially misleading or false, the employer shall be liable for any amount of benefits deemed...


(a) This chapter shall be known as the state labor relations act. (b) It is the purpose and policy of this chapter to prescribe the legitimate rights of both employees and employers in...


In this chapter the following words shall have the following meaning: (1) Board means the state labor relations board established under section 921 of Title 3. (2) Chairman, the...


Employees shall have the right to self-organization; to form, join or assist labor organizations; to bargain collectively through representatives of their own choice, and to engage in...


(a) All employers, their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, wages, hours...


This chapter shall not apply to any employer or any labor dispute which affects commerce within the meaning of the national labor relations act, as amended, unless the national labor...


(a) The board shall decide in each case whether, in order to assure the employees the fullest freedom in exercising the rights guaranteed by this act, the unit appropriate for the purpose...


(a) The board shall have authority from time to time to make, amend, and rescind such rules and regulations, not inconsistent with this chapter, as may be necessary to carry out the provisions...


(a) A petition may be filed with the board, in accordance with regulations prescribed by the board: (1) By an employee or group of employees, or any individual or labor organization acting...


An election shall not be directed in any bargaining unit or any subdivision within which, in the preceding twelve months, a valid election has been held. Employees engaged in an economic...


Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes shall be the exclusive representatives...


(a) When thirty percent or more of the employees in a bargaining unit covered by an agreement between their employer and a labor organization requiring membership in a labor organization as...


Any interested person may file with the board a charge that employees eligible to vote in an election under this chapter have been coerced or restrained in the exercise of this right. The...


(a) It shall be an unfair labor practice for an employer: (1) To interfere with, restrain or coerce employees in the exercise of their rights guaranteed in section 1503 of this title. (2)...


(a) The board may prevent any person from engaging in any unfair labor practice listed in section 1621 of this title. Whenever a charge is made that any person has engaged in or is engaging in...


(a) The board may petition the supreme court for the enforcement of such board order relative thereto and for appropriate temporary relief or restraining order. The board shall certify and file...


This chapter shall be known as the Vermont municipal employee relations act. It is the purpose and policy of this chapter to prescribe the legitimate rights of both municipal employees...


For the purposes of this chapter: (1) Agency service fee means a fee for representation in collective bargaining not exceeding employee organization dues, payable to an employee...


Nothing in this chapter shall prevent a municipal employer from voluntarily recognizing an employee organization as the exclusive bargaining agent. Voluntary recognition may be granted at...


(a) A petition may be filed with the board, in accordance with regulations prescribed by the board: (1) By an employee or group of employees, or any individual or employee...


(a) For the purpose of collective bargaining, the representatives of the municipal employer and the bargaining unit shall meet at any reasonable time and shall bargain in good faith with...


(a) It shall be an unfair labor practice for an employer: (1) To interfere with, restrain or coerce employees in the exercise of their rights guaranteed by this chapter or by any other...


(a) The board may prevent any person from engaging in any unfair labor practice. Whenever a charge is made that any person has engaged in or is engaging in any unfair labor practice, the board...


The expression of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic, oral or visual form, shall not constitute or be evidence of an unfair...


(a) Orders of the board issued under this chapter may be enforced by any party or by the board by filing a petition with the Washington superior court or the superior court in the county in...


(a) A strike shall not be prohibited unless (1) It occurs sooner than 30 days after the delivery of a factfinder's report to the parties pursuant to subsection (e) of section 1732 of...


(a) If the parties are at an impasse in negotiations, either party may petition the commissioner of labor and industry to appoint a mediator. The commissioner shall within 30 days serve as...


(a) If after a reasonable period of time not less than 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the commissioner of labor and...


(a) Nothing herein shall prevent the legislative body of a municipal employer and the exclusive bargaining agent from voluntarily submitting a contract impasse to final and binding arbitration...


(a) Municipal employees and exclusive bargaining agents are authorized to negotiate provisions in a collective bargaining agreement calling for: (1) Payroll deduction of employee...


For the purposes of representation in, and prevention of, unfair labor practices under sections 1726-1729 of this title, a teacher who is a certified employee of a school district shall...



The provisions of this chapter shall not be construed so as to make the state an employer where it only renders state aid to a municipality or approves of its plans or supervisors. ...




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