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Senate Bill No. 268
Public Act No. 26-17
AN ACT AUTHORIZING THE COMPTROLLER TO WITHHOLD
PAYMENT FOR VIOLATIONS OF THE PREVAILING WAGE
STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31 -76a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
(a) On receipt of a complaint for nonpayment of wages, a violation of
the provisions of subsection (g) of section 31 -288 or a violation of the
provisions of subsection (b) of section 31 -53, the Labor Commissioner,
the director of Wage and Workplace Standards or the director's
designee, shall have power to enter, during usual business hours, the
place of business or employment of any employer to determine
compliance with the wage payment laws, subsection (g) of section 31 -
288 or subsection (b) of section 31-53, and for such purpose may examine
payroll and other records and interview employees, call hearings,
administer oaths, take testimony under oath and take depositions in the
manner provided by sections 52-148a to 52-148e, inclusive.
(b) The commissioner or the director, for such purpose, may issue
subpoenas for the attendance of witnesses and the production of books
and records. Any employer or any officer or agent of any employer,
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corporation, firm or partnership who wilfully fails to furnish time and
wage records as required by law to the commissioner, the director of
minimum wage or any wage enforcement agent upon request, or who
refuses to admit the commissioner, the director or such agent to the
place of employment of such employer, corporation, firm or
partnership, or who hinders or delays the commissioner, the director or
such agent in the performance of the commissioner's, the director's or
such agent's duties in the enforceme nt of this section shall be fined not
less than one thousand dollars . Each day of such failure to furnish the
time and wage records to the commissioner, the director or such agent
shall constitute a separate offense, and each day of refusal to admit, of
hindering or of delaying the commissioner, the director or such agent
shall constitute a separate offense.
(c) (1) If the commissioner determines, after an investigation
pursuant to subsection (a) of this section, that an employer is in violation
of (A) subsection (g) of section 31-288, or (B) subsection (b) of section 31-
53, the commissioner shall issue, not later than seventy-two hours after
making such determination, a stop work order against the employer
requiring the cessation of all business operations of such employer. Such
stop work order shall be issued only against the employer found to be
in violation of subsection (g) of section 31 -288 or in violation of
subsection (b) of section 31 -53 and only as to the specific place of
business or employment for which the violation exists. Such order shall
be effective when served upon the employer or at the place of business
or employment. A stop work order may be served at a place of business
or employment by posting a copy of the stop work order in a
conspicuous location at the place of business or employment. Such order
shall remain in effect until the commissio ner issues an order releasing
the stop work order upon a finding by the commissioner that the
employer has come into compliance with the requirements of subsection
(b) of section 31-284 or subsection (b) of section 31-53, or after a hearing
held pursuant to subdivision (2) of this subsection.
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(2) Any employer against which a stop work order is issued pursuant
to subdivision (1) of this subsection may request a hearing before the
commissioner. Such request shall be made in writing to the
commissioner not more than ten days after the issuance of such order.
Such hearing shall be conducted in accordance with the provisions of
chapter 54.
(3) Stop work orders and any penalties imposed under section 31-288
or 31-69a against a corporation, partnership or sole proprietorship for a
violation of subsection (g) of section 31 -288 or for a violation of
subsection (b) of section 31 -53 shall be effective against any successor
entity that has one or more of the same principals or officers as the
corporation, partnership or sole proprietorship against which the stop
work order was issued and are engaged in the same or equivalent trade
or activity.
(d) (1) After issuing a stop work order for a violation of subsection (b)
of section 31 -53 pursuant to subsection (c) of this section, the
commissioner may notify the Comptroller, in a form and manner
prescribed by the Comptroller, of the issuance of such stop work order
against a contractor or subcontractor performing work on a public
works project.
(2) Not later than ten business days following receipt of notice from
the commissioner pursuant to subdivision (1) of this subsection, the
Comptroller shall notify the contractor or subcontractor that the
Comptroller has received such notice from the commi ssioner and such
contractor or subcontractor shall comply with the provisions of
subsection (b) of section 31-53 not later than ten business days following
receipt of such notice from the Comptroller.
(3) If, after ten business days, such contractor or subcontractor
remains out of compliance with the provisions of subsection (b) of
section 31-53, the Comptroller may withhold payment of money to such
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contractor or subcontractor until the commissioner issues an order
releasing the stop work order pursuant to subsection (c) of this section
or upon payment of any penalties imposed under section 31 -53 or 31 -
69a or finalization of any settlement agreement entered into pursuant to
section 31-53.