Current through December 12, 2024
(a) The Labor
Department shall make a finding regarding jurisdiction and, if it has
jurisdiction, investigate complaints filed in accordance with section
31-51qq-43
of the Regulations of Connecticut State Agencies as expeditiously as possible.
The Labor Department may, at its discretion, investigate separate complaints in
a consolidated manner.
(b) For
purposes of this section, "respondent" means any employer or person, who is the
subject of a complaint. the Labor Department shall provide to a respondent
timely notice that a complaint has been filed and that an investigation has
been initiated. Such notice shall contain:
(1)
A copy of the complaint;
(2) The
right of either party to representation; and
(3) Instructions regarding the need to
respond to the complaint.
Any respondent furnished with a notice pursuant to this
subsection may respond in writing to the Labor Department not later than
twenty-one (21) calendar days of the mailing date of such notice. The Labor
Department may, in its sole discretion, afford the respondent additional time
to respond. Such response may include any information, evidence or argument the
respondent deems relevant or necessary to the Labor Department's investigation
and hearing of the complaint. The continuation and completion of the Labor
Department's investigation shall not be contingent upon such response.
(c) At any point during
the pendency of an investigation, the Labor Department may effect an informal
resolution of the complaint which is mutually acceptable to the complainant and
the respondent.
(d) Where the Labor
Department, as the result of an investigation conducted pursuant to this
section, has reason to believe that a respondent has:
(1) Interfered with, restrained or denied the
exercise of, or the attempt to exercise, any rights provided under the
Act;
(2) Discharged or caused to be
discharged, or in any manner discriminated against, any individual for opposing
any practice made unlawful by the Act or because such employee has exercised
the rights afforded to such employee under the Act;
(3) Violated any provision of the Act with
respect to an eligible employee, or
(4) Discharged or caused to be discharged, or
in any manner discriminated against, an individual because such individual:
(A) Has filed any charge, or has instituted
or caused to be instituted any proceeding, under or related to the
Act;
(B) Has given, or is about to
give, any information in connection with any inquiry or proceeding relating to
any right provided under the Act; or
(C) Has testified, or is about to testify, in
any inquiry or proceeding relating to any right provided under the Act, the
Labor Department may require the parties to participate in a mandatory
settlement conference and, in the absence of a settlement, a hearing officer
designated by the Commissioner shall hold a hearing and render a final
decision.
(e)
Where the Labor Department determines that it has no jurisdiction or, as the
result of an investigation conducted pursuant to this section, finds that there
is no reason to believe that a respondent has:
(1) Interfered with, restrained or denied the
exercise of, or the attempt to exercise, any rights provided under the
Act;
(2) Discharged or caused to be
discharged, or in any manner discriminated against, any individual for opposing
any practice made unlawful by the Act or because such employee has exercised
the rights afforded to such employee under the Act;
(3) Violated any provision of the Act with
respect to an eligible employee, or
(4) Discharged or caused to be discharged, or
in any manner discriminated against an individual because such individual:
(A) Has filed any charge, or has instituted
or caused to be instituted any proceeding, under or related to the
Act;
(B) Has given, or is about to
give, any information in connection with any inquiry or proceeding relating to
any right provided under the Act; or
(C) Has testified, or is about to testify, in
any inquiry or proceeding relating to any right provided under the Act, the
Labor Department shall dismiss the complaint and issue a release of
jurisdiction in writing allowing the complainant to bring a civil action in the
Superior Court. Any action brought by the complainant in accordance with this
subsection shall be brought not later than ninety (90) calendar days after the
date of the dismissal decision and release of jurisdiction from the
Commissioner. A court of competent jurisdiction may award the employee all
appropriate relief, including rehiring or reinstatement to the employee's
previous job, payment of back wages and reestablishment of employee benefits to
which the employee otherwise would have been eligible if a violation of this
subsection had not occurred.