Title 21, Title 21: Labor

§ 1252. Definitions For the purposes of this chapter: (1) “Commissioner” means the Commissioner of Labor or the Commissioner’s designee. (2) “Department” means the Department of Labor. (3) “Domestic and sexual violence” means domestic violence, sexual assault, or stalking as defi…

§ 1253. Eligibility The Commissioner shall make all determinations for eligibility under this chapter. An individual shall be eligible for up to 26 weekly payments when the Commissioner determines that the individual voluntarily left work due to circumstances directly resulting f…

§ 1254. Conditions An individual shall be eligible to receive payments with respect to any week, only if the Commissioner finds that the individual complies with all of the following requirements: (1) files a claim certifying that he or she did not work during the week; (2) is no…

§ 1255. Procedures (a) The Commissioner or designee shall review all claims for payment and shall promptly provide written notification to the individual of any claim that is denied and the reasons for the denial. (b) Within 30 days after receipt of a denial, the individual may a…

§ 1256. Notification to the public The Department shall take reasonable measures to provide information to the public about the Program, including publishing information on the Department’s website and providing timely materials related to the Program to public agencies of the St…

§ 1301. Definitions As used in this chapter: (1) “Benefits” and “compensation” mean the money payments payable to an individual, as provided in this chapter, with respect to the individual’s unemployment. (2) “Commissioner” means the Commissioner of Labor or the Commissioner’s au…

§ 1301a. Department of Labor; composition The Department of Labor, created by 3 V.S.A. § 212, shall consist of a Commissioner of Labor, the Vermont Employment Security Board, the Vermont Workforce Development Division, the Economic and Labor Market Information Division, the Workf…

§ 1302. Vermont Employment Security Board; composition; duties (a)(1) There is created a board of three members to be known as the Vermont Employment Security Board. (2)(A) One member, who will serve as the chair of the Board, shall be the Commissioner of Labor, ex officio. (B) T…

§ 1303. Compensation The Commissioner of Labor shall be paid an annual salary, as provided by 32 V.S.A. § 1003, and necessary expenses incurred in the performance of the Commissioner’s duties. Each other member of the Board shall be paid a per diem fixed by the Emergency Board wh…

§ 1304. Quorum 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 a majority remain. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1…

§ 1305. Divisions; Comprehensive Employment and Training Office There is hereby established within the Department of Labor, the Vermont Employment Service Division, the Unemployment Compensation Division, and the Comprehensive Employment and Training Office. Each division and off…

§ 1305a. Comprehensive Employment and Training Office (a) With the approval of the Governor, the Commissioner shall appoint a Director of the Comprehensive Employment and Training Office and fix his or her salary. The Director shall serve at the pleasure of the Commissioner. The …

§ 1307. Commissioner of Labor, duties and powers of The Commissioner of Labor shall administer this chapter. The Commissioner may employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she considers necessa…

§ 1308. Organization The Commissioner shall determine 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 emplo…

§ 1309. Reports; solvency of Trust Fund (a)(1) On or before January 31 of each year, the Commissioner shall submit to the Governor and the Chairs of the Senate Committees on Economic Development, Housing and General Affairs and on Finance and the House Committees on Commerce and …

§ 1311. Employees 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 performance of the Commissioner’s duties. The Commissioner may delega…

§ 1311a. Professional training for employees The Commissioner, using grant funds made available by the United States, may, to the extent permitted and subject to the approval of the Governor, provide professional training for the Department’s employees by contracting with educati…

§ 1312. Publication of rules and reports The Commissioner shall make available for distribution to the public the text of this chapter, the Board’s rules, the Commissioner’s annual reports to the Governor, and any other material the Commissioner considers relevant and suitable. T…

§ 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 (a) The Commissioner may require any employing unit to keep…

§ 1314a. Quarterly wage reporting; misclassification; penalties (a)(1) Each employing unit that is an employer that has individuals in employment as defined in subdivision 1301(6) of this chapter shall file with the Commissioner on forms supplied by the Commissioner a detailed wa…

§ 1315. State-federal cooperation In the administration of this chapter, the Commissioner shall: (1) cooperate with the Secretary of Labor to the fullest extent consistent with the provisions of this chapter; (2) make reports, in a form and containing information required by the …

§ 1316. Furnishing data Upon request 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, address, ordinary occupation, and employment status of each recipient of benefi…

§ 1317. Railroad Retirement Board 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 the federal Railroad Unemployment Insurance Act and m…

§ 1318. Reciprocal benefit arrangements (a) The Commissioner is authorized to enter into arrangements with the appropriate agencies of other states or the federal government under which potential rights to benefits accumulated under the unemployment compensation laws of other sta…

§ 1319. Agreements for collection and payment of contributions Notwithstanding the provisions of subdivision 1301(6)(A) of this title, the Commissioner is authorized to enter into reciprocal agreements with the appropriate agencies of other states or the federal government adjust…

§ 1320. Investigations; general powers (a)(1) The Commissioner is authorized to conduct investigations, secure and transmit information, make available services and facilities, and exercise the other powers provided pursuant to this chapter as the Commissioner deems necessary or …

§ 1321. Contributions; taxable wage base changes (a) Payment of contributions. Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter, with respect to wages paid for employment, as defined in subdivis…

§ 1322. Reports; liability (a) Every employer shall file with the Commissioner periodic reports to disclose its liability for contributions under this chapter on forms and at times prescribed by the Commissioner. (b)(1) Every employer subject to this chapter who sells in bulk 50 …

§ 1322a. Out-of-state or nonresident subcontractors (a) 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 the provisions of this chapter, sh…

§ 1323. Termination of coverage; agreement by employee to make contribution (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 next followin…

§ 1324. Rate of contribution (a) The standard rate of contributions shall be five and four-tenths percent. (b) Each employer that has not been subject to this chapter for a sufficient period of time to have the rate computed under section 1326 of this subchapter shall pay contrib…

§ 1325. Employers’ experience-rating records; disclosure to successor entity (a)(1) The Commissioner shall maintain an experience-rating record for each employer. Benefits paid shall be charged against the experience-rating record of each subject employer who provided base-period…

§ 1326. Rate based on benefit experience (a)(1) The Commissioner shall for each rate year compute a benefit ratio for each employer who meets the requirements of section 1327 of this subchapter. For an employer whose record has been chargeable with benefits throughout the three c…

§ 1327. Rate; reduction; conditions 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 subchapter, unless and until the employer’s experience-rating record has been chargeable with benef…

§ 1328. Filing employer quarterly tax contribution reports; failure The Commissioner shall impose a penalty of $100.00 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 the report is due, which…

§ 1329. Collection of unpaid contributions; suit (a)(1) If any employer fails to make, when due, any contributions or payments required of the employer under this chapter, the obligation shall carry interest at the rate of one and one-half percent per month from the due date. (2)…

§ 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 applicable interest and penalty. After making the assessment, the Co…

§ 1331. Notice; hearing (a) Any employer against whom an assessment is made may, within 30 days after the date of the assessment, file with the Commissioner a petition for a hearing before a referee appointed for that purpose. The petition shall set forth specifically and in deta…

§ 1332. Review by Board; Supreme Court appeal (a) The Board, upon an application filed or on its own motion, within the time specified in section 1331 of this subchapter, shall, on notice to interested parties, review the decision of the referee. (b) Before rendering its decision…

§ 1334. Judgment; exception (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 or employing unit to the State for the benefit of the Unempl…

§ 1336. Lien; fee; foreclosure (a)(1) 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 the employer from the date a lien for the contributions, interest, penalties…

§ 1337. Adjustments and refunds (a) If not later than three years after the date on which any contributions or interest thereon became due, an employer who has paid the contributions or interest thereon applies for an adjustment of the contributions or interest in connection with…

§ 1337a. Administrative determination; hearing on (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, or its termination of coverage may, wi…

§ 1338. Weekly benefits (a) Each eligible individual who is totally unemployed in any week shall be paid with respect to a the week a weekly benefit amount determined as provided in this section. (b), (c) [Repealed.] (d)(1) To qualify for benefits an individual must: (A) have bee…

§ 1338a. Disregarded earnings (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 benefit amount the individual would be entitled to receive if to…

§ 1339. Weekly benefit for partial unemployment 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 between his or her weekly benefit amount and…