Last week our office sent out the first scam alert through the VT Alert System to warn Vermonters about an active utility disconnection phone scam (listen to the alert here).
This exciting program started three weeks ago when the Attorney General’s Office partnered with Vermont Emergency Management to use their existing “VT Alert” emergency notification system. The system lets you get instant alerts by email, text message, or a phone message. We’ll be using this system to alert Vermonters about scams going around the state. You must sign up to get these alerts. So far, 677 people have signed up through our website and over 3100 signed up through the VT Alert portal!
We don’t want to send out too many alerts, so we’ll only use the system to let you know about scams that are new, have changed, or are happening most often. We also might send you alerts about scams that are happening in your town or county specifically.
Signing up is free and easy. Call us at 802-656-3183 or 1-800-649-2424 (toll-free from a VT phone). You can also visit our website consumer.vermont.gov and click on “Sign Up for Scam Alerts!” You can choose to get alerts by text message, email, or a prerecorded telephone message from Attorney General Donovan.
We want to help you stay informed and stay ahead of scammers trying to defraud Vermonters. Once you sign up for the Scam Alert System, we encourage you to spread the word by sharing the alert message with your friends, family, neighbors, and communities. Together we can get informed, spread the word, and stop the scams.
Example of an email alert:
Our office would like to extend a special thank you to our partner at the Vermont Department of Pubic Safety, Emergency Management System–and in particular Director Erica Bornemann, Public Information Officer Mark Bosma, and Administrator Randy Bronson.
Welcome to CAP Connection, the new blog for the Consumer Assistance Program of the Vermont Attorney General’s Office. The Consumer Assistance Program has been connecting with local Vermont communities for more than 35 years. Our hope in producing this blog is to make the information and experiences that we gain by connecting with Vermonters available to everyone. When it comes to scams, the best form of prevention is awareness. When problems arise, it’s helpful for consumers to know they have a place to go for help. When it’s difficult to locate appropriate resources, we may be of assistance too. Ultimately, through this blog we hope to connect Vermonters to resources and information that will be helpful and useful.
This blog replaces the previously produced Pure Vermont Newsletter, which was issued for four years. This new communication format is intended to provide the public with up-to-date access to consumer and business news and information. Check back often for scam alerts, general consumer and business information, business compliance assistance, and reports on consumer and business experiences in the marketplace. Connect with the Vermont Attorney General’s Office on Facebook and/or Twitter to get the latest updates. Links to this blog will also be posted on social networks when a new blog is updated. Don’t hesitate to continue to contact our office to report your concerns.
What if an employee becomes pregnant? Pregnancy or childbirth may limit a woman’s ability to perform a job. Under Act 21, employers must provide reasonable accommodations to such women, unless those accommodations would be an undue hardship on the employer.
What if the job involves heavy lifting? The employer must provide reasonable accommodations, such as providing lifting equipment.
What is an “undue hardship”? An “undue hardship” is an accommodation that would be significantly difficult or expensive to put into place.
What if the woman can no longer perform the essential functions of the job? The employer must engage in an ongoing discussion with the employee to explore different options that may accommodate the employee so that she can perform the essential functions of the job. At the end of the day the employee must be able to perform the essential job functions, with or without accommodations.
When does this law take effect? January 1, 2018.
Beware: existing disability law has the same requirements. As an employer, you should provide reasonable accommodations to women with limitations caused by pregnancy, childbirth and related issues.
What are the penalties for failure to provide accommodations? All the sanctions of the Fair Employment Practices Act, including damages and attorney’s fees.
Does a nursing parent have rights to pump breast milk in the workplace? Yes. The Legislature granted parents and babies such rights in 2013. This right exists for the first three years after birth of the child. The usual term for pumping breast milk is “to express” breast milk.
Why does the Legislature care about breast-feeding? Research has shown that breast-feeding:
promotes improved health outcomes,
provides the best nutrition for the baby,
keeps a close emotional bond between mother and child,
saves money,
avoids health risks of baby formula,
results in greater ability for the nursing parent to work, since breastfed babies are sick less often.
Vermont law supports nursing mothers.
What are the employer’s obligations to employees who are nursing parents?
Time–The employer must provide reasonable time throughout the day for the employee to express breast milk.
Place–The employer must provide an appropriate private space that is not a bathroom.
Does the parent get paid while expressing breast milk? Only at the employer’s discretion. A collective bargaining agreement could provide for compensation.
Are there any exemptions? There is no explicit exemption based on the size of the business. An employer is exempt only if the employer can prove that providing time or appropriate private space would substantially disrupt the employer’s operations.
What can an employer do to help nursing parents?
Understand the law
Inform employees of the new policy
Provide a clean, private place with access to electric outlets and a chair
Offer flexible breaks to nursing mothers
Apply for Breastfeeding Friendly Employer recognition
What are the penalties for violation? The law can be enforced by the parent or by the State under the Vermont Fair Employment Practices Act. 21 V.S.A. § 495b. Violators are assessed damages and attorney’s fees.
Do I have to allow time on-the-job for a parent to express milk? Yes, unless you can demonstrate that doing so would substantially disrupt the employer’s operations. In most cases, employers can work out a schedule and suitable space.
What kind of space? The space must be shielded from view. The space must be sanitary and private—free from intrusion by coworkers or the public. The space cannot be a bathroom.
Do we need to have a permanent, dedicated space? No. The employer can create or convert a temporary space. If the space is not dedicated to nursing parents’ use, the space must be available when needed.
Do we need to provide a space even if they don’t have employees who are nursing parents? No.
But I’ve heard that there is a small business exemption from federal law for small businesses. Federal law provides a theoretical exemption for a small business with less than 50 employees where the business can show an undue hardship, but there is no such exemption under Vermont law. Here is a description of federal law on breastfeeding in the workplace. Since there is no small business exemption under Vermont law, Vermont law dictates.
Are there other Vermont laws that assist nursing parents? Yes. Vermont law gives parents a right to breastfeed their child in any place where they have a legal right to be present — see 4502(j).
The Legislature found that paid sick leave would provide a healthier work environment for all Vermonters. However, about half of private-sector employees—60,000—lacked paid sick leave.
These Vermonters were generally employees of Vermont small businesses.
What employers does this law cover?
Almost all employers are covered. There are some exceptions listed below. Since mainly small businesses lacked leave programs, the law affects mostly small businesses.
New employers are exempt for the first year that the business hires any employees. 21 V.S.A. § 486(a).
When did the law go into effect?
January 1, 2017. There is a one-year grace period for employers with five or less employees. These very small employers have until January 1, 2018 to comply with the use of leave, but not the accrual.
What must an employer do?
Employers must accrue paid sick leave for all employees–at least one hour of sick leave for every 52 hours an employee actually works. The accrual must begin by January 1, 2017. See Footnote 1.
Okay, so there are 2080 hours per year when some works a 40-hour work week.
Yes, and 2080 ÷ 52 = 40 hours that a person would earn in an average year with no vacation. So the law anticipates some sick leave accrual for Vermonters working even more hours than a standard work-year.
When can an employee use the accrued sick leave?
For this year and 2018, an employee can use up to 24 hours of earned sick time a year. Starting in 2019, an employee can use up to 40 hours per year.
However, an employer may embargo the use of sick leave until January 1, 2018, or one year after the employee is first employed.
What can the sick leave be used for?
The sick leave can be used for the employee, or
child,
spouse,
parent,
grandparent, or
step-parent of the employee.
The sick leave can also be used for sickness (see Footnote 2) or injury of help any of the above, and to:
Obtain health care or long-term care
Travel to an appointment related to the above
Address the effects of domestic violence or stalking.
How much does an employer have to pay when sick leave is used?
The normal hourly wage rate, which better be at least the minimum wage. See Footnote 3. If less than a full workday, then the employee can be charged as sick leave only for whatever time is actually used.
What does the law say about unused, accrued paid sick leave?
Sick leave carries over from year to year. However, the limitations on use of leave (24 hours per year until 2018) still apply. Obviously, the employer can allow more use of leave than the minimums. See Footnote 4. Alternatively, an employer can pay the employee for unused sick time.
If the employer offers the full possible sick leave to employees at the beginning of the annual period (before the leave is actually earned), then the employer does not need to carry-over unused leave from the previous year. 21 V.S.A. § 484(a)(2).
What if the employee leaves? See Footnote 5. Must the employer pay for unused sick leave?
No … unless the employer had agreed to pay for unused sick leave.
Must an employee use sick leave when sick?
If the employer requires use of sick leave, then the employee must use sick leave. 21 V.S.A. § 483(f).
However, the employer and employee can agree on alternatives, if they both prefer.
They can agree that the employee:
simply to make up the lost time, or
trade hours so that another employee works during the sick time, and the employee with the sick time makes up the work for the other employee.
However, these options are simply options available by agreement.
Can the employer require the employee to find a replacement worker during sick leave absences?
No.
What happens if I fail to follow the paid leave law?
The Act makes an employer liable for damages. There is a criminal penalty for fraud.
If the failure is part of a larger claim—such as disability discrimination—it is certainly possible that the failure would be used as evidence of such discrimination.
Are there exceptions?
There are a several exceptions:
First, people who are exempt:
Children (that is, people under age 18).
Part-time and part-year employees in two situations:
Who work an average of less than 18 hours a week—averaged over a year.
Who work 20 weeks or less in a 12-month period if the job was never scheduled to last no longer.
Executive officers, managers or members specifically approved by the Commissioner of Labor (21 V.S.A. § 601(14)(H)).
Sole proprietors and partner-owner of an unincorporated business who qualifies a 7-part test, under 9 V.S.A. § 601(14)(F) (See the next question.)
What is the 7-part test for sole proprietors and partner-owners?
The exemption for sole proprietors and partner-owners applies only to those who meet a 7-part test. (This test generally reflects concerns regarding misclassification.)
Here is the seven-part test:
1. The work is distinct and separate from that of the person with whom the individual contracts.
2. The individual controls the means and manner of the work.
3. The individual acts as an independent business.
4. The individual works for the general public
5. The individual does not perform work exclusively for or with another person.
6. The individual is not an employee for purposes of income or employment taxation with regard to the work performed.
7. The individual’s services are:
performed under a written agreement, and
the agreement explicitly states that the individual is not considered to be an employee under this chapter, is working independently, has no employees, and has not contracted with other independent contractors, and
the agreement includes information regarding the right of the individual to purchase workers’ compensation insurance coverage and the individual’s election not to purchase that coverage. See 9 V.S.A. § 601(14)(F).
Second, certain employers are exempt, often with qualification.:
The Federal government (because of preemption under the U.S. Constitution).
The State of Vermont (because there are statutory benefits and collective bargaining agreements). Temporary employees working for the State do get the benefits of the Act.
Health-care facilities under 18 V.S.A. § 9432(8) or 33 V.S.A. § 7102(2) if the employee works on a per diem or intermittent basis.
School districts, supervisory districts or supervisory unions meeting
Footnotes
1 There is an exemption for employees not covered by the Fair Labor Standards Act, 29 U.S.C. § 213(a)(1). Those exempt employees may be limited to accruing sick leave on the first 40 hours per week. 21 V.S.A. § 482(c)(2).
2 The sick leave can also be used to care for a family member if a business or school is closed for public health or safety reasons.
3 The minimum wage is set at 21 V.S.A. § 384. See 21 V.S.A. § 482(d).
4 9 V.S.A. § 483(d).
5 If the employee is then rehired, then he or she can use sick leave immediately, but does not retain sick leave accrued before the break, unless the employer agrees. 21 V.S.A. § 483(f).
