Code of Vermont Rules Agency 24 - DEPARTMENT OF LABOR
Agency 24 of the Code of Vermont Rules is indeed dedicated to the Vermont Department of Labor. This agency plays a central role in regulating various aspects of labor and employment within the state, with the overarching goals of protecting worker rights, ensuring fair labor practices, promoting workplace safety, and facilitating employment services.
Based on the current information available, here's a comprehensive overview of the key areas covered within Agency 24:
I. Wage and Hour Program (Sub-agency 090): This is a primary focus, ensuring compliance with fundamental employment standards.
Minimum Wage: Rules establish the state's minimum wage. As of January 1, 2025, the minimum wage increased to $14.01 per hour. These rates are reviewed and adjusted annually.
Tipped Employees: Specific rules apply to tipped employees, allowing for a lower base wage (currently $7.01 per hour for tipped employees as of January 1, 2025), provided that tips bring their total compensation up to the full minimum wage. If not, the employer must make up the difference.
Overtime: Non-exempt employees must be paid 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
"7th Day Overtime Law": Vermont also has a unique rule requiring time and a half for hours worked on the seventh consecutive day if an employee works all seven days in a workweek, even if they don't exceed 40 hours for the week.
Wage Payments: Regulations specify the frequency of wage payments (typically weekly, or bi-weekly/semi-monthly with proper notice), permissible deductions, and procedures for addressing unpaid or delayed wages.
Final Paycheck: Rules dictate when final wages must be paid upon an employee's separation (e.g., within 72 hours for involuntary termination, or by the next regular payday for voluntary separation).
Breaks: Employers are required to provide "reasonable opportunity" for meal breaks and restroom use.
Lactation Breaks: Federal and state laws mandate reasonable breaks for lactating mothers to express milk, with Vermont extending protections up to three years after childbirth.
Child Labor Rules (Chapter 24-010-009): Comprehensive regulations governing the employment of minors, including:
Age restrictions (e.g., typically 14 is the minimum age for most work).
Limitations on daily and weekly work hours, especially during school days and school weeks for 14- and 15-year-olds.
Prohibited hazardous occupations for minors.
Requirements for parental consent and, in some cases, employment certificates.
Earned Sick Time Rules: Vermont's Earned Sick Time law mandates that employers allow employees to accrue and use paid sick leave (e.g., one hour for every 52 hours worked, capped at 40 hours per year), with specific rules for eligible uses (personal illness, family illness, domestic violence, etc.).
Prevailing Wage Rates: Rules establish and update prevailing wage rates for state construction projects, effective from July 1 of each year. The latest prevailing wage rates are effective from July 1, 2025, to June 30, 2026.
Transparency in Pay (Effective July 1, 2025): New rules require employers with five or more employees to include a good faith wage range in all job postings for positions located in Vermont or performed remotely for a Vermont-based office.
II. Unemployment Insurance (Sub-agency 005 - Employment Security Board):
Eligibility and Benefits: Regulations detail the criteria for unemployment benefit eligibility, application procedures, and benefit calculations.
Employer Records: Rules specify the types of employment records employers must maintain for UI purposes (e.g., payroll records, dates of employment, remuneration details).
Claims Adjudication: Processes for managing UI claims, including appeals.
III. Workplace Safety (Sub-agency 050 - Vermont Occupational Safety and Health Administration - VOSHA):
Occupational Safety and Health Standards: VOSHA adopts and enforces standards to ensure safe and healthy working conditions, generally aligned with federal OSHA standards.
Inspections and Enforcement: Procedures for workplace inspections, hazard identification, and enforcement actions.
Worker Rights: Protection against discrimination or retaliation for employees who raise safety concerns or file complaints.
Fatal Occupational Injuries: The Department also tracks and reports on fatal work injuries, with 16 reported in Vermont in 2023.
IV. Worker Rights & Protections (General and Specific):
Family and Medical Leave (Act 32 - FMLA): Vermont has its own Parental and Family Leave laws that may provide broader coverage than federal FMLA, specifying eligibility and leave durations (e.g., up to 12 weeks of unpaid parental or family leave for eligible employees).
Crime Victim Leave: Employees who are crime victims are entitled to unpaid time off to attend related legal proceedings.
Jury Duty and Witness Leave: Protections for employees serving as jurors or witnesses.
Military Leave: Employers must allow up to 15 days of military leave with reinstatement rights.
Town Meeting Leave: Employees must be allowed leave to attend annual Town Hall Meetings with seven days' notice.
Sexual Harassment: Regulations address the prevention of sexual harassment in the workplace and outline employer obligations.
Drug Testing: Strict rules apply to drug testing of applicants and employees. Pre-employment testing is generally allowed only after a conditional job offer, and employee testing typically requires probable cause, with strict conditions for rehabilitation programs. Random testing is generally prohibited except where mandated by federal law.
Lie Detector Tests (Polygraphs): Generally prohibited as a condition of employment.
Worker Classification: Rules help determine proper classification of workers as employees vs. independent contractors.
Pay Equity: Prohibits paying different rates to members of protected classes for equal work.
Notice of Potential Layoffs Act: Requires employers to notify the Secretary of Commerce and Community Development and the Commissioner of Labor at least 45 days in advance of a closing or mass layoff involving 50 or more employees over 90 days.
Vermont Saves: This state-sponsored retirement savings program requires employers with five or more employees that do not offer a qualified retirement plan to participate.
V. Workforce Development (Sub-agency 020 - Apprenticeship Council):
Apprenticeship Programs: Rules govern the registration and operation of apprenticeship programs, fostering skilled trades.
Job Training and Placement Services: The Department provides and regulates various services to connect job seekers with training and employment opportunities.
VI. Specific Licensing Boards (Sub-agencies 040 - Electricians Licensing Board, 060 - Passenger Tramway Board):
These sub-agencies within the Department of Labor oversee the licensing and safety regulations for specific professions and equipment, ensuring public safety and professional competence in those areas.
In essence, Agency 24 of the Code of Vermont Rules represents a comprehensive and dynamic regulatory framework. The Vermont Department of Labor continuously updates these rules to address evolving labor market needs, technological changes, and social justice imperatives, all with the goal of fostering a fair, safe, and productive working environment for all Vermonters.
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