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Terms Used In Vermont Statutes Title 21 Sec. 416

  • Affected employees: means employees who may be expected to experience an employment loss as a consequence of a proposed or actual business closing or mass layoff by their employer. See
  • Business closing: means :

  • Commissioner: means the Commissioner of Labor. See
  • Department: means the Department of Labor. See
  • Employer: means any person that employs:

  • Mass layoff: means a permanent employment loss of at least 50 employees at one or more worksites in Vermont during any 90-day period. See
  • Subpoena: A command to a witness to appear and give testimony.

§ 416. Powers of the Commissioner

(a) The Commissioner may adopt rules as necessary, pursuant to 3 Vt. Stat. Ann. chapter 25, to carry out this subchapter. The rules shall include provisions that allow the parties access to administrative hearings for any actions of the Department under this subchapter.

(b) In any investigation or proceeding under this subchapter, the Commissioner has, in addition to all other powers granted by law, the authority to subpoena and examine information of an employer necessary to determine whether a violation of this subchapter has occurred, including to determine the validity of any defense.

(c) Information obtained through administration of this subchapter by the Commissioner and the Secretary of Commerce and Community Development shall be confidential, except that the number of layoffs, the types of jobs affected, and work locations affected shall cease to be confidential after local government and the affected employees have been notified. The Department may provide the information collected pursuant to subsection 413(c) of this subchapter to the U.S. Department of Labor and any other governmental entities for the purposes of securing benefits for the affected employees.

(d) Neither the Commissioner nor any court shall have the authority to enjoin a business closing, relocation, or mass layoff under this subchapter. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)