Some of the links below are for Members Only
For NEW state laws, year by year from 2000, go to our Legislative Summaries page.
On this page:
Labor and OSHA/Safety
Real Estate & Other Licensing
Common Interest Ownership Act
Connecticut ranks 40th worst among all states for business tax climate - Hartford Business Journal (10-10-12)
Eye on Housing - The Facts on that rumored 3.8% sales tax buried within the federal health care law - some truth to it, but mostly false (7-5-12)
Additional Guidance Regarding Withholding Calculation Rules for Supplemental Compensation and Use of Newly Issued Form CT-W4T (11-28-11) - Confusion reigns among employers over how to calculate the state's income tax withholding for employees, which was made retroactive to Jan. 1, 2011, by the state legislature and Governor Malloy. This latest guidance from DRS is intended to help correct over-withholding issues.
DRS Notice regarding income tax changes in 2011 legislation (SN 2011(12)).
Employers must start on August 1, 2011, withholding a full 12 months of taxes in the remaining five months of the calendar year because the increased income taxes proposed by the Governor and adopted by the CT legislature are retroactive to January 1, 2011.
Mortgage Interest Deduction Under Attack (Nov 2010)
2008 Special Session (June 11, 2008): State legislature extends the "temporary" increase in the municipal real estate conveyance tax for another two years until July 1, 2010. See how State Senators voted and State Representatives voted in the early morning hours of June 12, 2008.
Conveyance Tax - HBRACT's Opposition Statement
Dept. of Revenue Services - Special Notice on Nonresident Contractor Deposits and Bonds
Legislature adopts sales tax holiday on fluorescent light bulbs and Energy Star home appliances
Dept. of Revenue Services issues special notice on NEW Sales Tax Exemption for Weatherization Products (effective June 1, 2006, to June 30, 2007)
Dept. of Revenue Services Building Contractors Guide to Sales & Use Taxes (March 2007).
Dept. of Revenue Services Regulations on Sales & Use Tax for Contractors and Subcontractors.
Labor and OSHA/Safety
Employment Eligibility; Immigration; Form I-9
Federal law places an affirmative duty on employers to verify the identity and work authorization of all newly hired persons through completion of the Employment Eligibility Verification Form I-9 within three business days after the individual is hired.
Reminder: New I-9 Form Must be Used After May 7
The U.S. Citizenship and Immigration Services (USCIS) agency has issued a new Form I-9 for Employment Eligibility Verification. After May 7, 2013, all employers must use only the newly revised Form I-9 (expiration date 3/31/2016) for each new employee hired, or be subject to a civil penalty if audited. Download the new form and instructions at: http://www.uscis.gov/files/form/i-9.pdf.
The new form requires additional data, and expands the form from one page to two. Employers are encouraged to familiarize themselves with the new format and instructions. The USCIS is conducting several free I-9 webinars to provide answers to any questions about the new form.
There is a Spanish language version of the new Form I-9 available for download at: Formulario I-9. However, please note that only employers and employees in Puerto Rico are permitted to use the Spanish-language form for employment eligibility verification purposes. Elsewhere, the Spanish language version can be utilized for only for reference to facilitate completion of the English language version of the Form I-9. Except in Puerto Rico, employers must complete and retain only the English language Form I-9.
For more information, email David Crump at NAHB or call him at 800-368-5242 x8491.
U.S. Department of Justice issues warning on discrimination based on immigration status or national origin - Labor & Employment Update from Murtha, Cullina LLP (11-30-11)
Wage & Hour Law; Unemployment Compensation; Employment Status
CT DOL Tax Audit Guide; CT DOL "ABC" Test; CT General Statutes sec. 31-222(a)(B)(ii) ABC Test (statute as of 1-1-11);
IRS 20-factor test to determine employment status
U.S and Connecticut Departments of Labor Join Forces to Enforce Wage and Hour Laws on Construction Sites - Labor & Employment Update from Murtha, Cullina LLP (12-13-11)
Regulators Say Construction Industry Abuse of Workers 'Pervasive' In CT, RI - Hartford Courant (11-30-11); HBRA's position: the law should be followed by all contractors, and given there are literally tens of thousands of contractors in CT (commercial, new home and home improvement), the vast majority of which do follow the law, the "pervasive" characterization is unfortunate regulator and media hyperbole.
U.S. Court of Appeals for the District of Columbia issues temporary injunction on implementation of the NLRB poster rule (April 17, 2012) - April 30, 2012 effective date for new requirement no longer in effect.
Prior Post: NLRB Right to Unionize Poster Rule Delayed Until April 30, 2012 (see the Dec. 9, 2011, Punch List e-newsletter for all HBA members)(from NAHB):
The National Labor Relations Board has agreed to postpone the effective implementation date of its employee collective bargaining rights poster requirement — which includes a right to unionize notice — to April 30, 2012, depending upon the outcome of several legal challenges. The requirement was to go in effect on Jan. 31, 2012, but at least three lawsuits have been filed seeking to block the posting requirement — including one by the U.S. Chamber of Commerce. A federal court in Washington, D.C., has delayed its implementation until after hearing legal challenges to the new rule.
The collective bargaining rights poster is available free for download on the NLRB website. If the rule is implemented, the poster must be hung in a conspicuous place with other workplace rights notices.
The rule will apply to all employers with a gross annual business volume of $500,000 or more, whether or not the employer operates a non-union shop or conducts business in a “right to work” state. The NLRB has indicated that it will not conduct inspections to determine if the poster is in place, but it may take action if an unfair labor practices complaint is filed. The NLRB states on its website that it expects such complaints to be resolved if the employer subsequently agrees to hang the poster, but the agency could take further action if the employer refuses to hang the poster.
For more information, please visit https://www.nlrb.gov/faq/poster. Email David Crump at NAHB, or call him at 800-368-5242 x8491, with questions regarding this requirement.
The Impact of State Employment Policies on Job Growth: A 50-State Review (US Chamber of Commerce, 2011) - CT ranks in the Poor category; Ask lawmakers to at least move us up to Fair, if not Good
CT Dept Revenue Services - 2011 Withholding Rules & Tables - As part of the new two-year, $40.1 billion state budget, employers must start on August 1 withholding a full 12 months of taxes in the remaining five months of the calendar year because the increased income taxes proposed by the Governor and adopted by the CT legislature are retroactive to January 1, 2011.
CT Workers Compensation
The National Council on Compensation Insurance, Inc.' s Workers' Compensation Voluntary Loss Costs and Assigned Risk Rates Filing, Effective January 1, 2012
Plain english Information Packet on the state's workers comp system
Apprenticeship Registration Process
OSHA training videos show how quickly construction workers can be injured or killed on the job (12-8-11) - intended to assist those in the industry to identify, reduce, and eliminate construction-related hazards. Twelve videos, most 2-4 minutes long, cover falls in construction, sprains and strains in construction, struck-by accidents, carbon monoxide poisoning, and excavations.
Federal OSHA - Main Publications Page - Good resources to know; Fall Protection in Residential Construction - from Fed OSHA; OSHA's Fall Prevention Campaign
NAHB's OSHA resources - for NAHB members only (requires NAHB username and password login)
Nail Gun Safety: A Guide for Construction Contractors - OSHA and NIOSH (Oct 2011).
New Fall Protection Rules Being Enforced - Make Sure You're in Compliance
The 90-day phase-in period giving residential construction companies additional time to come into compliance with the Occupational Safety and Health Administration's new "Compliance Guidance for Residential Construction" directive (STD 03-11-002) on fall protection ends on Sept. 15, 2011.
The Occupational Safety and Health Administration has posted on its website a narrated slide presentation on residential fall protection - the agency's latest tool for helping the residential construction industry comply with the requirements of its fall protection standard. The presentation describes safety methods for preventing injuries and deaths from falls, and explains techniques currently used by employers during various stages of construction.
Fall 2011 OSHA Rule Phase-In: On June 9,, 2011, federal OSHA announced a three month phase-in period to allow residential construction companies additional time to come into compliance with the Agency’s new directive Compliance Guidance for Residential Construction STD 03-11-002). See OSHA Administrator's letter to NAHB explaining the June 15 to Sept 15 phase-in policy.
See NAHB and OSHA Alliance, which focuses on providing the association's members and others in the residential construction industry, including non-English and limited English speaking employees and trade contractors, with information, guidance, and access to training resources that will help them protect employees' health and safety.
Cranes, derricks and hoisting equipment: See OSHA regulations related to cranes and derricks in construction; and cranes and derricks - operator qualifications and certification. In CT, crane and hoisting equipment operators must obtain a license from the Dept. of Public Safety - applicable to crane and hoisting equipment defined in statute at sec. 29-221: defintion good through Jan. 1, 2011 (note legislation in the 2011 session proposes to signficantly reduce the size of equipment requiring an operator's license and eliminate the residential and dollar value exemptions - see examples of smaller equipment currently exempt from such hoisting equipment operator's license but that would require an operator's license under the 2011 legislation): "Sec. 29-221. ... (3) "crane" means (A) a tower crane used in construction, demolition or excavation work, (B) a hydraulic crane, (C) a power-operated derrick or (D) a mobile crane which is a mobile, carrier-mounted, power-operated hoisting machine utilizing a power-operated boom which moves laterally by rotation of the machine on the carrier and which has a manufacturers' maximum rated capacity exceeding five tons; (4) "hoisting equipment" means motorized equipment (A) used in construction, demolition or excavation work, (B) at a construction site for a project, other than a project involving residential structures of less than four stories, the estimated cost of which is more than one million two hundred fifty thousand dollars, and (C) which has a manufacturer's rated lifting capacity exceeding five tons and a manufacturer's rated maximum reach in excess of thirty-two feet; ..."
Real Estate & Other Licensing
(See also Home Builder and Home Improvement Contractor Registration)
Real Estate Property Condition Disclosure Form - Amendment considerd by Legislature's Regulations Review Committee on 12-20-11.
HBRACT Seeks a Limited Exemption from Real Estate Licensing for a Builder's Employees - See HBACT's Testimony on RB 6449 (2009) in the state legislature's Insurance & Real Estate Committee on 2-19-09, and our proposed alternative language .
Real Estate Licensing Warning to Builders (2002) - Answers the question: Who can sell a builder's homes without a real estate license?
Go to Dept. of Consumer Protection's web page for a number of other licensed professions and trades (including architects, engineers, home inspectors, real estate appraisers, well drillers and more).
2009 changes to the Common Interest Ownership Act affecting both developers of condos and other COIA communities, and their associations. See our members only page on the new law ("During the previous regular session, the Connecticut General Assembly made the most significant amendments to the Connecticut Common Interest Ownership Act or 'CIOA' since the statute became effective in 1984. The amendments are in Public Act 09-....")
Note from State Traffic Commission - May 17, 2012:
"As many of you are aware, the Administrative Decision (AD) process was first introduced in January 2011, but was limited, due to statutory certification requirements, to expansions/land use changes regarding either existing certified major traffic generators (MTGs) or those predating certification. Legislation passed in July 2011 has allowed the State Traffic Commission (STC) Administrative Office to expand its AD process to encompass all new MTGs/expansions/land use changes that do not trigger mitigation or safety measures on a state highway. Accordingly, many new MTGs/expansions/land use changes that have access to or abut or adjoin a state highway prior to July 2011 would have automatically triggered STC certification by virtue of their location, may now qualify for an AD. More information regarding the expanded AD process is available on the STC's Web page via the following link: http://www.ct.gov/dot/cwp/view.asp?a=2314&q=449866.
In an effort to standardize the information submitted to the STC Administrative Office for an AD request review, a request form/information checklist has been developed and is available on STC’s Web page via the following link: http://www.ct.gov/dot/lib/dot/documents/dstc/ad-checklist.pdf.
All future AD requests submitted to this office must include the completed form and appropriate information per the checklist.
If you have any questions regarding the expanded AD process, please feel free to contact my office.
David A. Sawicki
State Traffic Commission
2800 Berlin Turnpike
Newington, CT 06131
An HBRA of CT priority bill in 2011, HB 6540, significantly reformed State Traffic Commission certificate of operation permits, particularly for residential developments (Public Act 11-256, sections 14 and 15).
A Desire Named Streetcar: How Federal Subsidies Encourage Wasteful Local Transit Systems , by Randall O'Toole, The Thoreau Institute
Vanishing Automobile Update #64 - Judging Portland by Intentions, Not Results - by Randal O'Toole, The Thoreau Institute
Vanishing Automobile Update #59 - Lies My Transit Lobbiest Told Me - by Randal O'Toole, The Thoreau Institute
Recent Connecticut Superior Court Case Further Limits the Enforceability of Progressive Mechanics' Lien Waivers - from Robinson & Cole (June 2012)