HF 1893

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; regulating payment of wages; 
  1.3             prohibiting employers from requiring employees or job 
  1.4             applicants to pay for background checks; amending 
  1.5             Minnesota Statutes 2000, section 181.03; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 181. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 181.03, is 
  1.9   amended to read: 
  1.10     181.03 [CERTAIN ACTS RELATING TO PAYMENT OF WAGES 
  1.11  UNLAWFUL.] 
  1.12     Subdivision 1.  [PROHIBITED PRACTICES.] An employer may 
  1.13  not, directly or indirectly and with intent to defraud: 
  1.14     (1) cause any employee to give a receipt for wages for a 
  1.15  greater amount than that actually paid to the employee for 
  1.16  services rendered; 
  1.17     (2) directly or indirectly demand or receive from any 
  1.18  employee any rebate or refund from the wages owed the employee 
  1.19  under contract of employment with the employer; or 
  1.20     (3) in any manner make or attempt to make it appear that 
  1.21  the wages paid to any employee were greater than the amount 
  1.22  actually paid to the employee.  
  1.23     Subd. 2.  [COMMISSIONS.] Except as otherwise provided in 
  1.24  section 181.13, an employer or a person, firm, corporation, or 
  1.25  association may not alter the method of payment, timing of 
  1.26  payment, or procedures for payment of commissions earned through 
  2.1   the last day of employment after the employee has resigned or 
  2.2   been terminated. 
  2.3      Subd. 3.  [CIVIL ACTION.] An employer who violates this 
  2.4   section is liable in a civil action brought by the employee for 
  2.5   twice the amount in dispute. 
  2.6      Sec. 2.  [181.645] [EXPENSES FOR BACKGROUND CHECKS.] 
  2.7      Except as provided by section 123B.03 or as otherwise 
  2.8   specifically provided by law, an employer, as defined in section 
  2.9   181.931, or a prospective employer may not require an employee 
  2.10  or job applicant to pay for expenses incurred in criminal or 
  2.11  background checks, credit checks, testing of any sort, or 
  2.12  orientation.  An employer or prospective employer may not 
  2.13  require an employee or prospective employee to pay for the 
  2.14  expenses of training that is required by federal or state law or 
  2.15  is required by the employer for the employee to maintain the 
  2.16  employee's current position, unless the training is required to 
  2.17  obtain or maintain a license, registration, or certification for 
  2.18  the employee.  This section does not apply to a person who is 
  2.19  offered employment by a landlord of a residential building as 
  2.20  defined in section 504B.001, subdivisions 7 and 11.