HF 611

1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:37pm

A bill for an act
relating to labor; protecting certain communication in the workplace between
labor organizations and employees; prohibiting certain employer conduct;
providing civil remedies; proposing coding for new law in Minnesota Statutes,
chapter 181.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [181.985] WORKPLACE COMMUNICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them in this subdivision.
new text end

new text begin (b) "Employer" means any person, business entity, or nonprofit organization, having
one or more employees in Minnesota, and includes the state and any political subdivisions
of the state.
new text end

new text begin (c) "Employee" means a person who performs services for hire in Minnesota for an
employer, but does not include independent contractors.
new text end

new text begin (d) "Communication" means any printed or electronic document, letter, brochure,
flyer, advertisement, e-mail, text message, or similar means.
new text end

new text begin (e) "Employee organization" or "labor organization" have the same meanings given
them in sections 179.01, subdivision 6, and 179A.03, subdivision 6.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited practice. new text end

new text begin An employer may not refuse to hire a job applicant
or discipline or discharge an employee because the applicant or employee has received
or responded to a communication from an employee organization or labor organization.
Nor shall an employer prohibit an employee from receiving communications from an
employee organization at their work location, work mailbox, in an employee break room
or meal area, or on their work computer if conducted in accordance with reasonable,
written policies and rules established by the employer and the collective bargaining agent
and posted throughout the workplace concerning review of these types of communications
during break times and nonworking time.
new text end

new text begin Subd. 3. new text end

new text begin Remedy. new text end

new text begin The remedy for a violation of this section is either through any
applicable grievance procedure if there is a collective bargaining agreement between the
employer and the employee organization involved or through a civil action for damages.
Damages are limited to wages and benefits lost by the individual because of the violation,
the costs of the organization in producing the communication, or $1,000, whichever is
greater. A court shall award any prevailing employee or employee organization in the
action court costs and reasonable attorney fees.
new text end