SF 4091

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/18/2022 11:23am

A bill for an act
relating to economic development; making policy and technical changes; requiring
reports; appropriating money; amending Minnesota Statutes 2020, sections
116J.035, by adding a subdivision; 116J.55, subdivision 6; 116J.552, subdivision
6; 116J.8747, subdivisions 2, 3, 4; 116J.993, subdivision 3; 116L.04, subdivision
1a; 116L.17, subdivision 1; 116L.98, subdivisions 2, 3; 181.032; 181.101; 268.18,
by adding a subdivision; Laws 2021, First Special Session chapter 10, article 1,
section 5; proposing coding for new law in Minnesota Statutes, chapter 116L.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns under "Appropriations" are added to the appropriations
in Laws 2021, First Special Session chapter 10, or other law to the specified agencies. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. The figures "2022" and "2023" used in this article
mean that the appropriations listed under them are available for the fiscal year ending June
30, 2022, or June 30, 2023, respectively. Appropriations for the fiscal year ending June 30,
2022, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin DEPARTMENT OF LABOR AND INDUSTRY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 225,000 new text end

new text begin (a) $175,000 is to study the adequacy of
current benefits available to disabled or injured
police officers, firefighters, and state troopers.
The study shall consider workers'
compensation, disability, and pension benefits
and the adequacy of these benefits for
Minnesota police officers, firefighters, and
state troopers. At least one public hearing shall
be held. The Public Employees Retirement
Association shall cooperate with the
department in conducting this study. The
department shall issue a report no later than
January 15, 2023, to the chairs and ranking
minority members of the standing committees
of the house of representatives and the senate
having jurisdiction over public safety and
employment issues and to the chair of the
Legislative Commission on Pensions and
Retirement.
new text end

new text begin (b)(1) $50,000 in fiscal year 2023 is
appropriated from the workforce development
fund to the commissioner of labor and industry
for a grant to Abijah's on the Backside to
provide equine experiential mental health
therapy to first responders suffering from
job-related trauma and post-traumatic stress
disorder.
new text end

new text begin (2) For purposes of this section, a "first
responder" is a peace officer as defined in
Minnesota Statutes, section 626.84,
subdivision 1, paragraph (c); a full-time
firefighter as defined in Minnesota Statutes,
section 299N.03, subdivision 5; or a volunteer
firefighter as defined in Minnesota Statutes,
section 299N.03, subdivision 7.
new text end

new text begin (3) Abijah's on the Backside must report to
the commissioner of labor and industry and
the chairs and ranking minority members of
the house of representatives and senate
committees overseeing labor and industry
policy and finance on the equine experiential
mental health therapy provided to first
responders under this section. The report must
include an overview of the program's budget,
a detailed explanation of program
expenditures, the number of first responders
served by the program, and a list and
explanation of the services provided to and
benefits received by program participants. An
initial report is due by January 15, 2023, and
a final report is due by January 15, 2024.
new text end

Sec. 3.

Laws 2021, First Special Session chapter 10, article 1, section 5, is amended to
read:

Sec. 5. BUREAU OF MEDIATION SERVICES

$

2,370,000

$

2,415,000

(a) $125,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041. This
is a onetime appropriation.

(b) deleted text begin $68,000 each year is for grants to area
labor management committees. Grants may
be awarded for a 12-month period beginning
July 1 each year. Any unencumbered balance
remaining at the end of the first year does not
cancel but is available for the second year.
deleted text end

deleted text begin (c) deleted text end $47,000 each year is for rulemaking,
staffing, and other costs associated with peace
officer grievance procedures.

Sec. 4. new text begin MINNESOTA INVESTMENT FUND AND MINNESOTA JOB CREATION
FUND REQUIREMENTS EXTENSIONS.
new text end

new text begin Notwithstanding any other law to the contrary, a recipient of a Minnesota Investment
Fund grant under Minnesota Statutes, section 116J.8731, or a recipient of a Minnesota Job
Creation Fund grant under Minnesota Statutes, section 116J.8748, who is unable to meet
the minimum capital investment requirements, wage, or minimum job creation goals or
requirements provided in a business subsidy agreement, as applicable, during or within the
12-month period following a peacetime emergency related to the COVID-19 pandemic shall
be granted an extension until December 31, 2023, to meet those capital investment, wage,
or job creation goals or requirements before the grant must be repaid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 15, 2020.
new text end

ARTICLE 2

DEED POLICY

Section 1.

Minnesota Statutes 2020, section 116J.035, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Competitive grants. new text end

new text begin The commissioner shall, when awarding competitive
grants to organizations for the purpose of providing job training, give priority to programs
or organizations that focus job training in high-wage, high-demand careers. For purposes
of this subdivision, "high-wage, high-demand" has the meaning given in section 116L.99.
new text end

Sec. 2.

Minnesota Statutes 2020, section 116J.55, subdivision 6, is amended to read:

Subd. 6.

Eligible expenditures.

(a) Money in the account established in subdivision 3
must be used only to:

(1) award grants to eligible communities under this section; and

(2) reimburse the department's reasonable costs to administer this section, up to a
maximum of five percent of the appropriation made to the commissioner under this section. new text begin
The commissioner may transfer part of the allowable administrative portion of this
appropriation to the Environmental Quality Board to assist communities with regulatory
coordination, and dedicated technical assistance on conversion for these communities.
new text end

(b) An eligible community awarded a grant under this section may use the grant to plan
for or address the economic and social impacts on the eligible community of the electric
generating plant's cessation of operations, including but not limited to new text begin land use studies,
economic planning, new text end researching, planning, and implementing activities new text begin and impact studies
and other planning activities enabling communities to become shovel-ready and support
the transition from power plants to other economic activities to minimize the negative
impacts of power plant closures on tax revenues and jobs new text end designed to:

(1) assist workers at the plant find new employment, including worker retraining and
developing small business start-up skills;

(2) increase the eligible community's property tax base; and

(3) develop alternative economic development strategies to attract new employers to the
eligible community.

Sec. 3.

Minnesota Statutes 2020, section 116J.552, subdivision 6, is amended to read:

Subd. 6.

Municipality.

"Municipality" means the statutory or home rule charter city,
town, new text begin federally recognized Tribe, new text end or, in the case of unorganized territory, the county in
which the site is located.

Sec. 4.

Minnesota Statutes 2020, section 116J.8747, subdivision 2, is amended to read:

Subd. 2.

Qualified job training program.

To qualify for grants under this section, a
job training program must satisfy the following requirements:

(1) the program must be operated by a nonprofit corporation that qualifies under section
501(c)(3) of the Internal Revenue Code;

(2) the program may spend up to $5,500 in total training per participant;

(3) the program must provide education and training in:

(i) basic skills, such as reading, writing, financial literacy, digital literacy, mathematics,
and communications;

(ii) long-term plans for success including participant coaching for two years after
placement;

(iii) soft skills, including skills critical to success on the job; and

(iv) access to internships, technology training, personal and emotional intelligence skill
development, and other support services;

(4) the program may provide deleted text begin income supplements not to exceed $2,000 per participant deleted text end new text begin
support services new text end , when needed, to participants for housing, counseling, tuition, and other
basic needs;

(5) individuals served by the program must be 18 years of age or older as of the date of
enrollment, and have household income in the six months immediately before entering the
program that is 200 percent or less of the federal poverty guideline for Minnesota, based
on family size; and

(6) the program must be certified by the commissioner of employment and economic
development as meeting the requirements of this subdivision.

Sec. 5.

Minnesota Statutes 2020, section 116J.8747, subdivision 3, is amended to read:

Subd. 3.

Graduation and retention grant requirements.

new text begin (a) new text end For purposes of a placement
grant under this section, a qualified graduate is a graduate of a job training program qualifying
under subdivision 2 who is placed in a job in Minnesota that pays at least the current state
minimum wage. To qualify for a retention grant under this section for a retention fee, a job
in which the graduate is retained must pay at least the current state minimum wage.

new text begin (b) Programs are limited to one placement and one retention payment for a qualified
graduate in a performance program.
new text end

Sec. 6.

Minnesota Statutes 2020, section 116J.8747, subdivision 4, is amended to read:

Subd. 4.

Duties of program.

(a) A program certified by the commissioner under
subdivision 2 must comply with the requirements of this subdivision.

(b) A program must maintain new text begin and provide upon request new text end records for each qualified
graduate. The records must include information sufficient to verify the graduate's eligibility
under this section, identify the employer, and describe the job including its compensation
rate deleted text begin and deleted text end new text begin , new text end benefits new text begin , and average hours per week new text end .

(c) A program is subject to the reporting requirements under section 116L.98.

Sec. 7.

Minnesota Statutes 2020, section 116J.993, subdivision 3, is amended to read:

Subd. 3.

Business subsidy.

"Business subsidy" or "subsidy" means a state or local
government agency grant, contribution of personal property, real property, infrastructure,
the principal amount of a loan at rates below those commercially available to the recipient,
any reduction or deferral of any tax or any fee, any guarantee of any payment under any
loan, lease, or other obligation, or any preferential use of government facilities given to a
business.

The following forms of financial assistance are not a business subsidy:

(1) a business subsidy of less than $150,000;

(2) assistance that is generally available to all businesses or to a general class of similar
businesses, such as a line of business, size, location, or similar general criteria;

(3) public improvements to buildings or lands owned by the state or local government
that serve a public purpose and do not principally benefit a single business or defined group
of businesses at the time the improvements are made;

(4) redevelopment property polluted by contaminants as defined in section 116J.552,
subdivision 3;

(5) assistance provided for the sole purpose of renovating old or decaying building stock
or bringing it up to code and assistance provided for designated historic preservation districts,
provided that the assistance is equal to or less than 50 percent of the total cost;

(6) assistance to provide job readiness and training services if the sole purpose of the
assistance is to provide those services;

(7) assistance for housing;

(8) assistance for pollution control or abatement, including assistance for a tax increment
financing hazardous substance subdistrict as defined under section 469.174, subdivision
23;

(9) assistance for energy conservation;

(10) tax reductions resulting from conformity with federal tax law;

(11) workers' compensation and unemployment insurance;

(12) benefits derived from regulation;

(13) indirect benefits derived from assistance to educational institutions;

(14) funds from bonds allocated under chapter 474A, bonds issued to refund outstanding
bonds, and bonds issued for the benefit of an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986, as amended through December 31, 1999;

(15) assistance for a collaboration between a Minnesota higher education institution and
a business;

(16) assistance for a tax increment financing soils condition district as defined under
section 469.174, subdivision 19;

(17) redevelopment when the recipient's investment in the purchase of the site and in
site preparation is 70 percent or more of the assessor's current year's estimated market value;

(18) general changes in tax increment financing law and other general tax law changes
of a principally technical nature;

(19) federal assistance until the assistance has been repaid to, and reinvested by, the
state or local government agency;

(20) funds from dock and wharf bonds issued by a seaway port authority;

(21) business loans and loan guarantees of $150,000 or less;

(22) federal loan funds provided through the United States Department of Commerce,
Economic Development Administration new text begin , Department of the Treasury new text end ; and

(23) property tax abatements granted under section 469.1813 to property that is subject
to valuation under Minnesota Rules, chapter 8100.

Sec. 8.

Minnesota Statutes 2020, section 116L.04, subdivision 1a, is amended to read:

Subd. 1a.

Pathways program.

The pathways program may provide grants-in-aid for
developing programs which assist in the transition of persons from welfare to work and
assist individuals at or below 200 percent of the federal poverty guidelines. The program
is to be operated by the board. The board shall consult and coordinate with program
administrators at the Department of Employment and Economic Development to design
and provide services for temporary assistance for needy families recipients.

Pathways grants-in-aid may be awarded to educational or other nonprofit training
institutions or to workforce development intermediaries for education and training programs
and services supporting education and training programs that serve eligible recipients.

Preference shall be given to projects that:

(1) provide employment with benefits paid to employees;

(2) provide employment where there are defined career paths for trainees;

(3) pilot the development of an educational pathway that can be used on a continuing
basis for transitioning persons from welfare to work; and

(4) demonstrate the active participation of Department of Employment and Economic
Development workforce centers, Minnesota State College and University institutions and
other educational institutions, and local welfare agencies.

Pathways projects must demonstrate the active involvement and financial commitment
of new text begin participating new text end private deleted text begin business deleted text end new text begin businesses, Tribal-owned businesses, and municipal and
county hospitals new text end . Pathways projects must be matched with cash or in-kind contributions on
at least a one-half-to-one ratio by participating private deleted text begin business deleted text end new text begin businesses, Tribal-owned
businesses, and municipal or county hospitals new text end .

A single grant to any one institution shall not exceed $400,000. A portion of a grant may
be used for preemployment training.

Sec. 9.

Minnesota Statutes 2020, section 116L.17, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Commissioner" means the commissioner of employment and economic development.

(c) "Dislocated worker" means an individual who is a resident of Minnesota at the time
employment ceased or was working in the state at the time employment ceased and:

(1) has been permanently separated or has received a notice of permanent separation
from public or private sector employment and is eligible for or has exhausted entitlement
to unemployment benefits, and is unlikely to return to the previous industry or occupation;

(2) has been long-term unemployed and has limited opportunities for employment or
reemployment in the same or a similar occupation in the area in which the individual resides,
including older individuals who may have substantial barriers to employment by reason of
age;

(3) has been terminated or has received a notice of termination of employment as a result
of a plant closing or a substantial layoff at a plant, facility, or enterprise;

(4) has been self-employed, including farmers and ranchers, and is unemployed as a
result of general economic conditions in the community in which the individual resides or
because of natural disasters;

(5) is a veteran as defined by section 197.447, has been discharged or released from
active duty under honorable conditions within the last 36 months, and (i) is unemployed or
(ii) is employed in a job verified to be below the skill level and earning capacity of the
veteran;

(6) is an individual determined by the United States Department of Labor to be covered
by trade adjustment assistance under United States Code, title 19, sections 2271 to 2331,
as amended; or

(7) is a displaced homemaker. A "displaced homemaker" is an individual who has spent
a substantial number of years in the home providing homemaking service and (i) has been
dependent upon the financial support of another; and deleted text begin now deleted text end due to divorce, separation, death,
or disability of that person, must new text begin now new text end find employment to self support; or (ii) derived the
substantial share of support from public assistance on account of dependents in the home
and no longer receives such support. To be eligible under this clause, the support must have
ceased while the worker resided in Minnesota.

For the purposes of this section, "dislocated worker" does not include an individual who
was an employee, at the time employment ceased, of a political committee, political fund,
principal campaign committee, or party unit, as those terms are used in chapter 10A, or an
organization required to file with the federal elections commission.

(d) "Eligible organization" means a state or local government unit, nonprofit organization,
community action agency, business organization or association, or labor organization.

(e) "Plant closing" means the announced or actual permanent shutdown of a single site
of employment, or one or more facilities or operating units within a single site of
employment.

(f) "Substantial layoff" means a permanent reduction in the workforce, which is not a
result of a plant closing, and which results in an employment loss at a single site of
employment during any 30-day period for at least 50 employees excluding those employees
that work less than 20 hours per week.

Sec. 10.

new text begin [116L.36] REQUIREMENTS FOR GRANTS TO NONPROFIT
ORGANIZATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin In order to ensure that grants are awarded to mission-centered
and fiscally responsible grantees, a nonprofit organization that is a recipient of a future or
past grant or direct appropriation made by or through the department must provide
information to the commissioner as specified in this section.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

new text begin (b) "Compensation" means salary, bonuses, the present value of stock options, the value
of employee benefits, employer contributions to retirement or deferred compensation plans
on behalf of the officer or employee, and any other compensation or benefit of value.
new text end

new text begin (c) "Highly compensated employee" means an employee of a nonprofit organization
with estimated annual wages that:
new text end

new text begin (1) are greater than 80 percent of the governor's annual salary; and
new text end

new text begin (2) are equal to, or greater than, 80 percent of the estimated annual wages of the second
highest paid employee of the nonprofit organization.
new text end

new text begin (d) "Nonprofit organization" means an organization described in United States Code,
title 26, section 501(c)(3), and is exempt from income tax under United States Code, title
26, section 501(a).
new text end

new text begin Subd. 3. new text end

new text begin Requirements. new text end

new text begin (a) By September 1 of each year, a nonprofit organization that
is recipient of a future or past grant or direct appropriation made by or through the department
must provide the following to the commissioner:
new text end

new text begin (1) number of and compensation for any highly compensated employees of the nonprofit
organization;
new text end

new text begin (2) administrative expenses of the nonprofit organization for the previous three years as
evidenced by the nonprofit's Internal Revenue Service Form 990;
new text end

new text begin (3) total functional expenses, including the nonprofit's program expenses, administrative
expenses, and fundraising expenses, for the previous three years; and
new text end

new text begin (4) revenue for the previous three years.
new text end

new text begin (b) A nonprofit organization that has been in operation for fewer than three years shall
submit the data required under paragraph (a), clauses (2) to (4), for the time period since
the inception of the nonprofit organization.
new text end

new text begin Subd. 4. new text end

new text begin Reporting to legislature. new text end

new text begin Beginning February 15, 2023, and each year thereafter,
the commissioner must submit a combined report containing the information provided by
the grant recipients to the chairs and ranking minority members of the legislative committees
and budget divisions with jurisdiction over economic development. The commissioner shall
also include in the report a calculation of each nonprofit's percentage of expenses and a
revenue and expenses trend comparison over the previous three years.
new text end

Sec. 11.

Minnesota Statutes 2020, section 116L.98, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.

(b) "Credential" means postsecondary degrees, diplomas, licenses, and certificates
awarded in recognition of an individual's attainment of measurable technical or occupational
skills necessary to obtain employment or advance with an occupation. This definition does
not include deleted text begin certificates awarded by workforce investment boards or deleted text end work-readiness
certificates.

(c) "Exit" means to have not received service under a workforce program for 90
consecutive calendar days. The exit date is the last date of service.

(d) "Net impact" means the use of matched control groups and regression analysis to
estimate the impacts attributable to program participation net of other factors, including
observable personal characteristics and economic conditions.

(e) "Pre-enrollment" means the period of time before an individual was enrolled in a
workforce program.

Sec. 12.

Minnesota Statutes 2020, section 116L.98, subdivision 3, is amended to read:

Subd. 3.

Uniform outcome report card; reporting by commissioner.

(a) By December
31 of each even-numbered year, the commissioner must report to the chairs and ranking
minority members of the committees of the house of representatives and the senate having
jurisdiction over economic development and workforce policy and finance the following
information separately for each of the previous two fiscal or calendar years, for each program
subject to the requirements of subdivision 1:

(1) the total number of participants enrolled;

(2) the median pre-enrollment wages based on participant wages for the second through
the fifth calendar quarters immediately preceding the quarter of enrollment excluding those
with zero income;

(3) the total number of participants with zero income in the second through fifth calendar
quarters immediately preceding the quarter of enrollment;

(4) the total number of participants enrolled in training;

(5) the total number of participants enrolled in training by occupational group;

(6) the total number of participants that exited the program and the average enrollment
duration of participants that have exited the program during the year;

(7) the total number of exited participants who completed training;

(8) the total number of exited participants who attained a credential;

(9) the total number of participants employed during three consecutive quarters
immediately following the quarter of exit, by industry;

(10) the median wages of participants employed during three consecutive quarters
immediately following the quarter of exit;

(11) the total number of participants employed during eight consecutive quarters
immediately following the quarter of exit, by industry;

(12) the median wages of participants employed during eight consecutive quarters
immediately following the quarter of exit;

(13) the total cost of the program;

(14) the total cost of the program per participant;

(15) the cost per credential received by a participant; and

(16) the administrative cost of the program.

(b) The report to the legislature must contain new text begin :
new text end

new text begin (1) new text end participant information by education level, race and ethnicity, gender, and geography,
and a comparison of exited participants who completed training and those who did not new text begin ; and
new text end

new text begin (2) a list of any grant recipients that did not satisfy all of the reporting requirements of
this section for the applicable reporting period new text end .

(c) The requirements of this section apply to programs administered directly by the
commissioner or administered by other organizations under a grant made by the department.

Sec. 13.

Minnesota Statutes 2020, section 181.032, is amended to read:

181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE
TO EMPLOYEE.

(a) At the end of each pay period, the employer shall provide each employee an earnings
statement, either in writing or by electronic means, covering that pay period. An employer
who chooses to provide an earnings statement by electronic means must provide employee
access to an employer-owned computer during an employee's regular working hours to
review and print earnings statements.

(b) The earnings statement may be in any form determined by the employer but must
include:

(1) the name of the employee;

(2) the rate or rates of pay and basis thereof, including whether the employee is paid by
hour, shift, day, week, salary, piece, commission, or other method;

(3) allowances, if any, claimed pursuant to permitted meals and lodging;

(4) the total number of hours worked by the employee unless exempt from chapter 177;

(5) the total amount of gross pay earned by the employee during that period;

(6) a list of deductions made from the employee's pay;

(7) the net amount of pay after all deductions are made;

(8) the date on which the pay period ends;

(9) the legal name of the employer and the operating name of the employer if different
from the legal name;

(10) the physical address of the employer's main office or principal place of business,
and a mailing address if different; and

(11) the telephone number of the employer.

(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form. Once
an employer has received notice from an employee that the employee would like to receive
earnings statements in written form, the employer must comply with that request on an
ongoing basis.

(d) deleted text begin At deleted text end new text begin Within seven days of new text end the start of employment, an employer shall provide each
employee a deleted text begin written deleted text end notice new text begin , either in writing or by electronic means, new text end containing the following
information:

(1) the rate or rates of pay and basis thereof, including whether the employee is paid by
the hour, shift, day, week, salary, piece, commission, or other method, and the specific
application of any additional rates new text begin , as well as any pay schedule or range of pay for an
employee who is reasonably expected to move between job duties, classifications, and pay
or benefit structures in their day-to-day duties new text end ;

(2) allowances, if any, claimed pursuant to permitted meals and lodging;

(3) paid vacation, sick time, or other paid time-off accruals and terms of use;

(4) the employee's employment status and whether the employee is exempt from minimum
wage, overtime, and other provisions of chapter 177, and on what basis;

(5) a list of deductions that may be made from the employee's pay;

(6) the number of days in the pay period, the regularly scheduled pay day, and the pay
day on which the employee will receive the first payment of wages earned;

(7) the legal name of the employer and the operating name of the employer if different
from the legal name;

(8) the physical address of the employer's main office or principal place of business, and
a mailing address if different; deleted text begin and
deleted text end

(9) the telephone number of the employer deleted text begin . deleted text end new text begin ; and
new text end

new text begin (10) a checkbox to indicate whether a hiring employer is a staffing agency and space
for a staffing agency to indicate the initial entity for which the employee will perform work.
new text end

(e) The employer must keep a copy of the notice under paragraph (d) signed by each
employee acknowledging receipt of the notice. new text begin An employee's signature on the notice
constitutes acknowledgment of receipt of the notice and does not create a contract. For the
purposes of this paragraph, "signed" means a written signature or an electronic signature
as defined in section 325L.02. new text end The notice must be provided to each employee in English.
The English version of the notice must include text provided by the commissioner that
informs employees that they may request, by indicating on the form, the notice be provided
in a particular language. If requested, the employer shall provide the notice in the language
requested by the employee. The commissioner shall make available to employers the text
to be included in the English version of the notice required by this section and assist
employers with translation of the notice in the languages requested by their employees.

(f) new text begin The notice requirement under paragraph (d) is satisfied for an employee if the
employee has received all of the information required in paragraph (d) specific to the
employee through a collective bargaining agreement, employee handbook, offer letter, or
a combination of those documents. In such an instance, the employer must retain a record
or listing of the referenced documents that satisfied the notice requirement in paragraph (d).
new text end

new text begin (g) new text end An employer must provide the employee any deleted text begin written deleted text end changes to the information
contained in the notice under paragraph (d) deleted text begin prior to the deleted text end new text begin , either in writing or by electronic
means, by the date of the employee's next earnings statement following the new text end date the changes
take effect. new text begin The notice of changes to information under this paragraph does not require a
signature by the employee acknowledging receipt. The requirements of this paragraph are
satisfied if the changes to information are contained on the employee's next earnings
statement.
new text end

new text begin (h) Notice is not required under paragraph (g) to an employee for discretionary pay. For
the purposes of this section, "discretionary pay" means compensation paid by the employer
for which the amount and timing are not disclosed in advance by the employer and are at
the employer's sole discretion.
new text end

new text begin (i) Notice is not required under paragraph (g) to an employee employed by a staffing
agency upon subsequent job placements following the initial placement by the staffing
agency.
new text end

new text begin (j) The commissioner shall issue a written warning to an employer upon the first finding
of a violation or violations of the notice requirements found in paragraphs (d) to (g). For
purposes of this paragraph, discovery by the commissioner of more than one violation of
the notice requirements under paragraphs (d) to (g) at the same employer during the same
investigation shall be considered a single violation.
new text end

Sec. 14.

Minnesota Statutes 2020, section 181.101, is amended to read:

181.101 WAGES; HOW OFTEN PAID.

(a) Except as provided in paragraph (b), every employer must pay all wages, including
salary, earnings, and gratuities earned by an employee at least once every 31 days and all
commissions earned by an employee at least once every three months, on a regular payday
designated in advance by the employer regardless of whether the employee requests payment
at longer intervals. Unless paid earlier, the wages earned during the first half of the first
31-day pay period become due on the first regular payday following the first day of work.
If wages or commissions earned are not paid, the commissioner of labor and industry or the
commissioner's representative may serve a demand for payment on behalf of an employee.
In addition to other remedies under section 177.27, if payment of wages is not made within
ten days of service of the demand, the commissioner may charge and collect the wages
earned at the employee's rate or rates of pay or at the rate or rates required by law, including
any applicable statute, regulation, rule, ordinance, government resolution or policy, contract,
or other legal authority, whichever rate of pay is greater, and a penalty in the amount of the
employee's average daily earnings at the same rate or rates new text begin , not exceeding 20 days total, new text end
for each day beyond the ten-day limit following the demand. If payment of commissions is
not made within ten days of service of the demand, the commissioner may charge and collect
the commissions earned and a penalty equal to 1/15 of the commissions earned but unpaid new text begin ,
not exceeding 20 days total, new text end for each day beyond the ten-day limit. Money collected by the
commissioner must be paid to the employee concerned. This section does not prevent an
employee from prosecuting a claim for wages. This section does not prevent a school district,
other public school entity, or other school, as defined under section 120A.22, from paying
any wages earned by its employees during a school year on regular paydays in the manner
provided by an applicable contract or collective bargaining agreement, or a personnel policy
adopted by the governing board. For purposes of this section, "employee" includes a person
who performs agricultural labor as defined in section 181.85, subdivision 2. For purposes
of this section, wages are earned on the day an employee works. This section provides a
substantive right for employees to the payment of wages, including salary, earnings, and
gratuities, as well as commissions, in addition to the right to be paid at certain times.

(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision
10, a member of an organized first responder squad that is formally recognized by a political
subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages
earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant
at least once every 31 days, unless the employer and the employee mutually agree upon
payment at longer intervals.

Sec. 15.

Minnesota Statutes 2020, section 268.18, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Overpayments; report to legislature. new text end

new text begin Beginning January 15, 2023, and each
January 15 thereafter, the commissioner must report to the chairs and ranking minority
members of the committees of the house of representatives and the senate having jurisdiction
over unemployment insurance for the previous calendar year, to the extent that the following
information is not classified as not public under chapter 13 or 268:
new text end

new text begin (1) the number and total dollar amount of overpayments made by the department,
regardless of whether the improper recipient of the overpayment was identified by the
department;
new text end

new text begin (2) the number and total dollar amount of overpayments as a percentage of total claims
paid over the same period;
new text end

new text begin (3) for each overpayment, the dollar amount of the overpayment and information as to
whether the overpayment was made due to:
new text end

new text begin (i) misrepresentation by a legitimate applicant;
new text end

new text begin (ii) fraud attempt through identity theft; or
new text end

new text begin (iii) other fraud attempt by an unidentified imposter or hijacker;
new text end

new text begin (4) information regarding the number of suspected fraud attempts by imposters or
hijackers that the department identified and stopped prior to issuing an overpayment; and
new text end

new text begin (5) the number of times the department referred fraud cases to law enforcement.
new text end

Sec. 16. new text begin PAY FOR PERFORMANCE.
new text end

new text begin Of the amounts appropriated in law from the workforce development fund for grants to
pass-through entities, 25 percent in fiscal year 2024 and 50 percent in fiscal year 2025 are
for performance grants under Minnesota Statutes, section 116J.8747.
new text end