HF 2921

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/21/2022 03:38pm

A bill for an act
relating to employment; requiring certain employers to pay an employee's regular
wages during jury service; amending Minnesota Statutes 2020, section 593.48;
proposing coding for new law in Minnesota Statutes, chapter 593.

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

Section 1.

new text begin [593.471] JUROR COMPENSATION DURING JURY SERVICE.
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 and section 593.48, the
following terms have the meaning given them.
new text end

new text begin (b) "Employee" means a full-time employee, part-time employee, or self-employed
employee.
new text end

new text begin (c) "Employer" means any person having one or more employees in Minnesota and
includes the state and any political subdivision of the state.
new text end

new text begin (d) "Full-time employee" means an employee who works in a position for 30 or more
hours per workweek. An employee that works in both a full-time position and part-time
position for one or more employers each workweek shall be considered a full-time employee.
new text end

new text begin (e) "Paid time off" means annual, vacation, or sick leave that an employee accrues while
employed by an employer.
new text end

new text begin (f) "Part-time employee" means an employee who works in a position for less than 30
hours per workweek.
new text end

new text begin (g) "Self-employed employee" means an employee who works for himself or herself
and no other employer.
new text end

new text begin (h) "Small employer" means an employer that employed an average of at least one but
not more than 50 employees on business days during the preceding calendar year.
new text end

new text begin (i) "Unemployed juror" means a juror who is not an employee and includes but is not
limited to retired persons, homemakers, students, and persons receiving unemployment
benefits.
new text end

new text begin Subd. 2. new text end

new text begin Jury service as excused absence. new text end

new text begin An employee is excused from employment
for the time period the employee serves as a juror or attends court for prospective jury
service. An employer may request reasonable verification that an employee was summoned
for jury service and either served as a juror or attended court for prospective jury service.
If an employee summoned for jury service is employed in a night shift position, the employee
shall be excused from employment for the shift immediately preceding the employee's first
day of jury service.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition to require use of paid time off. new text end

new text begin An employee must not be required
to use paid time off for time serving as a juror or attending court for prospective jury service.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin (a) An employer must pay a full-time employee the employee's
regular compensation for time spent serving as a juror or attending court for prospective
jury service. The payment must not exceed the equivalent of eight hours of regular
compensation per day of jury service.
new text end

new text begin (b) An employer must pay a part-time employee the employee's regular compensation
for time spent serving as a juror or attending court for prospective jury service. The payment
must not exceed the equivalent of the number of hours the employee was to work on each
day of jury service.
new text end

new text begin (c) An unemployed juror may apply for reimbursement under section 593.48.
new text end

new text begin Subd. 5. new text end

new text begin Waiver of compensation requirement. new text end

new text begin (a) Small employers and self-employed
employees are exempt from the requirements under subdivision 4. This paragraph does not
preclude a small employer or self-employed employee from choosing to pay an employee
or themselves in accordance with subdivision 4.
new text end

new text begin (b) An employer may apply to the jury commissioner of the county in which the employee
is serving as a juror for a waiver from subdivision 4 of this section if the employer
demonstrates financial hardship that would result from the payment of such compensation.
The judicial council shall prescribe the time, form, and manner of the application under this
subdivision.
new text end

new text begin (c) An employee of a small employer, a self-employed employee, or an employee whose
employer receives a waiver under this subdivision shall be treated as an unemployed juror
and is eligible for compensation under section 593.48. Notwithstanding section 593.48, an
employee may apply to the jury commissioner of the county in which the employee is
serving as a juror for a special compensation award in addition to the maximum unemployed
juror rate if the employee can demonstrate that financial hardship would result from payment
at the unemployed juror rate.
new text end

new text begin Subd. 6. new text end

new text begin Civil action. new text end

new text begin If an employer fails to comply with the requirements of this section
and has not received a waiver under subdivision 5, the employee may commence a civil
action against the employer within 30 days for recovery of lost wages. Damages recoverable
shall not exceed lost wages for six weeks. An employee who prevails shall be allowed a
reasonable attorney's fee fixed by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to individuals
summoned for jury service on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 593.48, is amended to read:

593.48 COMPENSATION OF deleted text begin JURORS AND TRAVEL REIMBURSEMENT deleted text end new text begin
UNEMPLOYED JUROR new text end .

deleted text begin A deleted text end new text begin An unemployed new text end juror shall be deleted text begin reimbursed for round-trip travel between the juror's
residence and the place of holding court and deleted text end compensated for required attendance at sessions
of court deleted text begin and may be reimbursed for additional day care expenses incurred as a result of jury
duty deleted text end at deleted text begin rates determined by the supreme court deleted text end new text begin a rate of $15 an hour new text end . deleted text begin A juror may request
reimbursement for additional parking expenses incurred as a result of jury duty, in which
case the reimbursement shall be paid and the juror's compensation for required attendance
at sessions of court shall be reduced by the amount of the parking reimbursement. deleted text end Except
in the Eighth Judicial District where the state shall pay directly, the compensation and
reimbursement shall be paid out of the county treasury upon receipt of authorization to pay
from the jury commissioner. These jury costs shall be reimbursed monthly by the supreme
court upon submission of an invoice by the county treasurer. A monthly report of payments
to jurors shall be sent to the jury commissioner within two weeks of the end of the month
in the form required by the jury commissioner. new text begin No payment to an unemployed juror under
this section may exceed $120 per day of jury service. A payment to an unemployed juror
under this section shall not cause the juror to lose unemployment benefits.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to individuals
summoned for jury service on or after that date.
new text end