HF 432

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to employment; modifying the payment of benefits at layoff or
termination; modifying criminal penalties; amending Minnesota Statutes 2008,
section 181.74, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 181.74, subdivision 1, is amended to read:

Subdivision 1.

Gross misdemeanor.

Any employer required under the provisions of
an agreement new text begin , either written or verbal, new text end to which the employer is a party to pay or provide
benefits or wage supplements to employees or to a third party or fund for the benefit of
employees, and who refuses to pay the amount or amounts necessary to provide such
benefits or furnish such supplements within 30 days new text begin after an employee is terminated or
laid off, or new text end after such payments are required to be made under law or under agreement,
is guilty of a gross misdemeanor. If such employer is a corporation, any officer who
intentionally violates the provisions of this section shall be guilty of a gross misdemeanor.
The institution of bankruptcy proceedings according to law shall be a defense to any
criminal action under this section.