HF 1104

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 04:38pm

A bill for an act
relating to labor and industry; modifying employer retaliation provisions; modifying
pregnancy accommodations; amending Minnesota Statutes 2022, sections 181.03,
subdivision 6; 181.172; 181.932, subdivision 1; 181.939; 181.940, subdivisions
2, 3; 181.941, subdivision 3; 181.9413; 181.942; 181.9436; 181.945, subdivision
3; 181.9456, subdivision 3; 181.956, subdivision 5; 181.964.

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

Section 1.

Minnesota Statutes 2022, section 181.03, subdivision 6, is amended to read:

Subd. 6.

Retaliation.

An employer deleted text begin must deleted text end new text begin shall new text end not new text begin discharge, discipline, penalize, interfere
with, threaten, restrain, coerce, or otherwise new text end retaliate new text begin or discriminate new text end against an employee
for asserting rights or remedies under this section, sections 177.21 to 177.44, 181.01 to
181.723, or 181.79, including, but not limited to, filing a complaint with the department or
telling the employer of the employee's intention to file a complaint. In addition to any other
remedies provided by law, an employer who violates this subdivision is liable for a civil
penalty of not less than $700 nor more than $3,000 per violation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 181.172, is amended to read:

181.172 WAGE DISCLOSURE PROTECTION.

(a) An employer shall not:

(1) require nondisclosure by an employee of his or her wages as a condition of
employment;

(2) require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee's wages; or

(3) take any adverse employment action against an employee for disclosing the employee's
own wages or discussing another employee's wages which have been disclosed voluntarily.

(b) Nothing in this section shall be construed to:

(1) create an obligation on any employer or employee to disclose wages;

(2) permit an employee, without the written consent of the employer, to disclose
proprietary information, trade secret information, or information that is otherwise subject
to a legal privilege or protected by law;

(3) diminish any existing rights under the National Labor Relations Act under United
States Code, title 29; or

(4) permit the employee to disclose wage information of other employees to a competitor
of their employer.

(c) An employer that provides an employee handbook to its employees must include in
the handbook notice of employee rights and remedies under this section.

(d) An employer deleted text begin may deleted text end new text begin shall new text end not new text begin discharge, discipline, penalize, interfere with, threaten,
restrain, coerce, or otherwise new text end retaliate new text begin or discriminate new text end against an employee for asserting
rights or remedies under this section.

(e) An employee may bring a civil action against an employer for a violation of paragraph
(a) or (d). If a court finds that an employer has violated paragraph (a) or (d), the court may
order reinstatement, back pay, restoration of lost service credit, if appropriate, and the
expungement of any related adverse records of an employee who was the subject of the
violation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 181.932, subdivision 1, is amended to read:

Subdivision 1.

Prohibited action.

An employer shall not discharge, discipline, new text begin penalize,
interfere with, new text end threaten, new text begin restrain, coerce, or new text end otherwise new text begin retaliate or new text end discriminate against deleted text begin , or
penalize deleted text end an employee regarding the employee's compensation, terms, conditions, location,
or privileges of employment because:

(1) the employee, or a person acting on behalf of an employee, in good faith, reports a
violation, suspected violation, or planned violation of any federal or state law or common
law or rule adopted pursuant to law to an employer or to any governmental body or law
enforcement official;

(2) the employee is requested by a public body or office to participate in an investigation,
hearing, inquiry;

(3) the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or rule or regulation
adopted pursuant to law, and the employee informs the employer that the order is being
refused for that reason;

(4) the employee, in good faith, reports a situation in which the quality of health care
services provided by a health care facility, organization, or health care provider violates a
standard established by federal or state law or a professionally recognized national clinical
or ethical standard and potentially places the public at risk of harm;

(5) a public employee communicates the findings of a scientific or technical study that
the employee, in good faith, believes to be truthful and accurate, including reports to a
governmental body or law enforcement official; or

(6) an employee in the classified service of state government communicates information
that the employee, in good faith, believes to be truthful and accurate, and that relates to state
services, including the financing of state services, to:

(i) a legislator or the legislative auditor; or

(ii) a constitutional officer.

The disclosures protected pursuant to this section do not authorize the disclosure of data
otherwise protected by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 181.939, is amended to read:

181.939 NURSING MOTHERS, LACTATING EMPLOYEES, AND PREGNANCY
ACCOMMODATIONS.

Subdivision 1.

Nursing mothers new text begin and lactating employees new text end .

(a) An employer must
provide reasonable break times each day to an employee who needs to express deleted text begin breast deleted text end milk
deleted text begin for her infant child during the twelve months following the birth of the child deleted text end . The break
times deleted text begin must, if possible, deleted text end new text begin may new text end run concurrently with any break times already provided to the
employee. deleted text begin An employer is not required to provide break times under this section if to do so
would unduly disrupt the operations of the employer. deleted text end An employer shall not reduce an
employee's compensation for time used for the purpose of expressing milk.

(b) The employer must make reasonable efforts to provide a new text begin clean, private, and secure new text end
room or other location, in close proximity to the work area, other than a bathroom or a toilet
stall, that is shielded from view and free from intrusion from coworkers and the public and
that includes access to an electrical outlet, where the employee can express milk in privacy.
The employer would be held harmless if reasonable effort has been made.

(c) For the purposes of this subdivision, "employer" means a person or entity that employs
one or more employees and includes the state and its political subdivisions.

(d) An employer shall not new text begin discharge, discipline, penalize, interfere with, threaten, restrain,
coerce, or otherwise new text end retaliate new text begin or discriminate new text end against an employee for asserting rights or
remedies under this subdivision.

Subd. 2.

Pregnancy accommodations.

(a) An employer must provide reasonable
accommodations to an employee for health conditions related to pregnancy or childbirth
upon request, with the advice of a licensed health care provider or certified doula, unless
the employer demonstrates that the accommodation would impose an undue hardship on
the operation of the employer's business. A pregnant employee shall not be required to
obtain the advice of a licensed health care provider or certified doula, nor may an employer
claim undue hardship for the following accommodations: (1) more frequent new text begin or longer new text end
restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The
employee and employer shall engage in an interactive process with respect to an employee's
request for a reasonable accommodation. Reasonable accommodation may include but is
not limited to temporary transfer to a less strenuous or hazardous position, new text begin temporary leave
of absence, modification in work schedule or job assignments, new text end seating, new text begin more new text end frequent
deleted text begin restroom breaks deleted text end new text begin or longer break periods new text end , and limits to heavy lifting. Notwithstanding any
other provision of this subdivision, an employer shall not be required to create a new or
additional position in order to accommodate an employee pursuant to this subdivision and
shall not be required to discharge an employee, transfer another employee with greater
seniority, or promote an employee.

(b) Nothing in this subdivision shall be construed to affect any other provision of law
relating to sex discrimination or pregnancy or in any way diminish the coverage of pregnancy,
childbirth, or health conditions related to pregnancy or childbirth under any other provisions
of any other law.

(c) An employer shall not require an employee to take a leave or accept an
accommodation.

(d) An employer shall not new text begin discharge, discipline, penalize, interfere with, threaten, restrain,
coerce, or otherwise new text end retaliate new text begin or discriminate new text end against an employee for asserting rights or
remedies under this subdivision.

(e) For the purposes of this subdivision, "employer" means a person or entity that employs
deleted text begin fifteen deleted text end new text begin one new text end or more employees and includes the state and its political subdivisions.

new text begin Subd. 3. new text end

new text begin Notice to employees. new text end

new text begin An employer shall inform employees of their rights under
this section at the time of hire and when an employee makes an inquiry about or requests
parental leave. Information must be provided in English and the primary language of the
employee as identified by the employee. An employer that provides an employee handbook
to its employees must include in the handbook notice of employee rights and remedies under
this section. The commissioner shall make available to employers the text to be included
in the notice required by this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, section 181.940, subdivision 2, is amended to read:

Subd. 2.

Employee.

"Employee" means a person who performs services for hire for an
employer from whom a leave is requested under sections 181.940 to 181.944 for new text begin at least 90
calendar days preceding the request new text end deleted text begin : deleted text end new text begin .
new text end

deleted text begin (1) at least 12 months preceding the request; and
deleted text end

deleted text begin (2) for an average number of hours per week equal to one-half the full-time equivalent
position in the employee's job classification as defined by the employer's personnel policies
or practices or pursuant to the provisions of a collective bargaining agreement, during the
12-month period immediately preceding the leave.
deleted text end

Employee includes all individuals employed deleted text begin at any site owned or operated deleted text end by the
employer but does not include an independent contractor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2022, section 181.940, subdivision 3, is amended to read:

Subd. 3.

Employer.

"Employer" means a person or entity that employs deleted text begin 21 deleted text end new text begin one new text end or more
employees deleted text begin at at least one site, except that, for purposes of the school leave allowed under
section 181.9412, employer means a person or entity that employs one or more employees
in Minnesota. The term deleted text end new text begin and new text end includes an individual, corporation, partnership, association, new text begin
business, trust, new text end nonprofit organization, group of persons, state, county, town, city, school
district, or other governmental subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 7.

Minnesota Statutes 2022, section 181.941, subdivision 3, is amended to read:

Subd. 3.

No employer retribution.

An employer shall not new text begin discharge, discipline, penalize,
interfere with, threaten, restrain, coerce, or otherwise new text end retaliate new text begin or discriminate new text end against an
employee for requesting or obtaining a leave of absence as provided by this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2022, section 181.9413, is amended to read:

181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.

(a) An employee may use personal sick leave benefits provided by the employer for
absences due to an illness of or injury to the employee's child, as defined in section 181.940,
subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild,
grandparent, or stepparent, for reasonable periods of time as the employee's attendance may
be necessary, on the same terms upon which the employee is able to use sick leave benefits
for the employee's own illness or injury. This section applies only to personal sick leave
benefits payable to the employee from the employer's general assets.

(b) An employee may use sick leave as allowed under this section for safety leave,
whether or not the employee's employer allows use of sick leave for that purpose for such
reasonable periods of time as may be necessary. Safety leave may be used for assistance to
the employee or assistance to the relatives described in paragraph (a). For the purpose of
this section, "safety leave" is leave for the purpose of providing or receiving assistance
because of sexual assault, domestic abuse, or harassment or stalking. For the purpose of
this paragraph:

(1) "domestic abuse" has the meaning given in section 518B.01;

(2) "sexual assault" means an act that constitutes a violation under sections 609.342 to
609.3453 or 609.352; and

(3) "harass" and "stalking" have the meanings given in section 609.749.

(c) An employer may limit the use of safety leave as described in paragraph (b) or
personal sick leave benefits provided by the employer for absences due to an illness of or
injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law,
grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period.
This paragraph does not apply to absences due to the illness or injury of a child, as defined
in section 181.940, subdivision 4.

(d) For purposes of this section, "personal sick leave benefits" means time accrued and
available to an employee to be used as a result of absence from work due to personal illness
or injury, but does not include short-term or long-term disability or other salary continuation
benefits.

(e) For the purpose of this section, "child" includes a stepchild and a biological, adopted,
and foster child.

(f) For the purpose of this section, "grandchild" includes a step-grandchild, and a
biological, adopted, and foster grandchild.

(g) This section does not prevent an employer from providing greater sick leave benefits
than are provided for under this section.

(h) An employer shall not new text begin discharge, discipline, penalize, interfere with, threaten, restrain,
coerce, or otherwise new text end retaliate new text begin or discriminate new text end against an employee for requesting or obtaining
a leave of absence under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 9.

Minnesota Statutes 2022, section 181.942, is amended to read:

181.942 REINSTATEMENT AFTER LEAVE.

Subdivision 1.

Comparable position.

(a) An employee returning from a leave of absence
under section new text begin 181.939 or new text end 181.941 is entitled to return to employment in the employee's
former position or in a position of comparable duties, number of hours, and pay. An employee
returning from a leave of absence longer than one month must notify a supervisor at least
two weeks prior to return from leave. An employee returning from a leave under section
181.9412 or 181.9413 is entitled to return to employment in the employee's former position.

(b) If, during a leave under sections deleted text begin 181.940 deleted text end new text begin 181.939 new text end to 181.944, the employer
experiences a layoff and the employee would have lost a position had the employee not
been on leave, pursuant to the good faith operation of a bona fide layoff and recall system,
including a system under a collective bargaining agreement, the employee is not entitled to
reinstatement in the former or comparable position. In such circumstances, the employee
retains all rights under the layoff and recall system, including a system under a collective
bargaining agreement, as if the employee had not taken the leave.

Subd. 2.

Pay; benefits; on return.

An employee returning from a leave of absence
under sections deleted text begin 181.940 deleted text end new text begin 181.939 new text end to 181.944 is entitled to return to employment at the same
rate of pay the employee had been receiving when the leave commenced, plus any automatic
adjustments in the employee's pay scale that occurred during leave period. The employee
returning from a leave is entitled to retain all accrued preleave benefits of employment and
seniority, as if there had been no interruption in service; provided that nothing in sections
deleted text begin 181.940 deleted text end new text begin 181.939 new text end to 181.944 prevents the accrual of benefits or seniority during the leave
pursuant to a collective bargaining or other agreement between the employer and employees.

Subd. 3.

Part-time return.

An employee, by agreement with the employer, may return
to work part time during the leave period without forfeiting the right to return to employment
at the end of the leave period, as provided in sections deleted text begin 181.940 deleted text end new text begin 181.939 new text end to 181.944.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 10.

Minnesota Statutes 2022, section 181.9436, is amended to read:

181.9436 POSTING OF LAW.

The Division of Labor Standards and Apprenticeship shall develop, with the assistance
of interested business and community organizations, an educational poster stating employees'
rights under sections deleted text begin 181.940 deleted text end new text begin 181.939 new text end to 181.9436. The department shall make the poster
available, upon request, to employers for posting on the employer's premises.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 11.

Minnesota Statutes 2022, section 181.945, subdivision 3, is amended to read:

Subd. 3.

No employer sanctions.

An employer shall not new text begin discharge, discipline, penalize,
interfere with, threaten, restrain, coerce, or otherwise new text end retaliate new text begin or discriminate new text end against an
employee for requesting or obtaining a leave of absence as provided by this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 12.

Minnesota Statutes 2022, section 181.9456, subdivision 3, is amended to read:

Subd. 3.

No employer sanctions.

An employer shall not new text begin discharge, discipline, penalize,
interfere with, threaten, restrain, coerce, or otherwise new text end retaliate new text begin or discriminate new text end against an
employee for requesting or obtaining a leave of absence as provided by this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 13.

Minnesota Statutes 2022, section 181.956, subdivision 5, is amended to read:

Subd. 5.

Retaliation prohibited.

An employer deleted text begin may deleted text end new text begin shall new text end not new text begin discharge, discipline,
penalize, interfere with, threaten, restrain, coerce, or otherwise new text end retaliate new text begin or discriminate new text end
against an employee for asserting rights and remedies provided in sections 181.950 to
181.954.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 14.

Minnesota Statutes 2022, section 181.964, is amended to read:

181.964 RETALIATION PROHIBITED.

An employer deleted text begin may deleted text end new text begin shall new text end not new text begin discharge, discipline, penalize, interfere with, threaten,
restrain, coerce, or otherwise new text end retaliate new text begin or discriminate new text end against an employee for asserting
rights or remedies provided in sections 181.960 to 181.965.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end