HF 1495

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; providing for payment of 
  1.3             commissions; prohibiting employers from charging 
  1.4             certain fees to applicants or employees; amending 
  1.5             Minnesota Statutes 1998, section 181.03; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 181. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 181.03, is 
  1.9   amended to read: 
  1.10     181.03 [CERTAIN ACTS RELATING TO PAYMENT OF WAGES 
  1.11  UNLAWFUL.] 
  1.12     Subdivision 1.  [PROHIBITED PRACTICES.] An employer may 
  1.13  not, directly or indirectly and with intent to defraud: 
  1.14     (1) cause any employee to give a receipt for wages for a 
  1.15  greater amount than that actually paid to the employee for 
  1.16  services rendered; 
  1.17     (2) directly or indirectly demand or receive from any 
  1.18  employee any rebate or refund from the wages owed the employee 
  1.19  under contract of employment with the employer; or 
  1.20     (3) in any manner make or attempt to make it appear that 
  1.21  the wages paid to any employee were greater than the amount 
  1.22  actually paid to the employee.  
  1.23     Subd. 2.  [COMMISSIONS.] Payment of commissions earned to 
  1.24  an employee or commission salesperson as defined in section 
  1.25  181.145, upon resignation or termination of the employee or 
  1.26  salesperson shall be made in the same manner as payment of 
  2.1   commissions earned prior to the resignation or termination.  An 
  2.2   employer or a person, firm, corporation, or association 
  2.3   employing a commission salesperson may not alter the method of 
  2.4   payment, timing of payment, or procedures for payment of 
  2.5   commissions after the employee or salesperson has resigned or 
  2.6   been terminated. 
  2.7      Sec. 2.  [181.645] [EXPENSES FOR BACKGROUND CHECKS AND 
  2.8   TRAINING.] 
  2.9      An employer, as defined in section 181.931, or a 
  2.10  prospective employer may not require an employee or job 
  2.11  applicant to pay for expenses incurred in criminal or background 
  2.12  checks, credit checks, testing of any sort, orientation, or 
  2.13  required training except when that training is required in order 
  2.14  to obtain or maintain a license for the employee.