HF 1860

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/18/2019 10:18pm

A bill for an act
relating to labor relations; clarifying terms related to meatpacking workers;
providing for notification in languages other than English and Spanish;
appropriating money; amending Minnesota Statutes 2018, sections 179.86,
subdivisions 1, 3; 181.635, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 179.86, subdivision 1, is amended to read:

Subdivision 1.

Definition.

For the purpose of this section, "employer" means new text begin :
new text end

new text begin (1) new text end an employer deleted text begin in the meatpacking industry. deleted text end new text begin employing more than 20 full-time equivalent
employees in one location who pack, can, or otherwise process poultry or meat for human
consumption; or
new text end

new text begin (2) an employer of any size whose employees routinely clean or sterilize meat processing
or poultry processing equipment used by an employer as defined in clause (1).
new text end

Sec. 2.

Minnesota Statutes 2018, section 179.86, subdivision 3, is amended to read:

Subd. 3.

Information provided to employee by employer.

(a) An employer must
provide an explanation deleted text begin in an employee's native language deleted text end of the employee's rights and duties
as an employee either person to person or through written materials that, at a minimum,
include:

(1) a complete description of the salary and benefits plans as they relate to the employee;

(2) a job description for the employee's position;

(3) a description of leave policies;

(4) a description of the work hours and work hours policy; and

(5) a description of the occupational hazards known to exist for the position.

(b) The explanation must also include information on the following employee rights as
protected by state or federal law and a description of where additional information about
those rights may be obtained:

(1) the right to organize and bargain collectively and refrain from organizing and
bargaining collectively;

(2) the right to a safe workplace; and

(3) the right to be free from discrimination.

new text begin (c) The explanation must be provided in a language the employee speaks fluently.
new text end

new text begin (d) An employer may require an employee to disclose the languages the employee speaks,
understands, and reads fluently. If an employer requires such disclosure, and an employee
has not provided it, an employer is not required to provide the information required under
this section in a language other than English to the employee.
new text end

Sec. 3.

Minnesota Statutes 2018, section 181.635, subdivision 2, is amended to read:

Subd. 2.

Recruiting; required disclosure.

new text begin (a) new text end An employer shall provide written
disclosure of the terms and conditions of employment to a person at the time it recruits the
person to relocate to work in the food processing industry. The disclosure requirement does
not apply to an exempt employee as defined in United States Code, title 29, section 213(a)(1).
The disclosure must be written in deleted text begin English and Spanish, deleted text end new text begin a language the employee speaks
fluently in addition to any other languages preferred by the employer. The disclosure must
be new text end dated and signed by the employer and the person recruited, and maintained by the
employer for two years. new text begin If the employer has any reason to doubt the employee's ability to
read, the employer must read the disclosure out loud to the employee in a language the
employee speaks fluently before the disclosure is signed. new text end A copy of the signed and completed
disclosure must be delivered immediately to the recruited person. The disclosure may not
be construed as an employment contract.

new text begin (b) An employer may require an employee to disclose the languages the employee speaks,
understands, and reads fluently. If an employer requires such disclosure, and an employee
has not provided it, an employer is not required to make the disclosure in the form required
under paragraph (a) with respect to the employee.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the general
fund to the commissioner of labor and industry for its responsibilities under Minnesota
Statutes, section 179.86. At least 50 percent of the money appropriated must be used to fund
grants to community-based groups for outreach, education, and technical assistance to
employees and employers.
new text end