HF 1893

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; regulating payment of wages; 
  1.3             prohibiting employers from requiring employees or job 
  1.4             applicants to pay for background checks or training; 
  1.5             amending Minnesota Statutes 2000, section 181.03; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 181. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 181.03, is 
  1.10  amended to read: 
  1.11     181.03 [CERTAIN ACTS RELATING TO PAYMENT OF WAGES 
  1.12  UNLAWFUL.] 
  1.13     Subdivision 1.  [PROHIBITED PRACTICES.] An employer may 
  1.14  not, directly or indirectly and with intent to defraud: 
  1.15     (1) cause any employee to give a receipt for wages for a 
  1.16  greater amount than that actually paid to the employee for 
  1.17  services rendered; 
  1.18     (2) directly or indirectly demand or receive from any 
  1.19  employee any rebate or refund from the wages owed the employee 
  1.20  under contract of employment with the employer; or 
  1.21     (3) in any manner make or attempt to make it appear that 
  1.22  the wages paid to any employee were greater than the amount 
  1.23  actually paid to the employee.  
  1.24     Subd. 2.  [COMMISSIONS.] Except as otherwise provided in 
  1.25  section 181.13, an employer or a person, firm, corporation, or 
  1.26  association may not alter the method of payment, timing of 
  2.1   payment, or procedures for payment of commissions earned through 
  2.2   the last day of employment after the employee has resigned or 
  2.3   been terminated. 
  2.4      Subd. 3.  [CIVIL ACTION.] An employer who violates this 
  2.5   section is liable in a civil action brought by the employee for 
  2.6   twice the amount in dispute. 
  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 
  2.14  order to obtain or maintain a license for the employee.