HF 2952

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; regulating payment for 
  1.3             overtime work; amending Minnesota Statutes 2002, 
  1.4             section 177.25, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 177.25, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [COMPENSATION REQUIRED.] (a) Except for 
  1.9   employees covered under paragraph (b), no employer may employ an 
  1.10  employee for a workweek longer than 48 hours, unless the 
  1.11  employee receives compensation for employment in excess of 48 
  1.12  hours in a workweek at a rate of at least 1-1/2 times the 
  1.13  regular rate at which the employee is employed.  The state of 
  1.14  Minnesota or a political subdivision may grant time off at the 
  1.15  rate of 1-1/2 hours for each hour worked in excess of 48 hours 
  1.16  in a week in lieu of monetary compensation.  An employer does 
  1.17  not violate the overtime pay provisions of this section by 
  1.18  employing any employees for a workweek in excess of 48 hours 
  1.19  without paying the compensation for overtime employment 
  1.20  prescribed (1) if the employee is employed under an agreement 
  1.21  meeting the requirement of section 7(b)(2) of the Fair Labor 
  1.22  Standards Act of 1938, as amended, or (2) if the employee is 
  1.23  employed as a sugar beet hand laborer on a piece rate basis, 
  1.24  provided that the regular rate of pay received per hour of work 
  1.25  exceeds the applicable wage provided in section 177.24, 
  2.1   subdivision 1 by at least 40 cents. 
  2.2      (b) An employer shall pay its employees employed in an 
  2.3   enterprise engaged in commerce at a rate not less than 1-1/2 
  2.4   times the employee's regular rate for work done in excess of 40 
  2.5   hours in a work week.  For the purpose of this section, an 
  2.6   "enterprise engaged in commerce" is an enterprise whose annual 
  2.7   gross volume of sales made or business done is not less than 
  2.8   $500,000, exclusive of excise taxes at the retail level that are 
  2.9   separately stated.  This paragraph does not apply to employment 
  2.10  for which there was no obligation to pay overtime under federal 
  2.11  law and regulations as of March 1, 2004.  
  2.12     Sec. 2.  [ANALYSIS OF FEDERAL LAW CHANGES.] 
  2.13     The commissioner of labor and industry must analyze changes 
  2.14  in the obligation of employers to pay overtime to employees in 
  2.15  Minnesota due to changes in 2004 in federal regulations related 
  2.16  to the federal overtime law.  The analysis must specifically 
  2.17  identify those employments and employees who would be entitled 
  2.18  to overtime payment under federal regulations in effect on March 
  2.19  30, 2004, and who would not be entitled to overtime benefits 
  2.20  after March 31, 2004, due to the change in federal regulations.  
  2.21  The commissioner must submit with the report statutory changes 
  2.22  necessary to prevent the loss of overtime pay for those 
  2.23  employees whose eligibility for benefits under the federal law 
  2.24  are eliminated by the change in regulation.  The report must be 
  2.25  made to the committees in the legislature having jurisdiction 
  2.26  over labor issues and is due December 1, 2004.  
  2.27     Sec. 3.  [EFFECTIVE DATE.] 
  2.28     Sections 1 and 2 are effective the day following final 
  2.29  enactment.