HF 4243

as introduced - 91st Legislature (2019 - 2020) Posted on 03/09/2020 01:28pm

A bill for an act
relating to employment; modifying the provision for wage payments at certain
times; amending Minnesota Statutes 2019 Supplement, section 181.101.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 181.101, is amended to read:

181.101 WAGES; HOW OFTEN PAID.

(a) Except as provided in deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and (c) new text end , every employer must pay
all wages, including salary, earnings, and gratuities earned by an employee at least once
every 31 days and all commissions earned by an employee at least once every three months,
on a regular payday designated in advance by the employer regardless of whether the
employee requests payment at longer intervals. Unless paid earlier, the wages earned during
the first half of the first 31-day pay period become due on the first regular payday following
the first day of work. If wages or commissions earned are not paid, the commissioner of
labor and industry or the commissioner's representative may serve a demand for payment
on behalf of an employee. In addition to other remedies under section 177.27, if payment
of wages is not made within ten days of service of the demand, the commissioner may
charge and collect the wages earned at the employee's rate or rates of pay or at the rate or
rates required by law, including any applicable statute, regulation, rule, ordinance,
government resolution or policy, contract, or other legal authority, whichever rate of pay
is greater, and a penalty in the amount of the employee's average daily earnings at the same
rate or rates for each day beyond the ten-day limit following the demand. If payment of
commissions is not made within ten days of service of the demand, the commissioner may
charge and collect the commissions earned and a penalty equal to 1/15 of the commissions
earned but unpaid for each day beyond the ten-day limit. Money collected by the
commissioner must be paid to the employee concerned. This section does not prevent an
employee from prosecuting a claim for wages. This section does not prevent a school district,
other public school entity, or other school, as defined under section 120A.22, from paying
any wages earned by its employees during a school year on regular paydays in the manner
provided by an applicable contract or collective bargaining agreement, or a personnel policy
adopted by the governing board. For purposes of this section, "employee" includes a person
who performs agricultural labor as defined in section 181.85, subdivision 2. For purposes
of this section, wages are earned on the day an employee works. This section provides a
substantive right for employees to the payment of wages, including salary, earnings, and
gratuities, as well as commissions, in addition to the right to be paid at certain times.

(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision
10, a member of an organized first responder squad that is formally recognized by a political
subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages
earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant
at least once every 31 days, unless the employer and the employee mutually agree upon
payment at longer intervals.

new text begin (c) If an employer's regular designated payday falls on a Saturday, Sunday, or a holiday,
as defined in section 645.44, subdivision 5, an employer may pay all wages due on the
following business day.
new text end