HF 4818

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/11/2024 03:50pm

A bill for an act
relating to Metropolitan Airports Commission; requiring health and welfare
benefits; imposing penalties; proposing coding for new law in Minnesota Statutes,
chapter 473.

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

Section 1.

new text begin [473.6125] HEALTH AND WELFARE BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Airport" means the Minneapolis-St. Paul International Airport, Wold-Chamberlain
Field, a public airport under the supervision, operation, direction, and control of the
Metropolitan Airports Commission, including all property owned by the Metropolitan
Airports Commission at Minneapolis-St. Paul International Airport.
new text end

new text begin (c) "Employee" has the meaning given in section 177.23, and does not include the
following persons:
new text end

new text begin (1) employees classified as extended employment program workers as defined in
Minnesota Rules, parts 3300.6000 to 3300.6070, and participating in the extended
employment program under section 268.15; and
new text end

new text begin (2) an individual operating as an independent contractor as defined in section 181.723,
subdivision 4.
new text end

new text begin (d) "Employer" means any individual, partnership, association, corporation, business
trust, or any person or group of persons acting directly or indirectly in the interest of an
individual, partnership, association, corporation, or business trust in relation to an employee
employed by the employer at the airport and does not include any of the following:
new text end

new text begin (1) the United States government;
new text end

new text begin (2) the state of Minnesota, including any office, department, agency, authority, institution,
association, society, or other body of the state, including the legislature and the judiciary;
new text end

new text begin (3) any county or local government, including the Metropolitan Airports Commission;
and
new text end

new text begin (4) providers with certificates issued by the United States Department of Labor or the
Minnesota Department of Labor and Industry for purposes of subminimum wage payments
pursuant to section 177.28 and Minnesota Rules, part 5200.0030, but only to the extent of
the workers specifically covered by the subminimum wage certificate.
new text end

new text begin (e) "Health and welfare benefits rate" means an hourly supplement of $4.98 furnished
to an employee by providing at least $4.98 per hour toward the cost of minimum essential
coverage under an eligible employer-sponsored plan as defined in Code of Federal
Regulations, title 26, section 1.5000A-2, paragraph (c), clause (1). The health and welfare
benefits rate must be adjusted annually to the rate provided pursuant to the McNamara
O'Hara Service Contract Act (SCA) requirements under United States Code, title 41, sections
6701 to 6707.
new text end

new text begin Subd. 2. new text end

new text begin Scope. new text end

new text begin Except as otherwise specified, this section applies to all employers at
the airport.
new text end

new text begin Subd. 3. new text end

new text begin Health and welfare benefits. new text end

new text begin (a) An employer shall provide an employee who
enrolls in an employer benefit plan and who is employed by the employer at the airport an
hourly supplement at the health and welfare benefits rate.
new text end

new text begin (b) The health and welfare benefits rate applies only to the first 40 hours worked by each
covered employee in each week and shall not apply to any overtime hours worked by any
covered employee.
new text end

new text begin (c) The health and welfare benefits rate applies to any paid leave taken by a covered
employee that does not exceed 40 hours in a week.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement; investigation. new text end

new text begin (a) The executive director shall enforce this
section.
new text end

new text begin (b) The executive director or the executive director's designee may initiate an investigation
pursuant to a complaint or when the executive director has reason to believe that a violation
of this section has occurred.
new text end

new text begin (c) In conducting the investigation, the executive director may enter during reasonable
office hours or upon request and inspect the place of business or employment of any employer
to examine and inspect books, registers, payrolls, and other records of the employer that
relate to wages, hours, and other conditions of employment of any employees for the purpose
of ascertaining whether the employer is and has been in compliance with the provisions of
this section.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin (a) Upon finding that an employer has violated any provision of this
section, and after issuing an order describing the nature of the violation and providing an
opportunity for hearing, the executive director may issue a penalty to the employer of not
less than $1,000 and not more than $10,000 per violation of this section.
new text end

new text begin (b) In assessing the amount of the penalty, the executive director shall consider the size
of the employer's business, the good faith of the employer, the gravity of the violation, the
history of previous violations, and the failure to comply with other requirements.
new text end

new text begin (c) Any order issued under paragraph (a) is final and is not subject to review.
new text end