HF 5276

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:52pm

A bill for an act
relating to employment; modifying the definition of employee for purposes of
earned sick and safe time; amending Minnesota Statutes 2023 Supplement, section
181.9445, subdivision 5.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 181.9445, subdivision 5, is
amended to read:

Subd. 5.

Employee.

"Employee" means any person who is employed by an employer,
including temporary and part-time employees, who performs work for at least 80 hours in
a year for that employer in Minnesota. Employee does not include:

(1) an independent contractor; or

(2) an individual employed by an air carrier as a flight deck or cabin crew member who:

(i) is subject to United States Code, title 45, sections 181 to 188;

(ii) works less than a majority of their hours in Minnesota in a calendar year; and

(iii) is provided with paid leave equal to or exceeding the amounts in section 181.9446;
or

(3) an individual employed by a farmer, family farm, or a family farm corporation to
provide physical labor on or management of a farm if:

(i) the farmer, family farm, or family farm corporation employs five or fewer employees;
or

(ii) the farmer, family farm, or family farm corporation employs the individual to perform
work for 14 days or less each year.