SF 3125

Introduction - 82nd Legislature (2001 - 2002)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to the minimum wage; defining "companionship 
  1.3             services"; modifying the definition of "hours" for 
  1.4             companionship services; amending Minnesota Statutes 
  1.5             2000, section 177.23, subdivision 11; proposing coding 
  1.6             for new law in Minnesota Statutes, chapter 177. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 177.23, 
  1.9   subdivision 11, is amended to read: 
  1.10     Subd. 11.  [COMPANIONSHIP SERVICES; HOURS.] With respect to 
  1.11  an individual who is:  (1) employed to provide companionship 
  1.12  services to individuals "Companionship services" means the 
  1.13  provision of fellowship, care, and protection for a person who, 
  1.14  because of advanced age or infirmity, are unable to cannot care 
  1.15  for their his or her own needs; (2).  employed to stay 
  1.16  overnight in the home of such an aged or infirm individual; and 
  1.17  (3) paid the minimum wage or more for at least four hours 
  1.18  associated with the overnight stay, the term "hours" for the 
  1.19  purposes of requiring the payment of minimum wages and overtime 
  1.20  premiums under sections 177.24 and 177.25, shall not include 
  1.21  nighttime hours, from 10:00 p.m. to 9:00 a.m., up to a total of 
  1.22  eight hours per night, during which the employee is available to 
  1.23  perform duties for the aged or infirm individual, but is not in 
  1.24  fact performing such duties and is free to sleep and otherwise 
  1.25  engage in normal private pursuits in the aged or infirm 
  1.26  individual's home.  For the purposes of this subdivision, the 
  2.1   term "companionship services" is defined in Code of Federal 
  2.2   Regulations, title 29, sections 552.6 and 552.106 as of March 1, 
  2.3   1984.  Companionship services may also include general household 
  2.4   work related to the care of the person such as meal preparation, 
  2.5   bed making, washing of clothes, and other similar services.  
  2.6   Companionship services may include general household work 
  2.7   provided that the work does not exceed 20 percent of the total 
  2.8   weekly hours worked.  Companionship services do not include 
  2.9   services relating to the care and protection of the aged or 
  2.10  infirm individual that require and are performed by trained 
  2.11  personnel, such as a registered nurse. 
  2.12     Sec. 2.  [177.252] [COMPANIONSHIP SERVICES HOURS.] 
  2.13     This section applies to an individual who is employed to 
  2.14  stay overnight in the home of an aged or infirm person to 
  2.15  provide companionship services as defined under section 177.23, 
  2.16  subdivision 11.  The term "hours" for purposes of requiring the 
  2.17  payment of minimum wages and overtime premiums under sections 
  2.18  177.24 and 177.25, does not include nighttime hours, from 10:00 
  2.19  p.m. to 9:00 a.m., up to a total of eight hours per night, 
  2.20  during which the individual is available to perform duties for 
  2.21  the aged or infirm individual, but is not in fact performing 
  2.22  such duties and is free to sleep and otherwise engage in normal 
  2.23  private pursuits in the aged or infirm individual's home.  
  2.24  However, the individual must be paid at least minimum wage for 
  2.25  at least four hours associated with the overnight stay. 
  2.26     Sec. 3.  [REVISOR'S INSTRUCTION.] 
  2.27     In the next edition of Minnesota Rules, the revisor of 
  2.28  statutes shall change the cross-reference from Minnesota 
  2.29  Statutes, section 177.23, subdivision 11, to section 177.252, in 
  2.30  Minnesota Rules, part 5200.0121, subpart 1.