1.1 	A bill for an act
1.2 	relating to employment; exempting nonpublic schools from requirements for the 
1.3 	timely payment of wages;amending Minnesota Statutes 2004, section 181.101.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2004, section 181.101, is amended to read:
1.6 	181.101 WAGES; HOW OFTEN PAID.
1.7 	Every employer must pay all wages earned by an employee at least once every 31 
1.8 	days on a regular pay day designated in advance by the employer regardless of whether 
1.9 	the employee requests payment at longer intervals. Unless paid earlier, the wages earned 
1.10 	during the first half of the first 31-day pay period become due on the first regular payday 
1.11 	following the first day of work. If wages earned are not paid, the commissioner of labor 
1.12 	and industry or the commissioner's representative may demand payment on behalf of an 
1.13 	employee. If payment is not made within ten days of demand, the commissioner may 
1.14 	charge and collect the wages earned and a penalty in the amount of the employee's average 
1.15 	daily earnings at the rate agreed upon in the contract of employment, not exceeding 15 
1.16 	days in all, for each day beyond the ten-day limit following the demand. Money collected 
1.17 	by the commissioner must be paid to the employee concerned. This section does not 
1.18 	prevent an employee from prosecuting a claim for wages. This section does not prevent 
1.19 	a school district or,  other public school entity, or other school, as defined under section 
1.20 	120A.22,  from paying any wages earned by its employees during a school year on regular 
1.21 	pay days in the manner provided by an applicable contract or collective bargaining 
1.22 	agreement, or a personnel policy adopted by the governing board. For purposes of this 
1.23 	section, "employee" includes a person who performs agricultural labor as defined in 
2.1 	section  181.85, subdivision 2. For purposes of this section, wages are earned on the 
2.2 	day an employee works.