HF 2536

CCR--HF2536 - 88th Legislature (2013 - 2014)

Posted on 05/06/2014 03:56 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2536 1.2A bill for an act 1.3relating to state government; providing for the Women's Economic Security Act; 1.4requiring equal pay certificates of compliance; modifying workforce development 1.5provisions; creating women and high-wage, high-demand, nontraditional jobs 1.6grant program; modifying eligibility for unemployment insurance benefits; 1.7offering women entrepreneurs business development grants; requiring a report 1.8on a potential state-administered retirement savings plan; modifying parenting 1.9leave, sick leave, and pregnancy accommodations; providing employment 1.10protections; providing wage disclosure protection; appropriating money; 1.11amending Minnesota Statutes 2012, sections 13.552, by adding a subdivision; 1.12181.939; 181.940, subdivision 2; 181.941; 181.943; 268.095, subdivisions 1.131, 6; 363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4, by 1.14adding subdivisions; Minnesota Statutes 2013 Supplement, sections 116L.665, 1.15subdivision 2; 124D.165, subdivision 3; 181.9413; proposing coding for new law 1.16in Minnesota Statutes, chapters 116L; 181; 363A. 1.17May 5, 2014 1.18The Honorable Paul Thissen 1.19Speaker of the House of Representatives 1.20The Honorable Sandra L. Pappas 1.21President of the Senate 1.22We, the undersigned conferees for H. F. No. 2536 report that we have agreed upon 1.23the items in dispute and recommend as follows: 1.24That the Senate recede from its amendment and that H. F. No. 2536 be further 1.25amended as follows: 1.26Delete everything after the enacting clause and insert: 1.27"ARTICLE 1 1.28WOMEN'S ECONOMIC SECURITY ACT 1.29    Section 1. new text begin CITATION; WOMEN'S ECONOMIC SECURITY ACT. new text end 1.30 new text begin This act shall be known as the Women's Economic Security Act. new text end 2.1ARTICLE 2 2.2ECONOMIC SECURITY 2.3    Section 1. Minnesota Statutes 2012, section 13.552, is amended by adding a 2.4subdivision to read: 2.5     new text begin Subd. 7. new text end new text begin Equal pay certificate of compliance. new text end new text begin Access to data relating to equal pay new text end 2.6 new text begin certificates of compliance is governed by section 363A.44. new text end 2.7    Sec. 2. Minnesota Statutes 2013 Supplement, section 116L.665, subdivision 2, is 2.8amended to read: 2.9    Subd. 2. Membership. The governor's Workforce Development Council is 2.10composed of 31 members appointed by the governor. The members may be removed 2.11pursuant to section 15.059. In selecting the representatives of the council, the governor 2.12shall ensure that 50 percent of the members come from nominations provided by local 2.13workforce councils. Local education representatives shall come from nominations 2.14provided by local education to employment partnerships. The 31 members shall represent 2.15the following sectors: 2.16(a) State agencies: the following individuals shall serve on the council: 2.17(1) commissioner of the Minnesota Department of Employment and Economic 2.18Development; 2.19(2) commissioner of the Minnesota Department of Education; and 2.20(3) commissioner of the Minnesota Department of Human Services. 2.21(b) Business and industry: six individuals shall represent the business and industry 2.22sectors of Minnesota. 2.23(c) Organized labor: six individuals shall represent labor organizations of Minnesota. 2.24(d) Community-based organizations: four individuals shall represent 2.25community-based organizations of Minnesota. Community-based organizations are 2.26defined by the Workforce Investment Act as private nonprofit organizations that are 2.27representative of communities or significant segments of communities and that have 2.28demonstrated expertise and effectiveness in the field of workforce investment and may 2.29include entities that provide job training services, serve youth, serve individuals with 2.30disabilities, serve displaced homemakers, union-related organizations, employer-related 2.31nonprofit organizations, and organizations serving nonreservation Indians and tribal 2.32governments. 2.33(e) Education: six individuals shall represent the education sector of Minnesota 2.34as follows: 2.35(1) one individual shall represent local public secondary education; 3.1(2) one individual shall have expertise in design and implementation of school-based 3.2service-learning; 3.3(3) one individual shall represent leadership of the University of Minnesota; 3.4(4) one individual shall represent secondary/postsecondary vocational institutions; 3.5(5) the chancellor of the Board of Trustees of the Minnesota State Colleges and 3.6Universities; and 3.7(6) one individual shall have expertise in agricultural education. 3.8(f) Other: two individuals shall represent other constituencies including: 3.9(1) units of local government; and 3.10(2) applicable state or local programs. 3.11The speaker and the minority leader of the house of representatives shall each 3.12appoint a representative to serve as an ex officio member of the council. The majority 3.13and minority leaders of the senate shall each appoint a senator to serve as an ex officio 3.14member of the council. 3.15The governor shall appoint one individual representing public libraries new text begin , one new text end 3.16 new text begin individual with expertise in assisting women in obtaining employment in high-wage, new text end 3.17 new text begin high-demand, nontraditional occupations, new text end and one individual representing adult basic 3.18education programs to serve as a nonvoting advisor new text begin advisors new text end to the council. 3.19(g) Appointment: each member shall be appointed for a term of three years from the 3.20first day of January or July immediately following their appointment. Elected officials 3.21shall forfeit their appointment if they cease to serve in elected office. 3.22(h) Members of the council are compensated as provided in section 15.059, 3.23subdivision 3 . 3.24    Sec. 3. new text begin [116L.99] WOMEN AND HIGH-WAGE, HIGH-DEMAND, new text end 3.25 new text begin NONTRADITIONAL JOBS GRANT PROGRAM. new text end 3.26     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purpose of this section, the following terms new text end 3.27 new text begin have the meanings given. new text end 3.28 new text begin (b) "Commissioner" means the commissioner of employment and economic new text end 3.29 new text begin development. new text end 3.30 new text begin (c) ''Eligible organization'' includes, but is not limited to: new text end 3.31 new text begin (1) community-based organizations experienced in serving women; new text end 3.32 new text begin (2) employers; new text end 3.33 new text begin (3) business and trade associations; new text end 3.34 new text begin (4) labor unions and employee organizations; new text end 3.35 new text begin (5) registered apprenticeship programs; new text end 4.1 new text begin (6) secondary and postsecondary education institutions located in Minnesota; and new text end 4.2 new text begin (7) workforce and economic development agencies. new text end 4.3 new text begin (d) "High-wage, high-demand" means occupations that represent at least 0.1 percent new text end 4.4 new text begin of total employment in the base year, have an annual median salary which is higher than new text end 4.5 new text begin the average for the current year, and are projected to have more total openings as a share new text end 4.6 new text begin of employment than the average. new text end 4.7 new text begin (e) "Low-income" means income less than 200 percent of the federal poverty new text end 4.8 new text begin guideline adjusted for a family size of four. new text end 4.9 new text begin (f) "Nontraditional occupations'' means those occupations in which women make new text end 4.10 new text begin up less than 25 percent of the workforce as defined under United States Code, title 20, new text end 4.11 new text begin section 2302. new text end 4.12 new text begin (g) "Registered apprenticeship program'' means a program registered under United new text end 4.13 new text begin States Code, title 29, section 50. new text end 4.14     new text begin Subd. 2. new text end new text begin Grant program. new text end new text begin The commissioner shall establish the women and new text end 4.15 new text begin high-wage, high-demand, nontraditional jobs grant program to increase the number of new text end 4.16 new text begin women in high-wage, high-demand, nontraditional occupations. The commissioner shall new text end 4.17 new text begin make grants to eligible organizations for programs that encourage and assist women to enter new text end 4.18 new text begin high-wage, high-demand, nontraditional occupations including but not limited to those in new text end 4.19 new text begin the skilled trades, science, technology, engineering, and math (STEM) occupations. new text end 4.20     new text begin Subd. 3. new text end new text begin Use of funds. new text end new text begin (a) Grant funds awarded under this section may be used for: new text end 4.21 new text begin (1) recruitment, preparation, placement, and retention of women, including new text end 4.22 new text begin low-income women and women over 50 years old, in registered apprenticeships, new text end 4.23 new text begin postsecondary education programs, on-the-job training, and permanent employment in new text end 4.24 new text begin high-wage, high-demand, nontraditional occupations; new text end 4.25 new text begin (2) secondary or postsecondary education or other training to prepare women new text end 4.26 new text begin to succeed in high-wage, high-demand, nontraditional occupations. Activities under new text end 4.27 new text begin this clause may be conducted by the grantee or in collaboration with another institution, new text end 4.28 new text begin including but not limited to a public or private secondary or postsecondary school; new text end 4.29 new text begin (3) innovative, hands-on, best practices that stimulate interest in high-wage, new text end 4.30 new text begin high-demand, nontraditional occupations among girls, increase awareness among new text end 4.31 new text begin girls about opportunities in high-wage, high-demand, nontraditional occupations, or new text end 4.32 new text begin increase access to secondary programming leading to jobs in high-wage, high-demand, new text end 4.33 new text begin nontraditional occupations. Best practices include but are not limited to mentoring, new text end 4.34 new text begin internships, or apprenticeships for girls in high-wage, high-demand, nontraditional new text end 4.35 new text begin occupations; new text end 5.1 new text begin (4) training and other staff development for job seeker counselors and Minnesota new text end 5.2 new text begin family investment program (MFIP) caseworkers on opportunities in high-wage, new text end 5.3 new text begin high-demand, nontraditional occupations; new text end 5.4 new text begin (5) incentives for employers and sponsors of registered apprenticeship programs new text end 5.5 new text begin to retain women in high-wage, high-demand, nontraditional occupations for more than new text end 5.6 new text begin one year; new text end 5.7 new text begin (6) training and technical assistance for employers to create a safe and healthy new text end 5.8 new text begin workplace environment designed to retain and advance women, including best practices new text end 5.9 new text begin for addressing sexual harassment, and to overcome gender inequity among employers new text end 5.10 new text begin and registered apprenticeship programs; new text end 5.11 new text begin (7) public education and outreach activities to overcome stereotypes about women new text end 5.12 new text begin in high-wage, high-demand, nontraditional occupations, including the development of new text end 5.13 new text begin educational and marketing materials; and new text end 5.14 new text begin (8) support for women in high-wage, high-demand, nontraditional occupations new text end 5.15 new text begin including but not limited to assistance with workplace issues resolution and access to new text end 5.16 new text begin advocacy assistance and services. new text end 5.17 new text begin (b) Grant applications must include detailed information about how the applicant new text end 5.18 new text begin plans to: new text end 5.19 new text begin (1) increase women's participation in high-wage, high-demand occupations in which new text end 5.20 new text begin women are currently underrepresented in the workforce; new text end 5.21 new text begin (2) comply with the requirements under subdivision 3; and new text end 5.22 new text begin (3) use grant funds in conjunction with funding from other public or private sources. new text end 5.23 new text begin (c) In awarding grants under this subdivision, the commissioner shall give priority new text end 5.24 new text begin to eligible organizations: new text end 5.25 new text begin (1) with demonstrated success in recruiting and preparing women, especially new text end 5.26 new text begin low-income women and women over 50 years old, for high-wage, high-demand, new text end 5.27 new text begin nontraditional occupations; and new text end 5.28 new text begin (2) that leverage additional public and private resources. new text end 5.29 new text begin (d) At least 50 percent of total grant funds must be awarded to programs providing new text end 5.30 new text begin services and activities targeted to low-income women. new text end 5.31 new text begin (e) The commissioner of employment and economic development in conjunction new text end 5.32 new text begin with the commissioner of labor and industry shall monitor the use of funds under this new text end 5.33 new text begin section, collect and compile information on the activities of other state agencies and public new text end 5.34 new text begin or private entities that have purposes similar to those under this section, and identify other new text end 5.35 new text begin public and private funding available for these purposes. new text end 6.1    Sec. 4. Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read: 6.2    Subdivision 1. Quit. An applicant who quit employment is ineligible for all 6.3unemployment benefits according to subdivision 10 except when: 6.4    (1) the applicant quit the employment because of a good reason caused by the 6.5employer as defined in subdivision 3; 6.6    (2) the applicant quit the employment to accept other covered employment that 6.7provided substantially better terms and conditions of employment, but the applicant did 6.8not work long enough at the second employment to have sufficient subsequent earnings to 6.9satisfy the period of ineligibility that would otherwise be imposed under subdivision 10 6.10for quitting the first employment; 6.11    (3) the applicant quit the employment within 30 calendar days of beginning the 6.12employment because the employment was unsuitable for the applicant; 6.13    (4) the employment was unsuitable for the applicant and the applicant quit to enter 6.14reemployment assistance training; 6.15    (5) the employment was part time and the applicant also had full-time employment 6.16in the base period, from which full-time employment the applicant separated because of 6.17reasons for which the applicant was held not to be ineligible, and the wage credits from 6.18the full-time employment are sufficient to meet the minimum requirements to establish a 6.19benefit account under section 268.07; 6.20    (6) the applicant quit because the employer notified the applicant that the applicant 6.21was going to be laid off because of lack of work within 30 calendar days. An applicant 6.22who quit employment within 30 calendar days of a notified date of layoff because of lack 6.23of work is ineligible for unemployment benefits through the end of the week that includes 6.24the scheduled date of layoff; 6.25    (7) the applicant quit the employment (i) because the applicant's serious illness or 6.26injury made it medically necessary that the applicant quit; or (ii) in order to provide 6.27necessary care because of the illness, injury, or disability of an immediate family member 6.28of the applicant. This exception only applies if the applicant informs the employer of 6.29the medical problem and requests accommodation and no reasonable accommodation 6.30is made available. 6.31    If the applicant's serious illness is chemical dependency, this exception does not 6.32apply if the applicant was previously diagnosed as chemically dependent or had treatment 6.33for chemical dependency, and since that diagnosis or treatment has failed to make 6.34consistent efforts to control the chemical dependency. 6.35    This exception raises an issue of the applicant's being available for suitable 6.36employment under section 268.085, subdivision 1, that the commissioner must determine; 7.1    (8) the applicant's loss of child care for the applicant's minor child caused the 7.2applicant to quit the employment, provided the applicant made reasonable effort to obtain 7.3other child care and requested time off or other accommodation from the employer and no 7.4reasonable accommodation is available. 7.5    This exception raises an issue of the applicant's being available for suitable 7.6employment under section 268.085, subdivision 1, that the commissioner must determine; 7.7    (9) new text begin the applicant quit because new text end domestic abuse new text begin , sexual assault, or stalking new text end of the 7.8applicant or an immediate family member of the applicant, necessitated the applicant's 7.9quitting the employment. Domestic abuse must be shown by one or more of the following: 7.10    (i) a district court order for protection or other documentation of equitable relief 7.11issued by a court; 7.12    (ii) a police record documenting the domestic abuse; 7.13    (iii) documentation that the perpetrator of the domestic abuse has been convicted 7.14of the offense of domestic abuse; 7.15    (iv) medical documentation of domestic abuse; or 7.16    (v) written statement that the applicant or an immediate family member of the 7.17applicant is a victim of domestic abuse, provided by a social worker, member of the 7.18clergy, shelter worker, attorney at law, or other professional who has assisted the applicant 7.19in dealing with the domestic abuse. 7.20    Domestic abuse for purposes of this clause is defined under section ; or 7.21 new text begin For purposes of this subdivision: new text end 7.22 new text begin (i) "domestic abuse" has the meaning given in section new text end new text begin ; new text end 7.23 new text begin (ii) "sexual assault" means an act that would constitute a violation of sections new text end 7.24 new text begin 609.342 to 609.3453 or 609.352; and new text end 7.25 new text begin (iii) "stalking" means an act that would constitute a violation of section 609.749; or new text end 7.26(10) the applicant quit in order to relocate to accompany a spouse whose job location 7.27changed making it impractical for the applicant to commute. 7.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 5, 2014, and applies to all new text end 7.29 new text begin determinations and appeal decisions issued on or after that date. new text end 7.30    Sec. 5. Minnesota Statutes 2012, section 268.095, subdivision 6, is amended to read: 7.31    Subd. 6. Employment misconduct defined. (a) Employment misconduct means any 7.32intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly: 7.33(1) a serious violation of the standards of behavior the employer has the right to 7.34reasonably expect of the employee; or 7.35(2) a substantial lack of concern for the employment. 8.1(b) Regardless of paragraph (a), the following is not employment misconduct: 8.2(1) conduct that was a consequence of the applicant's mental illness or impairment; 8.3    (2) conduct that was a consequence of the applicant's inefficiency or inadvertence; 8.4(3) simple unsatisfactory conduct; 8.5(4) conduct an average reasonable employee would have engaged in under the 8.6circumstances; 8.7(5) conduct that was a consequence of the applicant's inability or incapacity; 8.8(6) good faith errors in judgment if judgment was required; 8.9(7) absence because of illness or injury of the applicant, with proper notice to the 8.10employer; 8.11(8) absence, with proper notice to the employer, in order to provide necessary care 8.12because of the illness, injury, or disability of an immediate family member of the applicant; 8.13    (9) conduct that was a consequence of the applicant's chemical dependency, unless 8.14the applicant was previously diagnosed chemically dependent or had treatment for 8.15chemical dependency, and since that diagnosis or treatment has failed to make consistent 8.16efforts to control the chemical dependency; or 8.17    (10) conduct that was a consequence of the applicant, or an immediate family 8.18member of the applicant, being a victim of domestic abuse as defined under section 8.19 new text begin , sexual assault, or stalking new text end . Domestic abuse must be shown as provided for in 8.20subdivision 1, clause (9). new text begin For the purposes of this subdivision, "domestic abuse," "sexual new text end 8.21 new text begin assault," and "stalking" have the meanings given them in subdivision 1. new text end 8.22    (c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20, 8.23169A.31 , or 169A.50 to 169A.53 that interferes with or adversely affects the employment 8.24is employment misconduct. 8.25(d) If the conduct for which the applicant was discharged involved only a single 8.26incident, that is an important fact that must be considered in deciding whether the conduct 8.27rises to the level of employment misconduct under paragraph (a). This paragraph does 8.28not require that a determination under section 268.101 or decision under section 268.105 8.29contain a specific acknowledgment or explanation that this paragraph was considered. 8.30    (e) The definition of employment misconduct provided by this subdivision is 8.31exclusive and no other definition applies. 8.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 5, 2014, and applies to all new text end 8.33 new text begin determinations and appeal decisions issued on or after that date. new text end 8.34    Sec. 6. new text begin [363A.44] EQUAL PAY CERTIFICATE. new text end 9.1     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin (a) No department, agency of the state, the Metropolitan new text end 9.2 new text begin Council, or an agency subject to section 473.143, subdivision 1, shall execute a contract or new text end 9.3 new text begin agreement in excess of $500,000 with a business that has 40 or more full-time employees new text end 9.4 new text begin in this state or a state where the business has its primary place of business on a single new text end 9.5 new text begin day during the prior 12 months, unless the business has an equal pay certificate or it has new text end 9.6 new text begin certified in writing that it is exempt. A certificate is valid for four years. new text end 9.7     new text begin (b) This section does not apply to a business with respect to a specific contract if new text end 9.8 new text begin the commissioner of administration determines that application of this section would new text end 9.9 new text begin cause undue hardship to the contracting entity. This section does not apply to a contract new text end 9.10 new text begin to provide goods and services to individuals under chapters 43A, 62A, 62C, 62D, 62E, new text end 9.11 new text begin 256B, 256I, 256L, and 268A, with a business that has a license, certification, registration, new text end 9.12 new text begin provider agreement, or provider enrollment contract that is prerequisite to providing those new text end 9.13 new text begin goods and services. This section does not apply to contracts entered into by the State new text end 9.14 new text begin Board of Investment for investment options under section 352.965, subdivision 4. new text end 9.15     new text begin Subd. 2. new text end new text begin Application. new text end new text begin (a) A business shall apply for an equal pay certificate new text end 9.16 new text begin by paying a $150 filing fee and submitting an equal pay compliance statement to the new text end 9.17 new text begin commissioner. The proceeds from the fees collected under this subdivision shall be new text end 9.18 new text begin deposited in an equal pay certificate special revenue account. Money in the account is new text end 9.19 new text begin appropriated to the commissioner for the purposes of this section. The commissioner shall new text end 9.20 new text begin issue an equal pay certificate of compliance to a business that submits to the commissioner new text end 9.21 new text begin a statement signed by the chairperson of the board or chief executive officer of the business: new text end 9.22     new text begin (1) that the business is in compliance with Title VII of the Civil Rights Act of 1964, new text end 9.23 new text begin Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for new text end 9.24 new text begin Equal Work Law; new text end 9.25     new text begin (2) that the average compensation for its female employees is not consistently new text end 9.26 new text begin below the average compensation for its male employees within each of the major job new text end 9.27 new text begin categories in the EEO-1 employee information report for which an employee is expected new text end 9.28 new text begin to perform work under the contract, taking into account factors such as length of service, new text end 9.29 new text begin requirements of specific jobs, experience, skill, effort, responsibility, working conditions new text end 9.30 new text begin of the job, or other mitigating factors; new text end 9.31     new text begin (3) that the business does not restrict employees of one sex to certain job new text end 9.32 new text begin classifications and makes retention and promotion decisions without regard to sex; new text end 9.33     new text begin (4) that wage and benefit disparities are corrected when identified to ensure new text end 9.34 new text begin compliance with the laws cited in clause (1) and with clause (2); and new text end 9.35     new text begin (5) how often wages and benefits are evaluated to ensure compliance with the laws new text end 9.36 new text begin cited in clause (1) and with clause (2). new text end 10.1     new text begin (b) The equal pay compliance statement shall also indicate whether the business, in new text end 10.2 new text begin setting compensation and benefits, utilizes: new text end 10.3     new text begin (1) a market pricing approach; new text end 10.4     new text begin (2) state prevailing wage or union contract requirements; new text end 10.5     new text begin (3) a performance pay system; new text end 10.6     new text begin (4) an internal analysis; or new text end 10.7     new text begin (5) an alternative approach to determine what level of wages and benefits to pay new text end 10.8 new text begin its employees. If the business uses an alternative approach, the business must provide a new text end 10.9 new text begin description of its approach. new text end 10.10     new text begin (c) Receipt of the equal pay compliance statement by the commissioner does not new text end 10.11 new text begin establish compliance with the laws set forth in paragraph (a), clause (1). new text end 10.12     new text begin Subd. 3. new text end new text begin Issuance or rejection of certificate. new text end new text begin The commissioner must issue an new text end 10.13 new text begin equal pay certificate, or a statement of why the application was rejected, within 15 days of new text end 10.14 new text begin receipt of the application. An application may be rejected only if it does not comply with new text end 10.15 new text begin the requirements of subdivision 2. new text end 10.16     new text begin Subd. 4. new text end new text begin Revocation of certificate. new text end new text begin An equal pay certificate for a business may be new text end 10.17 new text begin suspended or revoked by the commissioner when the business fails to make a good-faith new text end 10.18 new text begin effort to comply with the laws identified in subdivision 2, paragraph (a), clause (1), fails new text end 10.19 new text begin to make a good-faith effort to comply with this section, or has multiple violations of new text end 10.20 new text begin this section or the laws identified in subdivision 2, paragraph (a), clause (1). Prior to new text end 10.21 new text begin suspending or revoking a certificate, the commissioner must first have sought to conciliate new text end 10.22 new text begin with the business regarding wages and benefits due to employees. new text end 10.23     new text begin Subd. 5. new text end new text begin Revocation of contract. new text end new text begin (a) If a contract is awarded to a business that new text end 10.24 new text begin does not have an equal pay certificate as required under subdivision 1, or that is not in new text end 10.25 new text begin compliance with subdivision 2, paragraph (a), the commissioner may void the contract new text end 10.26 new text begin on behalf of the state. The contract award entity that is a party to the agreement must be new text end 10.27 new text begin notified by the commissioner prior to the commissioner taking action to void the contract. new text end 10.28     new text begin (b) A contract may be abridged or terminated by the contract award entity identified new text end 10.29 new text begin in subdivision 1 upon notice that the commissioner has suspended or revoked the new text end 10.30 new text begin certificate of the business. new text end 10.31     new text begin Subd. 6. new text end new text begin Administrative review. new text end new text begin (a) A business may obtain an administrative new text end 10.32 new text begin hearing pursuant to sections 14.57 to 14.69 before the suspension or revocation of its new text end 10.33 new text begin certificate is effective by filing a written request for hearing 20 days after service of notice new text end 10.34 new text begin by the commissioner. new text end 10.35     new text begin (b) A business may obtain an administrative hearing pursuant to sections 14.57 new text end 10.36 new text begin to 14.69 before the contract award entity's abridgement or termination of a contract is new text end 11.1 new text begin effective by filing a written request for a hearing 20 days after service of notice by the new text end 11.2 new text begin contract award entity. new text end 11.3     new text begin Subd. 7. new text end new text begin Technical assistance. new text end new text begin The commissioner must provide technical assistance new text end 11.4 new text begin to any business that requests assistance regarding this section. new text end 11.5     new text begin Subd. 8. new text end new text begin Audit. new text end new text begin The commissioner may audit the business's compliance with this new text end 11.6 new text begin section. As part of an audit, upon request, a business must provide the commissioner the new text end 11.7 new text begin following information with respect to employees expected to perform work under the new text end 11.8 new text begin contract in each of the major job categories in the EEO-1 employee information report: new text end 11.9     new text begin (1) number of male employees; new text end 11.10     new text begin (2) number of female employees; new text end 11.11     new text begin (3) average annualized salaries paid to male employees and to female employees, new text end 11.12 new text begin in the manner most consistent with the employer's compensation system, within each new text end 11.13 new text begin major job category; new text end 11.14     new text begin (4) information on performance payments, benefits, or other elements of new text end 11.15 new text begin compensation, in the manner most consistent with the employer's compensation system, if new text end 11.16 new text begin requested by the commissioner as part of a determination as to whether these elements of new text end 11.17 new text begin compensation are different for male and female employees; new text end 11.18     new text begin (5) average length of service for male and female employees in each major job new text end 11.19 new text begin category; and new text end 11.20     new text begin (6) other information identified by the business or by the commissioner, as needed, new text end 11.21 new text begin to determine compliance with items specified in subdivision 2, paragraph (a). new text end 11.22     new text begin Subd. 9. new text end new text begin Access to data. new text end new text begin Data submitted to the commissioner related to equal pay new text end 11.23 new text begin certificates are private data on individuals or nonpublic data with respect to persons other new text end 11.24 new text begin than department employees. The commissioner's decision to issue, not issue, revoke, or new text end 11.25 new text begin suspend an equal pay certificate is public data. new text end 11.26     new text begin Subd. 10. new text end new text begin Report. new text end new text begin The commissioner shall report to the governor and the chairs and new text end 11.27 new text begin ranking minority members of the committees in the senate and the house of representatives new text end 11.28 new text begin with primary jurisdiction over the department by January 31 of every even-numbered new text end 11.29 new text begin year, beginning January 31, 2016. The report shall indicate the number of equal pay new text end 11.30 new text begin certificates issued, the number of audits conducted, the processes used by contractors new text end 11.31 new text begin to ensure compliance with subdivision 2, paragraph (a), and a summary of its auditing new text end 11.32 new text begin efforts. The commissioner shall consult with the Legislative Coordinating Commission new text end 11.33 new text begin Office on the Economic Status of Women in preparing the report. new text end 11.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to any new text end 11.35 new text begin solicitation made on or after that date. new text end 12.1    Sec. 7. new text begin HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL JOBS new text end 12.2 new text begin PROGRAM APPROPRIATION. new text end 12.3 new text begin $500,000 is appropriated from the workforce development fund in fiscal year new text end 12.4 new text begin 2015 to the commissioner of employment and economic development to develop and new text end 12.5 new text begin implement the women and high-wage, high-demand, nontraditional jobs grant program new text end 12.6 new text begin under Minnesota Statutes, section 116L.99. Funds available under this section must not new text end 12.7 new text begin supplant other funds available for the same purposes. The commissioner may use up new text end 12.8 new text begin to five percent of the appropriation to administer the grant program. This is a onetime new text end 12.9 new text begin appropriation and is available until expended. new text end 12.10    Sec. 8. new text begin WOMEN ENTREPRENEURS BUSINESS DEVELOPMENT; new text end 12.11 new text begin APPROPRIATION. new text end 12.12 new text begin (a) $500,000 in fiscal year 2015 is appropriated from the general fund to the new text end 12.13 new text begin commissioner of employment and economic development for grants to Women Venture and new text end 12.14 new text begin the Women's Business Center of Northeastern Minnesota at the Northeast Entrepreneurial new text end 12.15 new text begin Fund to facilitate and promote the creation and expansion of women-owned businesses new text end 12.16 new text begin in Minnesota. Funds available under this section must be divided equally among grant new text end 12.17 new text begin recipients. This is a onetime appropriation and is available until expended. Grant funds new text end 12.18 new text begin may be used only for the purposes under paragraph (b) except that up to ten percent of new text end 12.19 new text begin each grant award may be used by grant recipients for administrative costs. new text end 12.20 new text begin (b) Grants awarded under this section must be used for: new text end 12.21 new text begin (1) entrepreneurial training, mentoring, and technical assistance for the startup or new text end 12.22 new text begin expansion of eligible women-owned businesses; new text end 12.23 new text begin (2) development of networks of potential investors for eligible women-owned new text end 12.24 new text begin businesses; new text end 12.25 new text begin (3) development of outreach activities and recruitment programs for midcareer new text end 12.26 new text begin women with an interest in starting eligible women-owned businesses; and new text end 12.27 new text begin (4) compilation, development, and dissemination of resources, information, and new text end 12.28 new text begin technical assistance on best practices and model programs that may be replicated on a new text end 12.29 new text begin statewide basis. new text end 12.30 new text begin (c) For the purposes of this section "eligible women-owned business" means a new text end 12.31 new text begin business entity: new text end 12.32 new text begin (1) that is at least 51 percent female owned or, in the case of a publicly traded new text end 12.33 new text begin business, at least 51 percent of the stock is female owned; new text end 12.34 new text begin (2) whose management and daily operations are controlled by women; new text end 12.35 new text begin (3) that is organized for profit; new text end 13.1 new text begin (4) that is projected to generate at least $500,000 in annual revenue and create at new text end 13.2 new text begin least ten jobs, each of which pay an annual income equal to at least 200 percent of the new text end 13.3 new text begin federal poverty guideline adjusted for a family size of four; and new text end 13.4 new text begin (5) in the field of construction; transportation; warehousing; agriculture; mining; new text end 13.5 new text begin finance; insurance; professional, technical, or scientific services; technology; or other new text end 13.6 new text begin industries with businesses meeting the revenue and job creation requirements of clause (4). new text end 13.7 new text begin (d) A grant award under this section does not affect any other grant award or new text end 13.8 new text begin appropriation made to a grant recipient. new text end 13.9     new text begin (e) The Women's Business Center of Northeastern Minnesota shall partner with new text end 13.10 new text begin the Arrowhead Economic Opportunity Agency to provide entrepreneurial development new text end 13.11 new text begin training and resources to women with incomes less than 200 percent of the federal poverty new text end 13.12 new text begin guideline, adjusted for a family size of four, to assist with the start-up or expansion of new text end 13.13 new text begin eligible women-owned businesses. new text end 13.14    Sec. 9. new text begin WOMEN AND HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL new text end 13.15 new text begin JOBS APPRENTICESHIPS; APPROPRIATION. new text end 13.16 new text begin $250,000 is appropriated from the workforce development fund in fiscal year 2015 new text end 13.17 new text begin to the commissioner of labor and industry for the labor education advancement program new text end 13.18 new text begin under Minnesota Statutes, section 178.11, to educate, promote, assist, and support women new text end 13.19 new text begin to enter apprenticeship programs in high-wage, high-demand, nontraditional occupations. new text end 13.20 new text begin Funds available under this section must not supplant other funds available for the same new text end 13.21 new text begin purposes. This is a onetime appropriation and is available until expended. new text end 13.22    Sec. 10. new text begin REPORT; RETIREMENT SAVINGS PLAN. new text end 13.23     new text begin (a) The commissioner of management and budget must report to the legislature new text end 13.24 new text begin by January 15, 2015, on the potential for a state-administered retirement savings plan new text end 13.25 new text begin to serve employees without access to either an automatic enrollment payroll deduction new text end 13.26 new text begin IRA maintained or offered by their employer, or a multiemployer retirement plan or new text end 13.27 new text begin qualifying retirement plan or arrangement described in sections 414(f) and 219(g)(5), new text end 13.28 new text begin respectively, of the Internal Revenue Code of 1986, as amended through April 14, 2011. new text end 13.29 new text begin The potential state-administered plan would provide for individuals to make contributions new text end 13.30 new text begin to their own accounts to be pooled and invested by the State Board of Investment, with the new text end 13.31 new text begin benefit consisting of the balance in each individual's account, and with the state having no new text end 13.32 new text begin liability for investment earnings and losses, while discouraging employers from dropping new text end 13.33 new text begin existing retirement plan options. new text end 13.34     new text begin (b) The report must include: new text end 14.1     new text begin (1) estimates of the number of Minnesota workers who could be served by the new text end 14.2 new text begin potential state-administered plan, and the participation rate that would make the plan new text end 14.3 new text begin self-sustaining; new text end 14.4     new text begin (2) the effect of federal tax laws and the federal Employee Retirement Income new text end 14.5 new text begin Security Act on a potential state-administered plan and on participating employers and new text end 14.6 new text begin employees, including coverage and potential gaps in consumer protections; new text end 14.7     new text begin (3) barriers to savings and reasons individuals and employers may not be new text end 14.8 new text begin participating in existing private sector retirement plans; new text end 14.9     new text begin (4) the potential use and availability of investment strategies, private insurance, new text end 14.10 new text begin underwriting, or reinsurance against loss to limit or eliminate potential state liability new text end 14.11 new text begin and manage risk to the principal; new text end 14.12     new text begin (5) options for the process by which individuals would enroll in and contribute to new text end 14.13 new text begin the plan; new text end 14.14     new text begin (6) projected costs of administration, record keeping, and investment management, new text end 14.15 new text begin including staffing, legal, compliance, licensing, procurement, communications with new text end 14.16 new text begin employers and employees, oversight, marketing, technology and infrastructure, and the fee new text end 14.17 new text begin needed to cover these costs as a percentage of the average daily net assets of the potential new text end 14.18 new text begin state-administered plan, relative to asset size, with estimates of investment-related fees new text end 14.19 new text begin determined in consultation with the State Board of Investment; and new text end 14.20     new text begin (7) a comparison of a potential state-administered plan to private sector and federal new text end 14.21 new text begin government retirement savings options with regard to participation rates, contribution new text end 14.22 new text begin rates, risk-adjusted return expectations, fees, and any other factors determined by new text end 14.23 new text begin the commissioner, which may include suitability in meeting the investment needs of new text end 14.24 new text begin participants. new text end 14.25     new text begin (c) Subject to available appropriations, the report may include: new text end 14.26     new text begin (1) estimates of the average amount of savings and other financial resources residents new text end 14.27 new text begin of Minnesota have upon retirement and those that are recommended for a financially new text end 14.28 new text begin secure retirement in Minnesota; new text end 14.29     new text begin (2) estimates of the relative progress toward achieving the savings recommended for new text end 14.30 new text begin a financially secure retirement by gender, race, and ethnicity; new text end 14.31     new text begin (3) the estimated impact on publicly funded social safety net programs attributable new text end 14.32 new text begin to insufficient retirement savings, and the aggregate effect of potential state-administered new text end 14.33 new text begin plan options on publicly funded social safety net programs and the state economy; new text end 14.34     new text begin (4) the effect of federal tax laws and the federal Employee Retirement Income new text end 14.35 new text begin Security Act on a potential state-administered plan that allows for voluntary employer new text end 14.36 new text begin contributions, either commingled with or segregated from employee contributions; new text end 15.1     new text begin (5) options for a potential state-administered plan to use group annuities to ensure a new text end 15.2 new text begin stable stream of retirement income throughout beneficiaries' retirement years; new text end 15.3     new text begin (6) alternative ways and costs for the state to encourage similar outcomes to a new text end 15.4 new text begin state-administered plan; new text end 15.5     new text begin (7) options discouraging employers from dropping existing employer-sponsored new text end 15.6 new text begin retirement savings plans in favor of a potential state-administered plan; and new text end 15.7     new text begin (8) other topics that the commissioner determines are relevant to legislative new text end 15.8 new text begin consideration of possible establishment of a state-administered plan. new text end 15.9     new text begin (d) The commissioner may provide information for purposes of paragraph (c) by new text end 15.10 new text begin reporting the results of a request for public comment. new text end 15.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.12    Sec. 11. new text begin RETIREMENT SAVINGS PLAN REPORT; APPROPRIATION. new text end 15.13     new text begin $400,000 in fiscal year 2014 is appropriated from the general fund to the new text end 15.14 new text begin commissioner of management and budget for the retirement savings plan report under new text end 15.15 new text begin section 10. This is a onetime appropriation and is available until expended. new text end 15.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.17    Sec. 12. new text begin APPROPRIATION; PAY EQUITY. new text end 15.18 new text begin $674,000 in fiscal year 2015 is appropriated from the general fund to the new text end 15.19 new text begin commissioner of human rights for implementation of Minnesota Statutes, section new text end 15.20 new text begin 363A.44. The agency base budget for this purpose is $426,000 each year in fiscal years new text end 15.21 new text begin 2016 and 2017. new text end 15.22ARTICLE 3 15.23LABOR STANDARDS AND WAGES 15.24    Section 1. Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read: 15.25    Subd. 2. Employee. "Employee" means a person who performs services for hire for 15.26an employer from whom a leave is requested under sections 181.940 to 181.944 for: 15.27(1) at least 12 consecutive months immediately preceding the request; and 15.28(2) for an average number of hours per week equal to one-half the full-time 15.29equivalent position in the employee's job classification as defined by the employer's 15.30personnel policies or practices or pursuant to the provisions of a collective bargaining 15.31agreement, during those 12 months new text begin the 12-month period immediately preceding the leave new text end . 16.1Employee includes all individuals employed at any site owned or operated by the 16.2employer but does not include an independent contractor. 16.3    Sec. 2. Minnesota Statutes 2012, section 181.941, is amended to read: 16.4181.941 new text begin PREGNANCY AND new text end PARENTING LEAVE. 16.5    Subdivision 1. Six new text begin Twelve new text end -week leave; new text begin pregnancy, new text end birth new text begin , new text end or adoption. new text begin (a) new text end An 16.6employer must grant an unpaid leave of absence to an employee who is a natural or 16.7adoptive parent in conjunction with the birth or adoption of a child. The length of the 16.8leave shall be determined by the employee, but may not exceed six weeks, unless agreed 16.9to by the employer. new text begin : new text end 16.10 new text begin (1) a biological or adoptive parent in conjunction with the birth or adoption of a new text end 16.11 new text begin child; or new text end 16.12 new text begin (2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth, new text end 16.13 new text begin or related health conditions. new text end 16.14 new text begin (b) The length of the leave shall be determined by the employee, but must not exceed new text end 16.15 new text begin 12 weeks, unless agreed to by the employer. new text end 16.16    Subd. 2. Start of leave. The leave shall begin at a time requested by the employee. 16.17The employer may adopt reasonable policies governing the timing of requests for unpaid 16.18leave. new text begin and may require an employee who plans to take a leave under this section to give new text end 16.19 new text begin the employer reasonable notice of the date the leave shall commence and the estimated new text end 16.20 new text begin duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), new text end the 16.21leave may new text begin must new text end begin not more than six weeks after new text begin within 12 months of new text end the birth or 16.22adoption; except that, in the case where the child must remain in the hospital longer than 16.23the mother, the leave may not new text begin must new text end begin more than six weeks new text begin within 12 months new text end after the 16.24child leaves the hospital. 16.25    Subd. 3. No employer retribution. An employer shall not retaliate against an 16.26employee for requesting or obtaining a leave of absence as provided by this section. 16.27    Subd. 4. Continued insurance. The employer must continue to make coverage 16.28available to the employee while on leave of absence under any group insurance policy, 16.29group subscriber contract, or health care plan for the employee and any dependents. 16.30Nothing in this section requires the employer to pay the costs of the insurance or health 16.31care while the employee is on leave of absence. 16.32    Sec. 3. Minnesota Statutes 2013 Supplement, section 181.9413, is amended to read: 16.33181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES. 17.1    (a) An employee may use personal sick leave benefits provided by the employer 17.2for absences due to an illness of or injury to the employee's child, as defined in section 17.3181.940, subdivision 4 , adult child, spouse, sibling, parent, new text begin mother-in-law, father-in-law, new text end 17.4 new text begin grandchild, new text end grandparent, or stepparent, for reasonable periods of time as the employee's 17.5attendance may be necessary, on the same terms upon which the employee is able to use 17.6sick leave benefits for the employee's own illness or injury. This section applies only to 17.7personal sick leave benefits payable to the employee from the employer's general assets. 17.8    (b) new text begin An employee may use sick leave as allowed under this section for safety leave, new text end 17.9 new text begin whether or not the employee's employer allows use of sick leave for that purpose for such new text end 17.10 new text begin reasonable periods of time as may be necessary. Safety leave may be used for assistance new text end 17.11 new text begin to the employee or assistance to the relatives described in paragraph (a). For the purpose new text end 17.12 new text begin of this section, "safety leave" is leave for the purpose of providing or receiving assistance new text end 17.13 new text begin because of sexual assault, domestic abuse, or stalking. For the purpose of this paragraph: new text end 17.14     new text begin (1) "domestic abuse" has the meaning given in section 518B.01; new text end 17.15     new text begin (2) "sexual assault" means an act that constitutes a violation under sections 609.342 new text end 17.16 new text begin to 609.3453 or 609.352; and new text end 17.17     new text begin (3) "stalking" has the meaning given in section 609.749. new text end 17.18     new text begin (c) new text end An employer may limit the use of new text begin safety leave as described in paragraph (b) or new text end 17.19personal sick leave benefits provided by the employer for absences due to an illness of or 17.20injury to the employee's adult child, spouse, sibling, parent, new text begin mother-in-law, father-in-law, new text end 17.21 new text begin grandchild, new text end grandparent, or stepparent to no less than 160 hours in any 12-month period. 17.22This paragraph does not apply to absences due to the illness or injury of a child, as defined 17.23in section 181.940, subdivision 4. 17.24    (c) new text begin (d) new text end For purposes of this section, "personal sick leave benefits" means time 17.25accrued and available to an employee to be used as a result of absence from work due 17.26to personal illness or injury, but does not include short-term or long-term disability or 17.27other salary continuation benefits. 17.28    (d) new text begin (e) new text end For the purpose of this section, "child" includes a stepchild and a biological, 17.29adopted, and foster child. 17.30     new text begin (f) For the purpose of this section, "grandchild" includes a step-grandchild, and a new text end 17.31 new text begin biological, adopted, and foster grandchild. new text end 17.32    (e) new text begin (g) new text end This section does not prevent an employer from providing greater sick leave 17.33benefits than are provided for under this section. 17.34     new text begin (h) An employer shall not retaliate against an employee for requesting or obtaining a new text end 17.35 new text begin leave of absence under this section. new text end 18.1    Sec. 4. new text begin [181.9414] PREGNANCY ACCOMMODATIONS. new text end 18.2     new text begin Subdivision 1. new text end new text begin Accommodation. new text end new text begin An employer must provide reasonable new text end 18.3 new text begin accommodations to an employee for health conditions related to pregnancy or childbirth if new text end 18.4 new text begin she so requests, with the advice of her licensed health care provider or certified doula, new text end 18.5 new text begin unless the employer demonstrates that the accommodation would impose an undue new text end 18.6 new text begin hardship on the operation of the employer's business. A pregnant employee shall not be new text end 18.7 new text begin required to obtain the advice of her licensed health care provider or certified doula, nor new text end 18.8 new text begin may an employer claim undue hardship for the following accommodations: (1) more new text end 18.9 new text begin frequent restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 new text end 18.10 new text begin pounds. The employee and employer shall engage in an interactive process with respect to new text end 18.11 new text begin an employee's request for a reasonable accommodation. "Reasonable accommodation" new text end 18.12 new text begin may include, but is not limited to, temporary transfer to a less strenuous or hazardous new text end 18.13 new text begin position, seating, frequent restroom breaks, and limits to heavy lifting. Notwithstanding new text end 18.14 new text begin any other provision of this section, an employer shall not be required to create a new or new text end 18.15 new text begin additional position in order to accommodate an employee pursuant to this section, and new text end 18.16 new text begin shall not be required to discharge any employee, transfer any other employee with greater new text end 18.17 new text begin seniority, or promote any employee. new text end 18.18     new text begin Subd. 2. new text end new text begin Interaction with other laws. new text end new text begin Nothing in this section shall be construed to new text end 18.19 new text begin affect any other provision of law relating to sex discrimination or pregnancy, or in any new text end 18.20 new text begin way to diminish the coverage of pregnancy, childbirth, or health conditions related to new text end 18.21 new text begin pregnancy or childbirth under any other provisions of any other law. new text end 18.22     new text begin Subd. 3. new text end new text begin No employer retribution. new text end new text begin An employer shall not retaliate against an new text end 18.23 new text begin employee for requesting or obtaining accommodation under this section. new text end 18.24     new text begin Subd. 4. new text end new text begin Employee not required to take leave. new text end new text begin An employer shall not require an new text end 18.25 new text begin employee to take a leave or accept an accommodation. new text end 18.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.27    Sec. 5. Minnesota Statutes 2012, section 181.943, is amended to read: 18.28181.943 RELATIONSHIP TO OTHER LEAVE. 18.29(a) The length of parental leave provided under section 181.941 may be reduced 18.30by any period of paid parental or disability leave, but not accrued sick leave, provided 18.31by the employer, so that the total leave does not exceed six weeks, unless agreed to by 18.32the employer. new text begin : new text end 19.1 new text begin (1) paid parental, disability, personal, medical, or sick leave, or accrued vacation new text end 19.2 new text begin provided by the employer so that the total leave does not exceed 12 weeks, unless agreed new text end 19.3 new text begin to by the employer; or new text end 19.4 new text begin (2) leave taken for the same purpose by the employee under United States Code, new text end 19.5 new text begin title 29, chapter 28. new text end 19.6(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing 19.7leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise 19.8affects an employee's rights with respect to any other employment benefit. 19.9ARTICLE 4 19.10EMPLOYMENT PROTECTIONS 19.11    Section 1. Minnesota Statutes 2013 Supplement, section 177.27, subdivision 4, is 19.12amended to read: 19.13    Subd. 4. Compliance orders. The commissioner may issue an order requiring an 19.14employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 19.15181.101 , 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, new text begin 181.172, paragraph (a) or (d), new text end 19.16 181.275, subdivision 2a , 181.722, and 181.79 new text begin , and 181.939 to 181.943 new text end , or with any rule 19.17promulgated under section 177.28. The commissioner shall issue an order requiring an 19.18employer to comply with sections 177.41 to 177.435 if the violation is repeated. For 19.19purposes of this subdivision only, a violation is repeated if at any time during the two years 19.20that preceded the date of violation, the commissioner issued an order to the employer for 19.21violation of sections 177.41 to 177.435 and the order is final or the commissioner and the 19.22employer have entered into a settlement agreement that required the employer to pay back 19.23wages that were required by sections 177.41 to 177.435. The department shall serve the 19.24order upon the employer or the employer's authorized representative in person or by 19.25certified mail at the employer's place of business. An employer who wishes to contest the 19.26order must file written notice of objection to the order with the commissioner within 15 19.27calendar days after being served with the order. A contested case proceeding must then be 19.28held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being 19.29served with the order, the employer fails to file a written notice of objection with the 19.30commissioner, the order becomes a final order of the commissioner. 19.31    Sec. 2. new text begin [181.172] WAGE DISCLOSURE PROTECTION. new text end 19.32 new text begin (a) An employer shall not: new text end 19.33 new text begin (1) require nondisclosure by an employee of his or her wages as a condition of new text end 19.34 new text begin employment; new text end 20.1 new text begin (2) require an employee to sign a waiver or other document which purports to deny new text end 20.2 new text begin an employee the right to disclose the employee's wages; or new text end 20.3 new text begin (3) take any adverse employment action against an employee for disclosing the new text end 20.4 new text begin employee's own wages or discussing another employee's wages which have been disclosed new text end 20.5 new text begin voluntarily. new text end 20.6 new text begin (b) Nothing in this section shall be construed to: new text end 20.7 new text begin (1) create an obligation on any employer or employee to disclose wages; new text end 20.8 new text begin (2) permit an employee, without the written consent of the employer, to disclose new text end 20.9 new text begin proprietary information, trade secret information, or information that is otherwise subject new text end 20.10 new text begin to a legal privilege or protected by law; new text end 20.11 new text begin (3) diminish any existing rights under the National Labor Relations Act under new text end 20.12 new text begin United States Code, title 29; or new text end 20.13 new text begin (4) permit the employee to disclose wage information of other employees to a new text end 20.14 new text begin competitor of their employer. new text end 20.15 new text begin (c) An employer that provides an employee handbook to its employees must include new text end 20.16 new text begin in the handbook notice of employee rights and remedies under this section. new text end 20.17 new text begin (d) An employer may not retaliate against an employee for asserting rights or new text end 20.18 new text begin remedies under this section. new text end 20.19 new text begin (e) An employee may bring a civil action against an employer for a violation of new text end 20.20 new text begin paragraph (a) or (d). If a court finds that an employer has violated paragraph (a) or (d), the new text end 20.21 new text begin court may order reinstatement, back pay, restoration of lost service credit, if appropriate, new text end 20.22 new text begin and the expungement of any related adverse records of an employee who was the subject new text end 20.23 new text begin of the violation. new text end 20.24    Sec. 3. Minnesota Statutes 2012, section 181.939, is amended to read: 20.25181.939 NURSING MOTHERS. 20.26 new text begin (a) new text end An employer must provide reasonable unpaid break time each day to an 20.27employee who needs to express breast milk for her infant child. The break time must, 20.28if possible, run concurrently with any break time already provided to the employee. An 20.29employer is not required to provide break time under this section if to do so would unduly 20.30disrupt the operations of the employer. 20.31 new text begin (b) new text end The employer must make reasonable efforts to provide a room or other location, 20.32in close proximity to the work area, other than a new text begin bathroom or a new text end toilet stall, new text begin that is shielded new text end 20.33 new text begin from view and free from intrusion from coworkers and the public and that includes access new text end 20.34 new text begin to an electrical outlet, new text end where the employee can express her milk in privacy. The employer 20.35would be held harmless if reasonable effort has been made. 21.1 new text begin (c) new text end For the purposes of this section, "employer" means a person or entity that 21.2employs one or more employees and includes the state and its political subdivisions. 21.3 new text begin (d) An employer may not retaliate against an employee for asserting rights or new text end 21.4 new text begin remedies under this section. new text end 21.5    Sec. 4. Minnesota Statutes 2012, section 181.9435, subdivision 1, is amended to read: 21.6    Subdivision 1. Investigation. The Division of Labor Standards and Apprenticeship 21.7shall receive complaints of employees against employers relating to sections 181.940 21.8 new text begin 181.172, paragraph (a) or (d), and 181.939 new text end to 181.9436 and investigate informally whether 21.9an employer may be in violation of sections new text begin 181.172, paragraph (a) or (d), and new text end 21.10 new text begin 181.939 new text end to 181.9436. The division shall attempt to resolve employee complaints by 21.11informing employees and employers of the provisions of the law and directing employers 21.12to comply with the law. new text begin For complaints related to section 181.939, the division must new text end 21.13 new text begin contact the employer within two business days and investigate the complaint within ten new text end 21.14 new text begin days of receipt of the complaint. new text end 21.15    Sec. 5. Minnesota Statutes 2012, section 181.944, is amended to read: 21.16181.944 INDIVIDUAL REMEDIES. 21.17In addition to any other remedies provided by law, a person injured by a violation 21.18of sections new text begin 181.172, paragraph (a) or (d), and 181.939 new text end to 181.943 may bring a 21.19civil action to recover any and all damages recoverable at law, together with costs and 21.20disbursements, including reasonable attorney's fees, and may receive injunctive and other 21.21equitable relief as determined by a court. 21.22    Sec. 6. Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read: 21.23    Subdivision 1. Labor organization. Except when based on a bona fide occupational 21.24qualification, it is an unfair employment practice for a labor organization, because of race, 21.25color, creed, religion, national origin, sex, marital status, status with regard to public 21.26assistance, new text begin familial status, new text end disability, sexual orientation, or age: 21.27(1) to deny full and equal membership rights to a person seeking membership or 21.28to a member; 21.29(2) to expel a member from membership; 21.30(3) to discriminate against a person seeking membership or a member with respect 21.31to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, 21.32or privileges of employment; or 22.1(4) to fail to classify properly, or refer for employment or otherwise to discriminate 22.2against a person or member. 22.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.4    Sec. 7. Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read: 22.5    Subd. 2. Employer. Except when based on a bona fide occupational qualification, it 22.6is an unfair employment practice for an employer, because of race, color, creed, religion, 22.7national origin, sex, marital status, status with regard to public assistance, new text begin familial status, new text end 22.8 membership or activity in a local commission, disability, sexual orientation, or age to: 22.9(1) refuse to hire or to maintain a system of employment which unreasonably 22.10excludes a person seeking employment; or 22.11(2) discharge an employee; or 22.12(3) discriminate against a person with respect to hiring, tenure, compensation, terms, 22.13upgrading, conditions, facilities, or privileges of employment. 22.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.15    Sec. 8. Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read: 22.16    Subd. 3. Employment agency. Except when based on a bona fide occupational 22.17qualification, it is an unfair employment practice for an employment agency, because of 22.18race, color, creed, religion, national origin, sex, marital status, status with regard to public 22.19assistance, new text begin familial status, new text end disability, sexual orientation, or age to: 22.20(1) refuse or fail to accept, register, classify properly, or refer for employment or 22.21otherwise to discriminate against a person; or 22.22(2) comply with a request from an employer for referral of applicants for 22.23employment if the request indicates directly or indirectly that the employer fails to comply 22.24with the provisions of this chapter. 22.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.26    Sec. 9. Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read: 22.27    Subd. 4. Employer, employment agency, or labor organization. (a) Except when 22.28based on a bona fide occupational qualification, it is an unfair employment practice for an 22.29employer, employment agency, or labor organization, before a person is employed by an 22.30employer or admitted to membership in a labor organization, to: 22.31(1) require or request the person to furnish information that pertains to race, color, 22.32creed, religion, national origin, sex, marital status, status with regard to public assistance, 23.1 new text begin familial status, new text end disability, sexual orientation, or age; or, subject to section 363A.20, 23.2to require or request a person to undergo physical examination; unless for the sole and 23.3exclusive purpose of national security, information pertaining to national origin is required 23.4by the United States, this state or a political subdivision or agency of the United States or 23.5this state, or for the sole and exclusive purpose of compliance with the Public Contracts Act 23.6or any rule, regulation, or laws of the United States or of this state requiring the information 23.7or examination. A law enforcement agency may, after notifying an applicant for a peace 23.8officer or part-time peace officer position that the law enforcement agency is commencing 23.9the background investigation on the applicant, request the applicant's date of birth, gender, 23.10and race on a separate form for the sole and exclusive purpose of conducting a criminal 23.11history check, a driver's license check, and fingerprint criminal history inquiry. The form 23.12shall include a statement indicating why the data is being collected and what its limited use 23.13will be. No document which has date of birth, gender, or race information will be included 23.14in the information given to or available to any person who is involved in selecting the 23.15person or persons employed other than the background investigator. No person may act 23.16both as background investigator and be involved in the selection of an employee except 23.17that the background investigator's report about background may be used in that selection as 23.18long as no direct or indirect references are made to the applicant's race, age, or gender; or 23.19(2) seek and obtain for purposes of making a job decision, information from any 23.20source that pertains to the person's race, color, creed, religion, national origin, sex, marital 23.21status, status with regard to public assistance, new text begin familial status, new text end disability, sexual orientation, 23.22or age, unless for the sole and exclusive purpose of compliance with the Public Contracts 23.23Act or any rule, regulation, or laws of the United States or of this state requiring the 23.24information; or 23.25(3) cause to be printed or published a notice or advertisement that relates to 23.26employment or membership and discloses a preference, limitation, specification, or 23.27discrimination based on race, color, creed, religion, national origin, sex, marital status, 23.28status with regard to public assistance, new text begin familial status, new text end disability, sexual orientation, or age. 23.29(b) Any individual who is required to provide information that is prohibited by this 23.30subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28, 23.31subdivisions 1 to 9. 23.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.33    Sec. 10. new text begin ENFORCEMENT APPROPRIATION. new text end 24.1 new text begin $100,000 in fiscal year 2015 is appropriated from the general fund to the new text end 24.2 new text begin commissioner of labor and industry for additional compliance and enforcement activities new text end 24.3 new text begin by the labor standards unit related to this act. new text end " 24.4Delete the title and insert: 24.5"A bill for an act 24.6relating to state government; providing for the Women's Economic Security Act; 24.7requiring equal pay certificates of compliance; modifying workforce development 24.8provisions; creating women and high-wage, high-demand, nontraditional jobs 24.9grant program; modifying eligibility for unemployment insurance benefits; 24.10offering women entrepreneurs business development grants; requiring a report on 24.11a potential state-administered retirement savings plan; modifying parenting leave, 24.12sick leave, and pregnancy accommodations; providing employment protections; 24.13providing wage disclosure protection; appropriating money;amending Minnesota 24.14Statutes 2012, sections 13.552, by adding a subdivision; 181.939; 181.940, 24.15subdivision 2; 181.941; 181.943; 181.9435, subdivision 1; 181.944; 268.095, 24.16subdivisions 1, 6; 363A.08, subdivisions 1, 2, 3, 4; Minnesota Statutes 2013 24.17Supplement, sections 116L.665, subdivision 2; 177.27, subdivision 4; 181.9413; 24.18proposing coding for new law in Minnesota Statutes, chapters 116L; 181; 363A." We request the adoption of this report and repassage of the bill. House Conferees: ..... ..... Carly Melin Rena Moran ..... Ron Kresha Senate Conferees: ..... ..... Sandra L. Pappas Katie Sieben ..... Julie A. Rosen