HF 2536

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 04/23/2014 03:16 p.m.

1.1A bill for an act 1.2relating to women's economic security; promoting the economic self-sufficiency 1.3of women; reducing gender segregation in the workforce; reducing the gender 1.4pay gap through the participation of women in high-wage, high-demand, 1.5nontraditional occupations; establishing a women and nontraditional jobs grant 1.6program; modifying eligibility for unemployment benefits when applicant is a 1.7victim of sexual assault or stalking; creating a women entrepreneurs business 1.8development competitive grant program; providing for pregnancy and parenting 1.9leave; requiring pregnancy accommodations; requiring certificates of pay 1.10equity compliance as a condition for certain state contracts; classifying data; 1.11protecting wage disclosure; prohibiting retaliation; prohibiting discrimination in 1.12employment based on status as a family caregiver; clarifying unfair employment 1.13practices related to nursing mothers; requiring a report; appropriating money; 1.14amending Minnesota Statutes 2012, sections 116L.98; 181.939; 181.940, 1.15subdivision 2; 181.941; 181.943; 268.095, subdivisions 1, 6; Minnesota Statutes 1.162013 Supplement, sections 116L.665, subdivision 2; 181.9413; proposing coding 1.17for new law in Minnesota Statutes, chapters 116L; 181; 363A. 1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19ARTICLE 1 1.20WOMEN'S ECONOMIC SECURITY ACT 1.21    Section 1. new text begin CITATION; WOMEN'S ECONOMIC SECURITY ACT. new text end 1.22 new text begin This act shall be known as the Women's Economic Security Act. new text end 1.23ARTICLE 2 1.24ECONOMIC SECURITY 1.25    Section 1. Minnesota Statutes 2013 Supplement, section 116L.665, subdivision 2, 1.26is amended to read: 2.1    Subd. 2. Membership. The governor's Workforce Development Council is 2.2composed of 31 members appointed by the governor. The members may be removed 2.3pursuant to section 15.059. In selecting the representatives of the council, the governor 2.4shall ensure that 50 percent of the members come from nominations provided by local 2.5workforce councils. Local education representatives shall come from nominations 2.6provided by local education to employment partnerships. The 31 members shall represent 2.7the following sectors: 2.8(a) State agencies: the following individuals shall serve on the council: 2.9(1) commissioner of the Minnesota Department of Employment and Economic 2.10Development; 2.11(2) commissioner of the Minnesota Department of Education; and 2.12(3) commissioner of the Minnesota Department of Human Services. 2.13(b) Business and industry: six individuals shall represent the business and industry 2.14sectors of Minnesota. 2.15(c) Organized labor: six individuals shall represent labor organizations of Minnesota. 2.16(d) Community-based organizations: four individuals shall represent 2.17community-based organizations of Minnesota. Community-based organizations are 2.18defined by the Workforce Investment Act as private nonprofit organizations that are 2.19representative of communities or significant segments of communities and that have 2.20demonstrated expertise and effectiveness in the field of workforce investment and may 2.21include entities that provide job training services, serve youth, serve individuals with 2.22disabilities, serve displaced homemakers, union-related organizations, employer-related 2.23nonprofit organizations, and organizations serving nonreservation Indians and tribal 2.24governments. 2.25(e) Education: six individuals shall represent the education sector of Minnesota 2.26as follows: 2.27(1) one individual shall represent local public secondary education; 2.28(2) one individual shall have expertise in design and implementation of school-based 2.29service-learning; 2.30(3) one individual shall represent leadership of the University of Minnesota; 2.31(4) one individual shall represent secondary/postsecondary vocational institutions; 2.32(5) the chancellor of the Board of Trustees of the Minnesota State Colleges and 2.33Universities; and 2.34(6) one individual shall have expertise in agricultural education. 2.35(f) Other: two individuals shall represent other constituencies including: 2.36(1) units of local government; and 3.1(2) applicable state or local programs. 3.2The speaker and the minority leader of the house of representatives shall each 3.3appoint a representative to serve as an ex officio member of the council. The majority 3.4and minority leaders of the senate shall each appoint a senator to serve as an ex officio 3.5member of the council. 3.6The governor shall appoint one individual representing public libraries new text begin , one new text end 3.7 new text begin individual with expertise in assisting women in obtaining employment in nontraditional new text end 3.8 new text begin occupations, new text end and one individual representing adult basic education programs to serve as a 3.9 nonvoting advisor new text begin advisors new text end to the council. 3.10(g) Appointment: each member shall be appointed for a term of three years from the 3.11first day of January or July immediately following their appointment. Elected officials 3.12shall forfeit their appointment if they cease to serve in elected office. 3.13(h) Members of the council are compensated as provided in section 15.059, 3.14subdivision 3 . 3.15    Sec. 2. Minnesota Statutes 2012, section 116L.98, is amended to read: 3.16116L.98 WORKFORCE PROGRAM OUTCOMES. 3.17The commissioner shall develop and implement a set of standard approaches 3.18for assessing the outcomes of workforce programs under this chapter. The outcomes 3.19assessed must include, but are not limited to, periodic comparisons of workforce program 3.20participants and nonparticipants. new text begin By January 1 of each year, the commissioner shall new text end 3.21 new text begin report to the legislature on progress and outcomes of workforce programs, including the new text end 3.22 new text begin requirements under section 116L.99. The report regarding outcomes of activities under new text end 3.23 new text begin section 116L.99 must include data on: new text end 3.24 new text begin (1) the gender, race, and age of participants, including cross tabulations; new text end 3.25 new text begin (2) occupations; new text end 3.26 new text begin (3) geography; new text end 3.27 new text begin (4) advancement salaries; and new text end 3.28 new text begin (5) the gender pay gap within occupations. new text end 3.29The commissioner shall also monitor the activities and outcomes of programs and 3.30services funded by legislative appropriations and administered by the department on a 3.31pass-through basis and develop a consistent and equitable method of assessing recipients 3.32for the costs of its monitoring activities. 3.33    Sec. 3. new text begin [116L.99] WOMEN AND NONTRADITIONAL JOBS GRANT new text end 3.34 new text begin PROGRAM. new text end 4.1     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 4.2 new text begin have the meanings given. new text end 4.3 new text begin (b) "Commissioner" means the commissioner of employment and economic new text end 4.4 new text begin development. new text end 4.5 new text begin (c) ''Eligible organization'' includes, but is not limited to: new text end 4.6 new text begin (1) community-based organizations experienced in serving women; new text end 4.7 new text begin (2) employers; new text end 4.8 new text begin (3) business and trade associations; new text end 4.9 new text begin (4) labor unions and employee organizations; new text end 4.10 new text begin (5) registered apprenticeship programs; new text end 4.11 new text begin (6) secondary and postsecondary education institutions located in Minnesota; and new text end 4.12 new text begin (7) workforce and economic development agencies. new text end 4.13 new text begin (d) "Nontraditional occupations'' means those occupations in which women make new text end 4.14 new text begin up less than 25 percent of the workforce as defined under United States Code, title 20, new text end 4.15 new text begin section 2302. new text end 4.16 new text begin (e) "Registered apprenticeship program'' means a program registered under United new text end 4.17 new text begin States Code, title 29, section 50. new text end 4.18     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 4.19 new text begin nontraditional jobs grant program to increase the number of women in high-wage, new text end 4.20 new text begin nontraditional occupations. The commissioner shall make grants to eligible organizations new text end 4.21 new text begin for programs that encourage and assist women to enter high-wage, high-demand, new text end 4.22 new text begin nontraditional occupations including but not limited to those in the skilled trades, science, new text end 4.23 new text begin technology, engineering, and math (STEM) occupations. new text end 4.24     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 4.25 new text begin (1) recruitment, preparation, placement, and retention of women, including new text end 4.26 new text begin low-income women and women over 50 years old, in registered apprenticeships, new text end 4.27 new text begin postsecondary education programs, on-the-job training, and permanent employment in new text end 4.28 new text begin high-wage, high-demand, nontraditional occupations; new text end 4.29 new text begin (2) secondary or postsecondary education or other training to prepare women to new text end 4.30 new text begin succeed in nontraditional occupations. Activities under this clause may be conducted by new text end 4.31 new text begin the grantee or in collaboration with another institution, including but not limited to a new text end 4.32 new text begin public or private secondary or postsecondary school; new text end 4.33 new text begin (3) innovative, hands-on, best practices that stimulate interest in nontraditional new text end 4.34 new text begin occupations among girls, increase awareness among girls about opportunities in new text end 4.35 new text begin nontraditional occupations, or increase access to secondary programming leading to jobs new text end 5.1 new text begin in nontraditional occupations. Best practices include but are not limited to mentoring, new text end 5.2 new text begin internships, or apprenticeships for girls in nontraditional occupations; new text end 5.3 new text begin (4) training and other staff development for job seeker counselors and Minnesota new text end 5.4 new text begin family investment program (MFIP) caseworkers on opportunities in nontraditional new text end 5.5 new text begin occupations; new text end 5.6 new text begin (5) incentives for employers and sponsors of registered apprenticeship programs to new text end 5.7 new text begin retain women in nontraditional occupations for more than one year; new text end 5.8 new text begin (6) training and technical assistance for employers to create a safe and healthy new text end 5.9 new text begin workplace environment designed to retain and advance women, including best practices new text end 5.10 new text begin for addressing sexual harassment, and to overcome gender inequity among employers new text end 5.11 new text begin and registered apprenticeship programs; new text end 5.12 new text begin (7) public education and outreach activities to overcome stereotypes about women new text end 5.13 new text begin in nontraditional occupations, including the development of educational and marketing new text end 5.14 new text begin materials; and new text end 5.15 new text begin (8) support for women in nontraditional occupations including but not limited to new text end 5.16 new text begin assistance with workplace issues resolution and access to 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 paragraph (a); 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 nontraditional occupations; and new text end 5.27 new text begin (2) that leverage additional public and private resources. new text end 5.28 new text begin (d) At least 50 percent of total grant funds must be awarded to programs providing new text end 5.29 new text begin services and activities targeted to women with family incomes of less than 200 percent new text end 5.30 new text begin of the federal poverty guidelines. 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. new text begin [116L.991] WOMEN ENTREPRENEURS BUSINESS DEVELOPMENT new text end 6.2 new text begin GRANT PROGRAM. new text end 6.3     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purposes of this section, the following terms new text end 6.4 new text begin have the meanings given. new text end 6.5 new text begin (a) "Women-owned business" means a business entity owned or controlled by new text end 6.6 new text begin women that is organized for profit including, but not limited to, an individual, partnership, new text end 6.7 new text begin corporation, joint venture, association, or cooperative. "Owned or controlled by women" new text end 6.8 new text begin means: new text end 6.9 new text begin (1) that the business is at least 51 percent owned by one or more women or, in the new text end 6.10 new text begin case of any publicly traded business, at least 51 percent of the stock of which is owned by new text end 6.11 new text begin one or more women; and new text end 6.12 new text begin (2) the business has management and daily business operations that are controlled new text end 6.13 new text begin by one or more women. new text end 6.14 new text begin (b) "High economic impact firm" means a business that is projected to generate at new text end 6.15 new text begin least $500,000 in annual revenue and create at least ten high-quality jobs. new text end 6.16 new text begin (c) "Qualified business" means a women-owned business in the field of construction; new text end 6.17 new text begin transportation; warehousing; agriculture; mining; finance; insurance; professional, new text end 6.18 new text begin technical, or scientific services; technology; or other high economic impact business. new text end 6.19 new text begin (d) "High-quality job" means a job that pays an annual income equal to at least 150 new text end 6.20 new text begin percent of the federal poverty guideline adjusted for a family size of four. new text end 6.21     new text begin Subd. 2. new text end new text begin Program created. new text end new text begin The commissioner of employment and economic new text end 6.22 new text begin development shall operate a women entrepreneurs business development competitive new text end 6.23 new text begin grant program to facilitate the creation and expansion of high-growth, high-revenue, new text end 6.24 new text begin women-owned businesses that are a qualified business. new text end 6.25     new text begin Subd. 3. new text end new text begin Use of funds. new text end new text begin Funds available for the purpose of this section may be new text end 6.26 new text begin used for: new text end 6.27 new text begin (1) entrepreneurial training, mentoring, and technical assistance for the startup or new text end 6.28 new text begin expansion of businesses owned by women; new text end 6.29 new text begin (2) development of networks of potential investors; and new text end 6.30 new text begin (3) development of a recruitment program for midcareer women with an interest new text end 6.31 new text begin in starting a qualified business. new text end 6.32    Sec. 5. new text begin [363A.44] EQUAL PAY CERTIFICATE. new text end 6.33     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 6.34 new text begin Council, or an agency subject to section 473.143, subdivision 1, shall execute a contract or new text end 6.35 new text begin agreement in excess of $500,000 with a business that has 40 or more full-time employees new text end 7.1 new text begin in this state or a state where the business has its primary place of business on a single new text end 7.2 new text begin day during the prior 12 months, unless the business has an equal pay certificate or it has new text end 7.3 new text begin certified in writing that it is exempt. For purposes of this section, a business does not new text end 7.4 new text begin include an entity with a contract with a department or agency of the state if the entity has a new text end 7.5 new text begin license, certification, registration, provider agreement, or provider enrollment contract, new text end 7.6 new text begin which are prerequisite to providing goods and services to consumers under chapters 43A, new text end 7.7 new text begin 62A, 62C, 62D, 62E, 256B, 256L, and 256I. A certificate is valid for four years. new text end 7.8     new text begin (b) This section does not apply to contracts entered into by the State Board of new text end 7.9 new text begin Investment for investment options under section 352.965, subdivision 4. new text end 7.10     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 7.11 new text begin by paying a $150 filing fee and submitting an equal pay compliance statement to the new text end 7.12 new text begin commissioner. The proceeds from the fees collected under this subdivision shall be new text end 7.13 new text begin deposited in an equal pay certificate special revenue account. Money in the account is new text end 7.14 new text begin appropriated to the commissioner for the purposes of this section. The commissioner shall new text end 7.15 new text begin issue an equal pay certificate of compliance to a business that submits to the commissioner new text end 7.16 new text begin a statement signed by the chairperson of the board or chief executive officer of the business: new text end 7.17     new text begin (1) that the business is in compliance with Title VII of the Civil Rights Act of 1964, new text end 7.18 new text begin Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for new text end 7.19 new text begin Equal Work Law; new text end 7.20     new text begin (2) that wage and benefit disparities are corrected when identified to ensure new text end 7.21 new text begin compliance with the laws cited in clause (1); and new text end 7.22     new text begin (3) how often wages and benefits are evaluated to ensure compliance with the laws new text end 7.23 new text begin cited in clause (1). new text end 7.24     new text begin (b) The equal pay compliance statement shall also indicate whether the business, in new text end 7.25 new text begin setting compensation and benefits, utilizes: new text end 7.26     new text begin (1) a market pricing approach; new text end 7.27     new text begin (2) state prevailing wage or union contract requirements; new text end 7.28     new text begin (3) a performance pay system; new text end 7.29     new text begin (4) an internal analysis; or new text end 7.30     new text begin (5) an alternative approach to determine what level of wages and benefits to pay new text end 7.31 new text begin its employees. If the business uses an alternative approach, the business must provide a new text end 7.32 new text begin description of its approach. new text end 7.33     new text begin (c) Receipt of the equal pay compliance statement by the commissioner does not new text end 7.34 new text begin establish good-faith efforts or compliance with the laws set forth in paragraph (a), clause new text end 7.35 new text begin (1). new text end 8.1     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 8.2 new text begin equal pay certificate, or a statement of why the application was rejected, within 15 days of new text end 8.3 new text begin receipt of the application. An application may be rejected only if it does not comply with new text end 8.4 new text begin the requirements of subdivision 2. new text end 8.5     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 8.6 new text begin suspended or revoked by the commissioner when the business fails to make a good-faith new text end 8.7 new text begin effort to comply with the laws identified in subdivision 2, paragraph (a), clause (1), fails new text end 8.8 new text begin to make a good-faith effort to comply with this section, or has multiple violations of new text end 8.9 new text begin this section or the laws identified in subdivision 2, paragraph (a), clause (1). Prior to new text end 8.10 new text begin suspending or revoking a certificate, the commissioner must first have sought to conciliate new text end 8.11 new text begin with the business regarding wages and benefits due to employees. new text end 8.12     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 does new text end 8.13 new text begin not have an equal pay certificate as required under subdivision 1, the commissioner may new text end 8.14 new text begin void the contract on behalf of the state. The contract award entity that is a party to the new text end 8.15 new text begin agreement must be notified by the commissioner prior to the commissioner taking action new text end 8.16 new text begin to void the contract. new text end 8.17     new text begin (b) A contract may be abridged or terminated by the contract award entity identified new text end 8.18 new text begin in subdivision 1 upon notice that the commissioner has suspended or revoked the new text end 8.19 new text begin certificate of the business. new text end 8.20     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 8.21 new text begin hearing pursuant to sections 14.57 to 14.69 when the commissioner suspends or revokes new text end 8.22 new text begin its certificate by filing a written request for hearing 20 days after service of notice by new text end 8.23 new text begin the commissioner. new text end 8.24     new text begin (b) A business may obtain an administrative hearing pursuant to sections 14.57 to new text end 8.25 new text begin 14.69 when the contract award entity identified in subdivision 1 abridges or terminates new text end 8.26 new text begin a contract by filing a written request for a hearing 20 days after service of notice by the new text end 8.27 new text begin contract award entity. new text end 8.28     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 8.29 new text begin to any business that requests assistance regarding this section. new text end 8.30     new text begin Subd. 8. new text end new text begin Audit. new text end new text begin The commissioner shall have authority to audit compliance new text end 8.31 new text begin with this section to determine exempt status or with respect to employees expected to new text end 8.32 new text begin perform work under the contract by requesting information from the business necessary to new text end 8.33 new text begin determine compliance with this section and laws identified under subdivision 2, paragraph new text end 8.34 new text begin (a), clause (1). new text end 8.35     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 8.36 new text begin certificates are private data on individuals or nonpublic data with respect to persons other new text end 9.1 new text begin than department employees. The commissioner's decision to issue, not issue, revoke, or new text end 9.2 new text begin suspend an equal pay certificate is public data. new text end 9.3     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 9.4 new text begin ranking minority members of the committees in the senate and the house of representatives new text end 9.5 new text begin with primary jurisdiction over the department by January 31 of every even-numbered year, new text end 9.6 new text begin beginning January 31, 2016. The report shall indicate the number of equal pay certificates new text end 9.7 new text begin issued, the number of audits conducted, the processes used by contractors to ensure new text end 9.8 new text begin compliance with the laws cited in subdivision 2, paragraph (a), clause (1), and a summary new text end 9.9 new text begin of its auditing efforts. The commissioner shall consult with the Legislative Coordinating new text end 9.10 new text begin Commission Office on the Economic Status of Women in preparing the report. new text end 9.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to any new text end 9.12 new text begin solicitation made on or after that date. new text end 9.13    Sec. 6. new text begin REPORT; RETIREMENT SAVINGS PLAN. new text end 9.14 new text begin (a) The commissioner of management and budget must report to the legislature new text end 9.15 new text begin by January 15, 2015, on the potential for a state-administered retirement savings plan new text end 9.16 new text begin to serve employees without access to either an automatic enrollment payroll deduction new text end 9.17 new text begin IRA maintained or offered by their employer, or a multiemployer retirement plan or new text end 9.18 new text begin qualifying retirement plan or arrangement described in sections 414(f) and 219(g)(5), new text end 9.19 new text begin respectively, of the Internal Revenue Code of 1986, as amended through April 14, 2011. new text end 9.20 new text begin The potential state-administered plan would provide for individuals to make contributions new text end 9.21 new text begin to their own accounts to be pooled and invested by the State Board of Investment, with the new text end 9.22 new text begin benefit consisting of the balance in each individual's account, and with the state having no new text end 9.23 new text begin liability for investment earnings and losses, while discouraging employers from dropping new text end 9.24 new text begin existing retirement plan options. new text end 9.25 new text begin (b) The report must include: new text end 9.26 new text begin (1) estimates of the average amount of savings and other financial resources residents new text end 9.27 new text begin of Minnesota have upon retirement and those that are recommended for a financially new text end 9.28 new text begin secure retirement in Minnesota; new text end 9.29 new text begin (2) estimates of the relative progress toward achieving the savings recommended for new text end 9.30 new text begin a financially secure retirement by gender, race, and ethnicity; new text end 9.31 new text begin (3) barriers to savings and reasons individuals and employers may not be new text end 9.32 new text begin participating in existing private sector retirement plans; new text end 9.33 new text begin (4) estimated impact on publicly funded social safety net programs attributable to new text end 9.34 new text begin insufficient retirement savings, and the aggregate effect of potential state-administered new text end 9.35 new text begin plan options on publicly funded social safety net programs and the state economy; new text end 10.1 new text begin (5) estimates of the number of Minnesota workers who could be served by the new text end 10.2 new text begin potential state-administered plan, and the participation rate that would make the plan new text end 10.3 new text begin self-sustaining; new text end 10.4 new text begin (6) effect of federal tax laws and the federal Employee Retirement Income Security new text end 10.5 new text begin Act on a potential state-administered plan and on participating employers and employees, new text end 10.6 new text begin including the effect of these laws if the plan included potential for employer contributions, new text end 10.7 new text begin either commingled with or segregated from employee contributions; new text end 10.8 new text begin (7) comparison of a potential state-administered plan to private sector and federal new text end 10.9 new text begin government retirement savings options with regard to participation rates, contribution new text end 10.10 new text begin rates, risk-adjusted return expectations, and fees; new text end 10.11 new text begin (8) existing state and federal consumer protections that would apply to a potential new text end 10.12 new text begin state-administered plan and options for strengthening consumer protections for plan new text end 10.13 new text begin participants; new text end 10.14 new text begin (9) alternative ways and costs for the state to encourage similar outcomes to a new text end 10.15 new text begin state-administered plan; new text end 10.16 new text begin (10) options for state administration of the plan, including investment strategies for new text end 10.17 new text begin funds contributed to the plan in consultation with the State Board of Investment, the new text end 10.18 new text begin potential use and availability of investment strategies, private insurance, underwriting, new text end 10.19 new text begin or reinsurance against loss to limit or eliminate potential state liability and manage risk new text end 10.20 new text begin to the principal, and group annuities to ensure a stable stream of retirement income new text end 10.21 new text begin throughout beneficiaries' retirement years; new text end 10.22 new text begin (11) options for meeting the investment needs of participants based on income, new text end 10.23 new text begin desired liquidity, age, risk tolerance, and other factors determined by the commissioner; new text end 10.24 new text begin (12) options for the process by which individuals or employers would contribute to new text end 10.25 new text begin the plan, and their effect on participation rates, savings rates, and fees; new text end 10.26 new text begin (13) options discouraging employers from dropping existing employer-sponsored new text end 10.27 new text begin retirement savings plans in favor of a potential state-administered plan; new text end 10.28 new text begin (14) projected costs of administration, record keeping, and investment management, new text end 10.29 new text begin including staffing, legal, compliance, licensing, procurement, communications with new text end 10.30 new text begin employers and employees, oversight, marketing, technology and infrastructure, and the fee new text end 10.31 new text begin needed to cover these costs as a percentage of the average daily net assets of the potential new text end 10.32 new text begin state-administered plan, relative to asset size and plan structure, and projected by year of new text end 10.33 new text begin plan operation, with estimates of investment-related fees determined in consultation with new text end 10.34 new text begin the State Board of Investment; new text end 10.35 new text begin (15) how the projected fees compare with those of comparable retirement savings new text end 10.36 new text begin options in the private sector with similar risk-adjusted return expectations; and new text end 11.1 new text begin (16) other topics that the commissioner determines are relevant to legislative new text end 11.2 new text begin consideration of possible establishment of a state-administered plan. new text end 11.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 11.4    Sec. 7. new text begin APPROPRIATIONS. new text end 11.5     new text begin Subdivision 1. new text end new text begin Department of Human Rights. new text end new text begin $674,000 in fiscal year 2015 is new text end 11.6 new text begin appropriated from the general fund to the commissioner of human rights for the equal pay new text end 11.7 new text begin certificate program under Minnesota Statutes, section 363A.44. The base budget for this new text end 11.8 new text begin appropriation for fiscal year 2016 and later is $426,000. new text end 11.9     new text begin Subd. 2. new text end new text begin Minnesota Management and Budget. new text end new text begin $750,000 in fiscal year 2014 is new text end 11.10 new text begin appropriated from the general fund to the commissioner of Minnesota management and new text end 11.11 new text begin budget for the retirement savings plan report in section 6. This is a onetime appropriation new text end 11.12 new text begin and is available until expended. new text end 11.13     new text begin Subd. 3. new text end new text begin Department of Employment and Economic Development. new text end new text begin (a) new text end 11.14 new text begin $500,000 in fiscal year 2015 is appropriated from the general fund to the commissioner new text end 11.15 new text begin of employment and economic development for the women entrepreneurs business new text end 11.16 new text begin development grant program under Minnesota Statutes, section 166L.991. This is a onetime new text end 11.17 new text begin appropriation and is available until expended. new text end 11.18 new text begin (b) $500,000 in fiscal year 2015 is appropriated from the workforce development new text end 11.19 new text begin fund to the commissioner of employment and economic development for the women new text end 11.20 new text begin and nontraditional jobs grant program under Minnesota Statutes, section 166L.99. The new text end 11.21 new text begin commissioner may use up to five percent of the appropriation to administer the grant new text end 11.22 new text begin program. This is a onetime appropriation and is available until expended. new text end 11.23     new text begin Subd. 4. new text end new text begin Department of Labor and Industry. new text end new text begin (a) $250,000 in fiscal year 2015 new text end 11.24 new text begin is appropriated from the workforce development fund to the commissioner of labor and new text end 11.25 new text begin industry for the labor education advancement program under Minnesota Statutes, section new text end 11.26 new text begin 178.11, to educate, promote, assist, and support women to enter apprenticeship programs in new text end 11.27 new text begin nontraditional occupations. This is a onetime appropriation and is available until expended. new text end 11.28 new text begin (b) $24,000 in fiscal year 2015 is appropriated from the general fund to the new text end 11.29 new text begin commissioner of labor and industry for additional compliance and enforcement activities new text end 11.30 new text begin by the labor standards unit related to this act. new text end 12.1ARTICLE 3 12.2EMPLOYMENT PROTECTIONS 12.3    Section 1. new text begin [181.172] WAGE DISCLOSURE PROTECTION. new text end 12.4 new text begin (a) An employer shall not: new text end 12.5 new text begin (1) require nondisclosure by an employee of his or her wages as a condition of new text end 12.6 new text begin employment; new text end 12.7 new text begin (2) require an employee to sign a waiver or other document which purports to deny new text end 12.8 new text begin an employee the right to disclose the employee's wages; or new text end 12.9 new text begin (3) take any adverse employment action against an employee for disclosing the new text end 12.10 new text begin employee's own wages or discussing another employee's wages which have been disclosed new text end 12.11 new text begin voluntarily. new text end 12.12 new text begin (b) Nothing in this section shall be construed to: new text end 12.13 new text begin (1) create an obligation on any employer or employee to disclose wages; new text end 12.14 new text begin (2) permit an employee, without the written consent of the employer, to disclose new text end 12.15 new text begin proprietary information, trade secret information, or information that is otherwise subject new text end 12.16 new text begin to a legal privilege or protected by law; new text end 12.17 new text begin (3) diminish any existing rights under the National Labor Relations Act under new text end 12.18 new text begin United States Code, title 29; or new text end 12.19 new text begin (4) permit the employee to disclose wage information of other employees to a new text end 12.20 new text begin competitor of their employer. new text end 12.21 new text begin (c) An employer that provides an employee handbook to its employees must include new text end 12.22 new text begin in the handbook notice of employee rights and remedies under this section. new text end 12.23 new text begin (d) An employer may not retaliate against an employee for asserting rights or new text end 12.24 new text begin remedies under this section. new text end 12.25 new text begin (e) An employee may bring a civil action against an employer for a violation of new text end 12.26 new text begin paragraph (a) or (d). If a court finds that an employer has violated paragraph (a) or (d), the new text end 12.27 new text begin court may order reinstatement, back pay, restoration of lost service credit, if appropriate, new text end 12.28 new text begin and the expungement of any related adverse records of an employee who was the subject new text end 12.29 new text begin of the violation. new text end 12.30    Sec. 2. Minnesota Statutes 2012, section 181.939, is amended to read: 12.31181.939 NURSING MOTHERS. 12.32     new text begin Subdivision 1. new text end new text begin Employer duties. new text end new text begin (a) new text end An employer must provide reasonable unpaid 12.33break time each day to an employee who needs to express breast milk for her infant child. 12.34The break time must, if possible, run concurrently with any break time already provided to 13.1the employee. An employer is not required to provide break time under this section if to 13.2do so would unduly disrupt the operations of the employer. 13.3 new text begin (b) new text end The employer must make reasonable efforts to provide a room or other location, 13.4in 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 13.5 new text begin from view and free from intrusion from coworkers and the public and that includes access new text end 13.6 new text begin to an electrical outlet, new text end where the employee can express her milk in privacy. The employer 13.7would be held harmless if reasonable effort has been made. 13.8 new text begin (c) new text end For the purposes of this section, "employer" means a person or entity that 13.9employs one or more employees and includes the state and its political subdivisions. 13.10 new text begin (d) An employer may not retaliate against an employee for asserting rights or new text end 13.11 new text begin remedies under this section. new text end 13.12     new text begin Subd. 2. new text end new text begin Enforcement. new text end new text begin The Department of Labor and Industry shall enforce this new text end 13.13 new text begin section. The department shall assess a fine of up to $1,000 for a first violation and up to new text end 13.14 new text begin $2,000 for a second and subsequent violations of this section. A fine shall be assessed new text end 13.15 new text begin only if an employer fails to remedy a violation within 15 days of written notice of a new text end 13.16 new text begin violation from the department. new text end 13.17    Sec. 3. Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read: 13.18    Subd. 2. Employee. "Employee" means a person who performs services for hire for 13.19an employer from whom a leave is requested under sections 181.940 to 181.944 for: 13.20(1) at least 12 consecutive months immediately preceding the request; and 13.21(2) for an average number of hours per week equal to one-half the full-time 13.22equivalent position in the employee's job classification as defined by the employer's 13.23personnel policies or practices or pursuant to the provisions of a collective bargaining 13.24agreement, during those new text begin the new text end 12 months new text begin month period immediately preceding the leave new text end . 13.25Employee includes all individuals employed at any site owned or operated by the 13.26employer but does not include an independent contractor. 13.27    Sec. 4. Minnesota Statutes 2012, section 181.941, is amended to read: 13.28181.941 new text begin PREGNANCY AND new text end PARENTING LEAVE. 13.29    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 13.30employer must grant an unpaid leave of absence to an employee who is a natural or 13.31adoptive parent in conjunction with the birth or adoption of a child. The length of the 13.32leave shall be determined by the employee, but may not exceed six weeks, unless agreed 13.33to by the employer. new text begin : new text end 14.1 new text begin (1) a biological or adoptive parent in conjunction with the birth or adoption of a new text end 14.2 new text begin child; or new text end 14.3 new text begin (2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth, new text end 14.4 new text begin or related health conditions. new text end 14.5 new text begin (b) The length of the leave shall be determined by the employee, but must not exceed new text end 14.6 new text begin 12 weeks, unless agreed to by the employer. new text end 14.7    Subd. 2. Start of leave. The leave shall begin at a time requested by the employee. 14.8The employer may adopt reasonable policies governing the timing of requests for unpaid 14.9leave. new text begin and may require an employee who plans to take a leave under this section to give new text end 14.10 new text begin the employer reasonable notice of the date the leave shall commence and the estimated new text end 14.11 new text begin duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), new text end the 14.12leave 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 14.13adoption; except that, in the case where the child must remain in the hospital longer than 14.14the 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 14.15child leaves the hospital. 14.16    Subd. 3. No employer retribution. An employer shall not retaliate against an 14.17employee for requesting or obtaining a leave of absence as provided by this section. 14.18    Subd. 4. Continued insurance. The employer must continue to make coverage 14.19available to the employee while on leave of absence under any group insurance policy, 14.20group subscriber contract, or health care plan for the employee and any dependents. 14.21Nothing in this section requires the employer to pay the costs of the insurance or health 14.22care while the employee is on leave of absence. 14.23    Sec. 5. Minnesota Statutes 2013 Supplement, section 181.9413, is amended to read: 14.24181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES. 14.25(a) An employee may use personal sick leave benefits provided by the employer 14.26for absences due to an illness of or injury to the employee's child, as defined in section 14.27181.940, subdivision 4 , adult child, spouse, sibling, parent, new text begin grandchild, new text end grandparent, or 14.28stepparent, for reasonable periods of time as the employee's attendance may be necessary, 14.29on the same terms upon which the employee is able to use sick leave benefits for the 14.30employee's own illness or injury. This section applies only to personal sick leave benefits 14.31payable to the employee from the employer's general assets. 14.32(b) new text begin An employee may use sick leave as allowed under this section for safety leave, new text end 14.33 new text begin whether or not the employee's employer allows use of sick leave for that purpose for new text end 14.34 new text begin such reasonable periods of time as assistance may be necessary. Safety leave may be new text end 14.35 new text begin used for assistance to the employee or assistance to the relatives described in paragraph new text end 15.1 new text begin (a). For the purpose of this section, "safety leave" is leave for the purpose of providing new text end 15.2 new text begin or receiving assistance because of sexual assault, domestic abuse, or stalking. For the new text end 15.3 new text begin purpose of this paragraph: new text end 15.4 new text begin (1) "domestic abuse" has the meaning given in section 518B.01; new text end 15.5 new text begin (2) "sexual assault" means an act that constitutes a violation under sections 609.342 new text end 15.6 new text begin to 609.3453 or 609.352; and new text end 15.7 new text begin (3) "stalking" has the meaning given in section 609.749. new text end 15.8 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 15.9personal sick leave benefits provided by the employer for absences due to an illness of 15.10or injury to the employee's adult child, spouse, sibling, parent, new text begin grandchild, new text end grandparent, 15.11or stepparent to no less than 160 hours in any 12-month period. This paragraph does not 15.12apply to absences due to the illness or injury of a child, as defined in section 181.940, 15.13subdivision 4 . 15.14(c) new text begin (d) new text end For purposes of this section, "personal sick leave benefits" means time 15.15accrued and available to an employee to be used as a result of absence from work due 15.16to personal illness or injury, but does not include short-term or long-term disability or 15.17other salary continuation benefits. 15.18(d) new text begin (e) new text end For the purpose of this section, "child" includes a stepchild and a biological, 15.19adopted, and foster child. 15.20 new text begin (f) For the purpose of this section, "grandchild" includes a step-grandchild, and a new text end 15.21 new text begin biological, adopted, and foster grandchild. new text end 15.22(e) new text begin (g) new text end This section does not prevent an employer from providing greater sick leave 15.23benefits than are provided for under this section. 15.24 new text begin (h) An employer shall not retaliate against an employee for requesting or obtaining a new text end 15.25 new text begin leave of absence under this section. new text end 15.26    Sec. 6. new text begin [181.9414] PREGNANCY ACCOMMODATIONS. new text end 15.27     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 15.28 new text begin accommodations to an employee for the employee's medical or physical conditions related new text end 15.29 new text begin to pregnancy or childbirth, if the employee provides a written documentation of a medical new text end 15.30 new text begin necessity by a licensed health care provider or certified doula for an accommodation new text end 15.31 new text begin unless the employer demonstrates that the accommodation would impose an undue new text end 15.32 new text begin hardship on the operation of the employer's business. A pregnant employee shall not new text end 15.33 new text begin be required to provide documentation of medical necessity nor may an employer claim new text end 15.34 new text begin undue hardship for the following accommodations: (1) more frequent restroom, food, and new text end 15.35 new text begin water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and new text end 16.1 new text begin employer shall engage in an interactive process with respect to an employee's request for new text end 16.2 new text begin a reasonable accommodation. "Reasonable accommodation" may include, but is not new text end 16.3 new text begin limited to, temporary transfer to a less strenuous or hazardous position, seating, frequent new text end 16.4 new text begin restroom breaks, and limits to heavy lifting. Notwithstanding any other provision of new text end 16.5 new text begin this section, an employer shall not be required to create a new or additional position in new text end 16.6 new text begin order to accommodate an employee pursuant to this section, and shall not be required to new text end 16.7 new text begin discharge any employee, transfer any other employee with greater seniority, or promote new text end 16.8 new text begin any employee. new text end 16.9     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 16.10 new text begin affect any other provision of law relating to sex discrimination or pregnancy, or in any new text end 16.11 new text begin way to diminish the coverage of pregnancy, childbirth, or health conditions related to new text end 16.12 new text begin pregnancy or childbirth under any other provisions of any other law. new text end 16.13     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 16.14 new text begin employee for requesting or obtaining accommodation under this section. new text end 16.15     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 16.16 new text begin employee to take a leave or accept an accommodation. new text end 16.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.18    Sec. 7. Minnesota Statutes 2012, section 181.943, is amended to read: 16.19181.943 RELATIONSHIP TO OTHER LEAVE. 16.20(a) The length of parental leave provided under section 181.941 may be reduced 16.21by any period of paid parental or disability leave, but not accrued sick leave, provided 16.22by the employer, so that the total leave does not exceed six weeks, unless agreed to by 16.23the employer. new text begin : new text end 16.24 new text begin (1) paid parental, disability, personal, medical, or sick leave, or accrued vacation new text end 16.25 new text begin provided by the employer so that the total leave does not exceed 12 weeks, unless agreed new text end 16.26 new text begin to by the employer; or new text end 16.27 new text begin (2) leave taken for the same purpose by the employee under United States Code, new text end 16.28 new text begin title 29, chapter 28. new text end 16.29(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing 16.30leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise 16.31affects an employee's rights with respect to any other employment benefit. 16.32    Sec. 8. Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read: 17.1    Subdivision 1. Quit. An applicant who quit employment is ineligible for all 17.2unemployment benefits according to subdivision 10 except when: 17.3    (1) the applicant quit the employment because of a good reason caused by the 17.4employer as defined in subdivision 3; 17.5    (2) the applicant quit the employment to accept other covered employment that 17.6provided substantially better terms and conditions of employment, but the applicant did 17.7not work long enough at the second employment to have sufficient subsequent earnings to 17.8satisfy the period of ineligibility that would otherwise be imposed under subdivision 10 17.9for quitting the first employment; 17.10    (3) the applicant quit the employment within 30 calendar days of beginning the 17.11employment because the employment was unsuitable for the applicant; 17.12    (4) the employment was unsuitable for the applicant and the applicant quit to enter 17.13reemployment assistance training; 17.14    (5) the employment was part time and the applicant also had full-time employment 17.15in the base period, from which full-time employment the applicant separated because of 17.16reasons for which the applicant was held not to be ineligible, and the wage credits from 17.17the full-time employment are sufficient to meet the minimum requirements to establish a 17.18benefit account under section 268.07; 17.19    (6) the applicant quit because the employer notified the applicant that the applicant 17.20was going to be laid off because of lack of work within 30 calendar days. An applicant 17.21who quit employment within 30 calendar days of a notified date of layoff because of lack 17.22of work is ineligible for unemployment benefits through the end of the week that includes 17.23the scheduled date of layoff; 17.24    (7) the applicant quit the employment (i) because the applicant's serious illness or 17.25injury made it medically necessary that the applicant quit; or (ii) in order to provide 17.26necessary care because of the illness, injury, or disability of an immediate family member 17.27of the applicant. This exception only applies if the applicant informs the employer of 17.28the medical problem and requests accommodation and no reasonable accommodation 17.29is made available. 17.30    If the applicant's serious illness is chemical dependency, this exception does not 17.31apply if the applicant was previously diagnosed as chemically dependent or had treatment 17.32for chemical dependency, and since that diagnosis or treatment has failed to make 17.33consistent efforts to control the chemical dependency. 17.34    This exception raises an issue of the applicant's being available for suitable 17.35employment under section 268.085, subdivision 1, that the commissioner must determine; 18.1    (8) the applicant's loss of child care for the applicant's minor child caused the 18.2applicant to quit the employment, provided the applicant made reasonable effort to obtain 18.3other child care and requested time off or other accommodation from the employer and no 18.4reasonable accommodation is available. 18.5    This exception raises an issue of the applicant's being available for suitable 18.6employment under section 268.085, subdivision 1, that the commissioner must determine; 18.7    (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 18.8applicant or an immediate family member of the applicant, necessitated the applicant's 18.9quitting the employment. Domestic abuse must be shown by one or more of the following: 18.10    (i) a district court order for protection or other documentation of equitable relief 18.11issued by a court; 18.12    (ii) a police record documenting the domestic abuse; 18.13    (iii) documentation that the perpetrator of the domestic abuse has been convicted 18.14of the offense of domestic abuse; 18.15    (iv) medical documentation of domestic abuse; or 18.16    (v) written statement that the applicant or an immediate family member of the 18.17applicant is a victim of domestic abuse, provided by a social worker, member of the 18.18clergy, shelter worker, attorney at law, or other professional who has assisted the applicant 18.19in dealing with the domestic abuse. 18.20    Domestic abuse for purposes of this clause is defined under section ; or 18.21 new text begin For purposes of this paragraph: new text end 18.22 new text begin (1) "domestic abuse" has the meaning given in section 518B.01; new text end 18.23 new text begin (2) "sexual assault" means an act that would constitute a violation of sections new text end 18.24 new text begin 609.342 to 609.3453 or 609.352; and new text end 18.25 new text begin (3) "stalking" means an act that would constitute a violation of section 609.749; or new text end 18.26(10) the applicant quit in order to relocate to accompany a spouse whose job location 18.27changed making it impractical for the applicant to commute. 18.28 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 18.29 new text begin determinations and appeal decisions issued on or after that date. new text end 18.30    Sec. 9. Minnesota Statutes 2012, section 268.095, subdivision 6, is amended to read: 18.31    Subd. 6. Employment misconduct defined. (a) Employment misconduct means any 18.32intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly: 18.33(1) a serious violation of the standards of behavior the employer has the right to 18.34reasonably expect of the employee; or 18.35(2) a substantial lack of concern for the employment. 19.1(b) Regardless of paragraph (a), the following is not employment misconduct: 19.2(1) conduct that was a consequence of the applicant's mental illness or impairment; 19.3    (2) conduct that was a consequence of the applicant's inefficiency or inadvertence; 19.4(3) simple unsatisfactory conduct; 19.5(4) conduct an average reasonable employee would have engaged in under the 19.6circumstances; 19.7(5) conduct that was a consequence of the applicant's inability or incapacity; 19.8(6) good faith errors in judgment if judgment was required; 19.9(7) absence because of illness or injury of the applicant, with proper notice to the 19.10employer; 19.11(8) absence, with proper notice to the employer, in order to provide necessary care 19.12because of the illness, injury, or disability of an immediate family member of the applicant; 19.13    (9) conduct that was a consequence of the applicant's chemical dependency, unless 19.14the applicant was previously diagnosed chemically dependent or had treatment for 19.15chemical dependency, and since that diagnosis or treatment has failed to make consistent 19.16efforts to control the chemical dependency; or 19.17    (10) conduct that was a consequence of the applicant, or an immediate family 19.18member of the applicant, being a victim of domestic abuse as defined under section 19.19 new text begin , sexual assault, or stalking new text end . Domestic abuse must be shown as provided for in 19.20subdivision 1, clause (9). 19.21    (c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20, 19.22169A.31 , or 169A.50 to 169A.53 that interferes with or adversely affects the employment 19.23is employment misconduct. 19.24(d) If the conduct for which the applicant was discharged involved only a single 19.25incident, that is an important fact that must be considered in deciding whether the conduct 19.26rises to the level of employment misconduct under paragraph (a). This paragraph does 19.27not require that a determination under section 268.101 or decision under section 268.105 19.28contain a specific acknowledgment or explanation that this paragraph was considered. 19.29    (e) The definition of employment misconduct provided by this subdivision is 19.30exclusive and no other definition applies. 19.31 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 19.32 new text begin determinations and appeal decisions issued on or after that date. new text end