1.1 	A bill for an act
1.2 	relating to labor; making policy and technical changes to programs and provisions 
1.3 	under the Department of Labor and Industry; making policy and technical changes 
1.4 	to provisions under the Bureau of Mediation Services;amending Minnesota Statutes 
1.5 	2022, sections 13.79, subdivision 1; 13.7905, by adding a subdivision; 177.23, by 
1.6 	adding subdivisions; 177.24, subdivision 1, by adding a subdivision; 177.30; 
1.7 	178.011, subdivision 9; 178.012, subdivision 1; 178.035, subdivisions 2, 4, 6, 7; 
1.8 	178.036, subdivisions 3, 4, 5, 6, 7; 178.044, subdivision 3; 178.07, subdivisions 
1.9 	1, 3; 178.09, subdivision 2; 178.091, subdivisions 2, 4, by adding subdivisions; 
1.10 	178.10; 179.01, subdivisions 1, 9, 16; 179.06; 179.08; 179.11; 179.12; 179.254, 
1.11 	subdivision 1; 179.256; 179.26; 179.27; 179.35, subdivision 1; 179.40; 179.43; 
1.12 	179A.02; 179A.03, subdivision 17; 179A.06, subdivisions 1, 2, 3; 179A.08, 
1.13 	subdivision 2; 179A.10, subdivision 1; 179A.104, subdivision 1; 179A.12, 
1.14 	subdivision 1; 179A.15; 179A.16, subdivisions 1, 7; 179A.18, subdivisions 2, 3; 
1.15 	179A.19, subdivision 6; 179A.20, subdivision 4; 179A.23; 181.941, subdivision 
1.16 	4; 181.943; 181.950, by adding a subdivision; 181.951, subdivision 1; 181A.08; 
1.17 	181A.12, subdivision 1, by adding subdivisions; 182.664, subdivisions 3, 5; 
1.18 	182.665; 182.666, subdivision 6; 182.667, by adding a subdivision; 326.02, 
1.19 	subdivision 5; 326B.0981, subdivisions 3, 4, 8; 326B.33, subdivisions 7, 21; 
1.20 	326B.36, subdivision 2; 326B.46, subdivision 6; 626.892, subdivision 12; 
1.21 	Minnesota Statutes 2023 Supplement, sections 177.27, subdivisions 2, 4, 7; 177.42, 
1.22 	subdivision 2; 178.01; 181.212, subdivision 7; 181.213, subdivision 1; 181.531, 
1.23 	subdivision 3; 181.939, subdivision 2; 181.953, subdivisions 1, 3, by adding a 
1.24 	subdivision; 182.6526, subdivision 1; 182.677, subdivisions 1, 2; 204B.19, 
1.25 	subdivision 6; 326B.36, subdivision 7; proposing coding for new law in Minnesota 
1.26 	Statutes, chapters 178; 181; 182; repealing Minnesota Statutes 2022, section 
1.27 	178.036, subdivision 10; Minnesota Rules, parts 5200.0080, subpart 7; 5200.0400; 
1.28 	5510.0310, subpart 13.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	ARTICLE 1
2.3 	CONSTRUCTION CODES AND LICENSING

2.4 	Section 1. Minnesota Statutes 2022, section 326.02, subdivision 5, is amended to read:
2.5 		Subd. 5.Limitation. The provisions of sections 326.02 to 326.15 shall not apply to the 
2.6 	preparation of plans and specifications for the erection, enlargement, or alteration of any 
2.7 	building or other structure by any person, for that person's exclusive occupancy or use, 
2.8 	unless such occupancy or use involves the public health or safety or the health or safety of 
2.9 	the employees of said person, or of the buildings listed in section 326.03, subdivision 2, nor 
2.10 	to any detailed or shop plans required to be furnished by a contractor to a registered engineer, 
2.11 	landscape architect, architect, or certified interior designer, nor to any standardized 
2.12 	manufactured product, nor to any construction superintendent supervising the execution of 
2.13 	work designed by an architect, landscape architect, engineer, or certified interior designer 
2.14 	licensed or certified in accordance with section 326.03, nor to the planning for and 
2.15 	supervision of the construction and installation of work by an electrical or elevator contractor 
2.16 	or master plumber as defined in and licensed pursuant to chapter 326B, nor to the planning 
2.17 	for and supervision of the construction and installation of work by a licensed well contractor 
2.18 	as defined and licensed pursuant to chapter 103I, where such work is within the scope of 
2.19 	such licensed activity and not within the practice of professional engineering, or architecture, 
2.20 	or where the person does not claim to be a certified interior designer as defined in subdivision 
2.21 	2, 3, or 4b.

2.22 	Sec. 2. Minnesota Statutes 2022, section 326B.0981, subdivision 3, is amended to read:
2.23 		Subd. 3.Content. (a) Continuing education consists of approved courses that impart 
2.24 	appropriate and related knowledge in the regulated industries pursuant to this chapter and 
2.25 	other applicable federal and state laws, rules, and regulations. Courses may include relevant 
2.26 	materials that are included in licensing exams subject to the limitations imposed in 
2.27 	subdivision 11. The burden of demonstrating that courses impart appropriate and related 
2.28 	knowledge is upon the person seeking approval or credit.
2.29 	(b) Except as required for Internet continuing education, course examinations will not 
2.30 	be required for continuing education courses.
2.31 	(c) If textbooks are not used as part of the course, the sponsor must provide students 
2.32 	with a syllabus containing the course title; the times and dates of the course offering; the 
2.33 	name, address, and telephone number of the course sponsor; the name and affiliation of the 
3.1 	instructor; and a detailed outline of the subject materials to be covered. Any written or 
3.2 	printed material given to students must be of readable quality and contain accurate and 
3.3 	current information.
3.4 	(d) Upon completion of an approved course, licensees shall earn one hour of continuing 
3.5 	education credit for each classroom hour approved by the commissioner. Each continuing 
3.6 	education course must be attended in its entirety in order to receive credit for the number 
3.7 	of approved hours. Courses may be approved for full or partial credit, and for more than 
3.8 	one regulated industry.
3.9 	(e) Continuing education credit in an approved course shall be awarded to presenting 
3.10 	instructors on the basis of one credit for each hour of the initial presentation. Continuing 
3.11 	education credits for completion of an approved course may only be used once for renewal 
3.12 	of a specific license.
3.13 	(f) Courses will be approved using the following guidelines:
3.14 	(1) course content must demonstrate significant intellectual or practical content and deal 
3.15 	with matters directly related to the practice in the regulated industry, workforce safety, or 
3.16 	the business of running a company in the regulated industry. Courses may also address the 
3.17 	professional responsibility or ethical obligations of a licensee related to work in the regulated 
3.18 	industry;
3.19 	(2) the following courses may be approved if they are specifically designed for the 
3.20 	regulated industry and are in compliance with paragraph (g):
3.21 	(i) courses approved by the Minnesota Board of Continuing Legal Education; or
3.22 	(ii) courses approved by the International Code Council, National Association of Home 
3.23 	Building, or other nationally recognized professional organization of the regulated industry; 
3.24 	and
3.25 	(3) courses must be presented and attended in a suitable classroom or construction setting, 
3.26 	except for Internet education courses which must meet the requirements of subdivision 5a
3.27 	4. Courses presented via video recording, simultaneous broadcast, or teleconference may 
3.28 	be approved provided the sponsor is available at all times during the presentation, except 
3.29 	for Internet education courses which must meet the requirements of subdivision 5a 4.
3.30 	(g) The following courses will not be approved for credit:
3.31 	(1) courses designed solely to prepare students for a license examination;
4.1 	(2) courses in mechanical office skills, including typing, speed reading, or other machines 
4.2 	or equipment. Computer courses are allowed, if appropriate and related to the regulated 
4.3 	industry;
4.4 	(3) courses in sales promotion, including meetings held in conjunction with the general 
4.5 	business of the licensee;
4.6 	(4) courses in motivation, salesmanship, psychology, or personal time management;
4.7 	(5) courses that are primarily intended to impart knowledge of specific products of 
4.8 	specific companies, if the use of the product or products relates to the sales promotion or 
4.9 	marketing of one or more of the products discussed; or
4.10 	(6) courses where any of the educational content of the course is the State Building Code 
4.11 	that include code provisions that have not been adopted into the State Building Code unless 
4.12 	the course materials clarify that the code provisions have been officially adopted into a 
4.13 	future version of the State Building Code and the effective date of enforcement.
4.14 	(h) Nothing in this subdivision shall limit an authority expressly granted to the Board 
4.15 	of Electricity, Board of High Pressure Piping Systems, or Plumbing Board.

4.16 	Sec. 3. Minnesota Statutes 2022, section 326B.0981, subdivision 4, is amended to read:
4.17 		Subd. 4.Internet continuing education. (a) The design and delivery of an Internet 
4.18 	continuing education course must be approved by the International Distance Education 
4.19 	Certification Center (IDECC) or the International Association for Continuing Education 
4.20 	and Training (IACET) before the course is submitted for the commissioner's approval. The 
4.21 	approval must accompany the course submitted.
4.22 	(b) Paragraphs (a) and (c) (d) do not apply to approval of an Internet continuing education 
4.23 	course for manufactured home installers. An Internet continuing education course for 
4.24 	manufactured home installers must be approved by the United States Department of Housing 
4.25 	and Urban Development or by the commissioner of labor and industry. The approval must 
4.26 	accompany the course completion certificate issued to each student by the course sponsor.
4.27 	(c) Paragraph (a) does not apply to approval of an Internet continuing education course 
4.28 	for elevator constructors. An Internet continuing education course for elevator constructors 
4.29 	must be approved by the commissioner of labor and industry. The approval must accompany 
4.30 	the course completion certificate issued to each student by the course sponsor.
4.31 	(c) (d) An Internet continuing education course must:
4.32 	(1) specify the minimum computer system requirements;
5.1 	(2) provide encryption that ensures that all personal information, including the student's 
5.2 	name, address, and credit card number, cannot be read as it passes across the Internet;
5.3 	(3) include technology to guarantee seat time;
5.4 	(4) include a high level of interactivity;
5.5 	(5) include graphics that reinforce the content;
5.6 	(6) include the ability for the student to contact an instructor or course sponsor within 
5.7 	a reasonable amount of time;
5.8 	(7) include the ability for the student to get technical support within a reasonable amount 
5.9 	of time;
5.10 	(8) include a statement that the student's information will not be sold or distributed to 
5.11 	any third party without prior written consent of the student. Taking the course does not 
5.12 	constitute consent;
5.13 	(9) be available 24 hours a day, seven days a week, excluding minimal downtime for 
5.14 	updating and administration, except that this provision does not apply to live courses taught 
5.15 	by an actual instructor and delivered over the Internet;
5.16 	(10) provide viewing access to the online course at all times to the commissioner, 
5.17 	excluding minimal downtime for updating and administration;
5.18 	(11) include a process to authenticate the student's identity;
5.19 	(12) inform the student and the commissioner how long after its purchase a course will 
5.20 	be accessible;
5.21 	(13) inform the student that license education credit will not be awarded for taking the 
5.22 	course after it loses its status as an approved course;
5.23 	(14) provide clear instructions on how to navigate through the course;
5.24 	(15) provide automatic bookmarking at any point in the course;
5.25 	(16) provide questions after each unit or chapter that must be answered before the student 
5.26 	can proceed to the next unit or chapter;
5.27 	(17) include a reinforcement response when a quiz question is answered correctly;
5.28 	(18) include a response when a quiz question is answered incorrectly;
5.29 	(19) include a final examination in which the student must correctly answer 70 percent 
5.30 	of the questions;
6.1 	(20) allow the student to go back and review any unit at any time, except during the final 
6.2 	examination;
6.3 	(21) provide a course evaluation at the end of the course. At a minimum, the evaluation 
6.4 	must ask the student to report any difficulties caused by the online education delivery 
6.5 	method;
6.6 	(22) provide a completion certificate when the course and exam have been completed 
6.7 	and the provider has verified the completion. Electronic certificates are sufficient and shall 
6.8 	include the name of the provider, date and location of the course, educational program 
6.9 	identification that was provided by the department, hours of instruction or continuing 
6.10 	education hours, and licensee's or attendee's name and license, certification, or registration 
6.11 	number or the last four digits of the licensee's or attendee's Social Security number; and
6.12 	(23) allow the commissioner the ability to electronically review the class to determine 
6.13 	if credit can be approved.
6.14 	(d) (e) The final examination must be either an encrypted online examination or a paper 
6.15 	examination that is monitored by a proctor who certifies that the student took the examination.

6.16 	Sec. 4. Minnesota Statutes 2022, section 326B.0981, subdivision 8, is amended to read:
6.17 		Subd. 8.Facilities. Except for Internet education offered pursuant to subdivision 5a 4, 
6.18 	each course of study must be conducted in a classroom or other facility that is adequate to 
6.19 	comfortably accommodate the instructors and the number of students enrolled. The sponsor 
6.20 	may limit the number of students enrolled in a course.

6.21 	Sec. 5. Minnesota Statutes 2022, section 326B.33, subdivision 7, is amended to read:
6.22 		Subd. 7.Power limited technician. (a) Except as otherwise provided by law, no 
6.23 	individual shall install, alter, repair, plan, lay out, or supervise the installing, altering, 
6.24 	repairing, planning, or laying out of electrical wiring, apparatus, or equipment for technology 
6.25 	circuits or systems unless:
6.26 	(1) the individual is licensed by the commissioner as a power limited technician; and
6.27 	(2) the electrical work is:
6.28 	(i) for a licensed contractor and the individual is an employee, partner, or officer of, or 
6.29 	is the licensed contractor; or
6.30 	(ii) performed under the direct supervision of a master electrician or power limited 
6.31 	technician also employed by the individual's employer on technology circuits, systems, 
7.1 	apparatus, equipment, or facilities that are owned or leased by the employer and that are 
7.2 	located within the limits of property operated, maintained, and either owned or leased by 
7.3 	the employer.
7.4 	(b) An applicant for a power limited technician's license shall (1) be a graduate of a 
7.5 	four-year electrical course offered by an accredited college or university; or (2) have had 
7.6 	at least 36 months' experience, acceptable to the commissioner, in planning for, laying out, 
7.7 	supervising, installing, altering, and repairing wiring, apparatus, or equipment for power 
7.8 	limited systems, provided however, that up to 12 months (2,000 hours) of experience credit 
7.9 	for successful completion of a two-year post high school electrical course or other technical 
7.10 	training approved by the commissioner may be allowed.
7.11 	(c) Licensees must attain 16 hours of continuing education acceptable to the board every 
7.12 	renewal period.
7.13 	(d) A company holding an alarm and communication license as of June 30, 2003, may 
7.14 	designate one individual who may obtain a power limited technician license without passing 
7.15 	an examination administered by the commissioner by submitting an application and license 
7.16 	fee of $30.
7.17 	(e) A person who has submitted an application by December 30, 2007, to take the power 
7.18 	limited technician examination administered by the department is not required to meet the 
7.19 	qualifications set forth in paragraph (b).

7.20 	Sec. 6. Minnesota Statutes 2022, section 326B.33, subdivision 21, is amended to read:
7.21 		Subd. 21.Exemptions from licensing. (a) An individual who is a maintenance electrician 
7.22 	is not required to hold or obtain a license under sections 326B.31 to 326B.399 if:
7.23 	(1) the individual is engaged in the maintenance and repair of electrical equipment, 
7.24 	apparatus, and facilities that are owned or leased by the individual's employer and that are 
7.25 	located within the limits of property operated, maintained, and either owned or leased by 
7.26 	the individual's employer;
7.27 	(2) the individual is supervised by:
7.28 	(i) the responsible master electrician for a contractor who has contracted with the 
7.29 	individual's employer to provide services for which a contractor's license is required; or
7.30 	(ii) a licensed master electrician, a licensed maintenance electrician, an electrical engineer, 
7.31 	or, if the maintenance and repair work is limited to technology circuits or systems work, a 
7.32 	licensed power limited technician; and
8.1 	(3) the individual's employer has on file with the commissioner a current certificate of 
8.2 	responsible person, signed by the responsible master electrician of the contractor, the licensed 
8.3 	master electrician, the licensed maintenance electrician, the electrical engineer, or the 
8.4 	licensed power limited technician, and stating that the person signing the certificate is 
8.5 	responsible for ensuring that the maintenance and repair work performed by the employer's 
8.6 	employees complies with the Minnesota Electrical Act and the rules adopted under that act. 
8.7 	The employer must pay a filing fee to file a certificate of responsible person with the 
8.8 	commissioner. The certificate shall expire two years from the date of filing. In order to 
8.9 	maintain a current certificate of responsible person, the employer must resubmit a certificate 
8.10 	of responsible person, with a filing fee, no later than two years from the date of the previous 
8.11 	submittal.
8.12 	(b) Employees of a licensed electrical or technology systems contractor or other employer 
8.13 	where provided with supervision by a master electrician in accordance with subdivision 1, 
8.14 	or power limited technician in accordance with subdivision 7, paragraph (a), clause (1), are 
8.15 	not required to hold a license under sections 326B.31 to 326B.399 for the planning, laying 
8.16 	out, installing, altering, and repairing of technology circuits or systems except planning, 
8.17 	laying out, or installing:
8.18 	(1) in other than residential dwellings, class 2 or class 3 remote control circuits that 
8.19 	control circuits or systems other than class 2 or class 3, except circuits that interconnect 
8.20 	these systems through communication, alarm, and security systems are exempted from this 
8.21 	paragraph;
8.22 	(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 
8.23 	physically unprotected circuits other than class 2 or class 3; or
8.24 	(3) technology circuits or systems in hazardous classified locations as covered by chapter 
8.25 	5 of the National Electrical Code.
8.26 	(c) Companies and their employees that plan, lay out, install, alter, or repair class 2 and 
8.27 	class 3 remote control wiring associated with plug or cord and plug connected appliances 
8.28 	other than security or fire alarm systems installed in a residential dwelling are not required 
8.29 	to hold a license under sections 326B.31 to 326B.399.
8.30 	(d) Heating, ventilating, air conditioning, and refrigeration contractors and their 
8.31 	employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 
8.32 	when performing heating, ventilating, air conditioning, or refrigeration work as described 
8.33 	in section 326B.38.
9.1 	(e) Employees of any electrical, communications, or railway utility, cable communications 
9.2 	company as defined in section 238.02, or a telephone company as defined under section 
9.3 	237.01 or its employees, or of any independent contractor performing work on behalf of 
9.4 	any such utility, cable communications company, or telephone company, shall not be required 
9.5 	to hold a license under sections 326B.31 to 326B.399:
9.6 	(1) while performing work on installations, materials, or equipment which are owned 
9.7 	or leased, and operated and maintained by such utility, cable communications company, or 
9.8 	telephone company in the exercise of its utility, antenna, or telephone function, and which:
9.9 	(i) are used exclusively for the generation, transformation, distribution, transmission, or 
9.10 	metering of electric current, or the operation of railway signals, or the transmission of 
9.11 	intelligence and do not have as a principal function the consumption or use of electric current 
9.12 	or provided service by or for the benefit of any person other than such utility, cable 
9.13 	communications company, or telephone company; and
9.14 	(ii) are generally accessible only to employees of such utility, cable communications 
9.15 	company, or telephone company or persons acting under its control or direction; and
9.16 	(iii) are not on the load side of the service point or point of entrance for communication 
9.17 	systems;
9.18 	(2) while performing work on installations, materials, or equipment which are a part of 
9.19 	the street lighting operations of such utility; or
9.20 	(3) while installing or performing work on outdoor area lights which are directly 
9.21 	connected to a utility's distribution system and located upon the utility's distribution poles, 
9.22 	and which are generally accessible only to employees of such utility or persons acting under 
9.23 	its control or direction.
9.24 	(f) An owner shall not be individual who physically performs electrical work on a 
9.25 	residential dwelling that is located on a property the individual owns and actually occupies 
9.26 	as a residence or owns and will occupy as a residence upon completion of its construction 
9.27 	is not required to hold or obtain a license under sections 326B.31 to 326B.399 if the 
9.28 	residential dwelling has a separate electrical utility service not shared with any other 
9.29 	residential dwelling.
9.30 	(g) Companies and their employees licensed under section 326B.164 shall not be required 
9.31 	to hold or obtain a license under sections 326B.31 to 326B.399 while performing elevator 
9.32 	work.

10.1 	Sec. 7. Minnesota Statutes 2022, section 326B.36, subdivision 2, is amended to read:
10.2 		Subd. 2.Technology systems. (a) The installation of the technology circuits or systems 
10.3 	described in paragraph (b), except:
10.4 	(1) minor work performed by a contractor;
10.5 	(2) work performed by a heating, ventilating, or air conditioning contractor as described 
10.6 	in section 326B.38; and
10.7 	(3) work performed by cable company employees when installing cable communications 
10.8 	systems or telephone company employees when installing telephone systems,
10.9 	must be inspected as provided in this section for compliance with the applicable provisions 
10.10 	of the National Electrical Code and the applicable provisions of the National Electrical 
10.11 	Safety Code, as those codes were approved by the American National Standards Institute.
10.12 	(b) The inspection requirements in paragraph (a) apply to:
10.13 	(1) class 2 or class 3 remote control circuits that control circuits or systems other than 
10.14 	class 2 or class 3, except circuits that interconnect these systems exempted by section 
10.15 	326B.33, subdivision 21, paragraph (b), other than fire alarm; class 2 or class 3 circuits in 
10.16 	electrical cabinets, enclosures, or devices containing physically unprotected circuits other 
10.17 	than class 2 or class 3; or technology circuits and systems in hazardous classified locations 
10.18 	as covered by chapter 5 of the National Electrical Code;
10.19 	(2) fire alarm systems, other than in one- or two-family dwellings, as defined in articles 
10.20 	100 and 760 of the National Electrical Code;
10.21 	(3) technology circuits and systems contained within critical care areas of health care 
10.22 	facilities as defined by the safety standards identified in section 326B.35, including, but not 
10.23 	limited to, anesthesia and resuscitative alarm and alerting systems, medical monitoring, and 
10.24 	nurse call systems; and
10.25 	(4) physical security systems within detention facilities; and.
10.26 	(5) circuitry and equipment for indoor lighting systems as defined in article 411 of the 
10.27 	National Electrical Code.
10.28 	(c) For the purposes of this subdivision "minor work" means the adjustment or repair 
10.29 	and replacement of worn or defective parts of a technology circuit or system. Minor work 
10.30 	may be inspected under this section at the request of the owner of the property or the person 
10.31 	doing the work.
11.1 	(d) Notwithstanding this subdivision, if an electrical inspector observes that a contractor, 
11.2 	employer, or owner has not complied with accepted standards when the work was performed, 
11.3 	as provided in the most recent editions of the National Electrical Code and the National 
11.4 	Electrical Safety Code as approved by the American National Standards Institute, the 
11.5 	inspector may order the contractor, employer, or owner who has performed the work to file 
11.6 	a request for electrical inspection an electrical permit, pay an inspection fee, and make any 
11.7 	necessary repairs to comply with applicable standards and require that the work be inspected.

11.8 	Sec. 8. Minnesota Statutes 2023 Supplement, section 326B.36, subdivision 7, is amended 
11.9 	to read:
11.10 		Subd. 7.Exemptions from inspections. Installations, materials, or equipment shall not 
11.11 	be subject to inspection under sections 326B.31 to 326B.399:
11.12 	(1) when owned or leased, operated and maintained by any employer whose maintenance 
11.13 	electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing 
11.14 	electrical maintenance work only as defined by rule;
11.15 	(2) when owned or leased, and operated and maintained by any electrical, 
11.16 	communications, or railway utility, cable communications company as defined in section 
11.17 	238.02, or telephone company as defined under section 237.01, in the exercise of its utility, 
11.18 	antenna, or telephone function; and
11.19 	(i) are used exclusively for the generations, transformation, distribution, transmission, 
11.20 	load control, or metering of electric current, or the operation of railway signals, or the 
11.21 	transmission of intelligence, and do not have as a principal function the consumption or use 
11.22 	of electric current by or for the benefit of any person other than such utility, cable 
11.23 	communications company, or telephone company; and
11.24 	(ii) are generally accessible only to employees of such utility, cable communications 
11.25 	company, or telephone company or persons acting under its control or direction; and
11.26 	(iii) are not on the load side of the service point or point of entrance for communication 
11.27 	systems;
11.28 	(3) when used in the street lighting operations of an electrical utility;
11.29 	(4) when used as outdoor area lights which are owned and operated by an electrical 
11.30 	utility and which are connected directly to its distribution system and located upon the 
11.31 	utility's distribution poles, and which are generally accessible only to employees of such 
11.32 	utility or persons acting under its control or direction;
12.1 	(5) when the installation, material, and equipment are in facilities subject to the 
12.2 	jurisdiction of the federal Mine Safety and Health Act; or
12.3 	(6) when the installation, material, and equipment is part of an elevator installation for 
12.4 	which the elevator contractor, licensed under section 326B.164, is required to obtain a permit 
12.5 	from the authority having jurisdiction as provided by section 326B.184, and the inspection 
12.6 	has been or will be performed by an elevator inspector certified and licensed by the 
12.7 	department. This exemption shall apply only to installations, material, and equipment 
12.8 	permitted or required to be connected on the load side of the disconnecting means required 
12.9 	for elevator equipment under the National Electrical Code Article 620, and elevator 
12.10 	communications and alarm systems within the machine room, car, hoistway, or elevator 
12.11 	lobby.

12.12 	Sec. 9. Minnesota Statutes 2022, section 326B.46, subdivision 6, is amended to read:
12.13 		Subd. 6.Well contractor exempt from licensing and bond; conditions. No license, 
12.14 	registration, or bond under sections 326B.42 to 326B.49 is required of a well contractor or 
12.15 	a limited well/boring contractor who is licensed and bonded under section 103I.525 or 
12.16 	103I.531 and is engaged in the work or business of designing and installing:
12.17 	(1) water service pipe from a well to a pressure tank;
12.18 	(2) a frost-free water hydrant with an antisiphon device on a well water service pipe 
12.19 	located entirely outside of a building requiring potable water;
12.20 	(3) a control valve, located outside the building, on a well water service pipe; or
12.21 	(4) a main control valve located within two feet of the pressure tank on the distribution 
12.22 	supply line.

12.23 	ARTICLE 2
12.24 	LABOR STANDARDS

12.25 	Section 1. Minnesota Statutes 2022, section 13.79, subdivision 1, is amended to read:
12.26 		Subdivision 1.Identity of employees making complaints complainants. Data that 
12.27 	identify complaining employees and that appear on complaint forms received by individuals 
12.28 	who have complained to the Department of Labor and Industry concerning alleged violations 
12.29 	of the Fair Labor Standards Act, section 181.75 or 181.9641, chapter 177; chapter 181; 
12.30 	sections 179.86 to 179.877; chapter 181A; or rules adopted pursuant to these statutes, are 
12.31 	classified as private data. The commissioner may disclose this data to other government 
12.32 	entities with written consent from the complainant if the commissioner determines that the 
13.1 	disclosure furthers an enforcement action of the Department of Labor and Industry or another 
13.2 	government entity.

13.3 	Sec. 2. Minnesota Statutes 2023 Supplement, section 177.27, subdivision 2, is amended 
13.4 	to read:
13.5 		Subd. 2.Submission of records; penalty. (a) The commissioner may require the 
13.6 	employer of employees working in the state to submit to the commissioner photocopies, 
13.7 	certified copies, or, if necessary, the originals of employment records which the commissioner 
13.8 	deems necessary or appropriate. The records which may be required include full and correct 
13.9 	statements in writing, including sworn statements by the employer, containing information 
13.10 	relating to wages, hours, names, addresses, and any other information pertaining to the 
13.11 	employer's employees and the conditions of their employment as the commissioner deems 
13.12 	necessary or appropriate.
13.13 	(b) Employers and persons requested by the commissioner to produce records shall 
13.14 	respond within the time and in the manner specified by the commissioner.
13.15 	(c) The commissioner may require the records to be submitted by certified mail delivery 
13.16 	or, if necessary, by personal delivery by the employer or a representative of the employer, 
13.17 	as authorized by the employer in writing.
13.18 	(d) The commissioner may fine the employer up to $10,000 for each failure to submit 
13.19 	or deliver records as required by this section. This penalty is in addition to any penalties 
13.20 	provided under section 177.32, subdivision 1. In determining the amount of a civil penalty 
13.21 	under this subdivision, the appropriateness of such penalty to the size of the employer's 
13.22 	business and the gravity of the violation shall be considered.

13.23 	Sec. 3. Minnesota Statutes 2023 Supplement, section 177.27, subdivision 4, is amended 
13.24 	to read:
13.25 		Subd. 4.Compliance orders. The commissioner may issue an order requiring an 
13.26 	employer to comply with sections 177.21 to 177.435, 179.86, 181.02, 181.03, 181.031, 
13.27 	181.032, 181.10,181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.165, 181.172, 
13.28 	paragraph (a) or (d), 181.214 to 181.217, 181.275, subdivision 2a, 181.635, 181.64,181.722, 
13.29 	181.79, 181.85 to 181.89, 181.939 to 181.943, 181.9445 to 181.9448, 181.987, 181.991, 
13.30 	268B.09, subdivisions 1 to 6, and 268B.14, subdivision 3, with any rule promulgated under 
13.31 	section 177.28, 181.213, or 181.215. The commissioner shall issue an order requiring an 
13.32 	employer to comply with sections 177.41 to 177.435, 181.165, or 181.987 if the violation 
13.33 	is repeated. For purposes of this subdivision only, a violation is repeated if at any time 
14.1 	during the two years that preceded the date of violation, the commissioner issued an order 
14.2 	to the employer for violation of sections 177.41 to 177.435, 181.165, or 181.987 and the 
14.3 	order is final or the commissioner and the employer have entered into a settlement agreement 
14.4 	that required the employer to pay back wages that were required by sections 177.41 to 
14.5 	177.435. The department shall serve the order upon the employer or the employer's authorized 
14.6 	representative in person or by certified mail at the employer's place of business. An employer 
14.7 	who wishes to contest the order must file written notice of objection to the order with the 
14.8 	commissioner within 15 calendar days after being served with the order. A contested case 
14.9 	proceeding must then be held in accordance with sections 14.57 to 14.69 or 181.165. If, 
14.10 	within 15 calendar days after being served with the order, the employer fails to file a written 
14.11 	notice of objection with the commissioner, the order becomes a final order of the 
14.12 	commissioner. For the purposes of this subdivision, an employer includes a contractor that 
14.13 	has assumed a subcontractor's liability within the meaning of section 181.165.

14.14 	Sec. 4. Minnesota Statutes 2023 Supplement, section 177.27, subdivision 7, is amended 
14.15 	to read:
14.16 		Subd. 7.Employer liability. If an employer is found by the commissioner to have 
14.17 	violated a section identified in subdivision 4, or any rule adopted under section 177.28, 
14.18 	181.213, or 181.215, and the commissioner issues an order to comply, the commissioner 
14.19 	shall order the employer to cease and desist from engaging in the violative practice and to 
14.20 	take such affirmative steps that in the judgment of the commissioner will effectuate the 
14.21 	purposes of the section or rule violated. The commissioner shall order the employer to pay 
14.22 	to the aggrieved parties back pay, gratuities, and compensatory damages, less any amount 
14.23 	actually paid to the employee by the employer, and for an additional equal amount as 
14.24 	liquidated damages. The commissioner may also order reinstatement and any other 
14.25 	appropriate relief to the aggrieved parties. Any employer who is found by the commissioner 
14.26 	to have repeatedly or willfully violated a section or sections identified in subdivision 4 shall 
14.27 	be subject to a civil penalty of up to $10,000 for each violation for each employee. In 
14.28 	determining the amount of a civil penalty under this subdivision, the appropriateness of 
14.29 	such penalty to the size of the employer's business and the gravity of the violation shall be 
14.30 	considered. In addition, the commissioner may order the employer to reimburse the 
14.31 	department and the attorney general for all appropriate litigation and hearing costs expended 
14.32 	in preparation for and in conducting the contested case proceeding, unless payment of costs 
14.33 	would impose extreme financial hardship on the employer. If the employer is able to establish 
14.34 	extreme financial hardship, then the commissioner may order the employer to pay a 
14.35 	percentage of the total costs that will not cause extreme financial hardship. Costs include 
15.1 	but are not limited to the costs of services rendered by the attorney general, private attorneys 
15.2 	if engaged by the department, administrative law judges, court reporters, and expert witnesses 
15.3 	as well as the cost of transcripts. Interest shall accrue on, and be added to, the unpaid balance 
15.4 	of a commissioner's order from the date the order is signed by the commissioner until it is 
15.5 	paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c). The 
15.6 	commissioner may establish escrow accounts for purposes of distributing damages.

15.7 	Sec. 5. Minnesota Statutes 2022, section 177.30, is amended to read:
15.8 	177.30 KEEPING RECORDS; PENALTY.
15.9 	(a) Every employer subject to sections 177.21 to 177.44 must make and keep a record 
15.10 	of:
15.11 	(1) the name, address, and occupation of each employee;
15.12 	(2) the rate of pay, and the amount paid each pay period to each employee;
15.13 	(3) the hours worked each day and each workweek by the employee, including for all 
15.14 	employees paid at piece rate, the number of pieces completed at each piece rate;
15.15 	(4) a list of the personnel policies provided to the employee, including the date the 
15.16 	policies were given to the employee and a brief description of the policies;
15.17 	(5) a copy of the notice provided to each employee as required by section 181.032, 
15.18 	paragraph (d), including any written changes to the notice under section 181.032, paragraph 
15.19 	(f);
15.20 	(6) for each employer subject to sections 177.41 to 177.44, and while performing work 
15.21 	on public works projects funded in whole or in part with state funds, the employer shall 
15.22 	furnish under oath signed by an owner or officer of an employer to the contracting authority 
15.23 	and the project owner every two weeks, a certified payroll report with respect to the wages 
15.24 	and benefits paid each employee during the preceding weeks specifying for each employee: 
15.25 	name; identifying number; prevailing wage master job classification; hours worked each 
15.26 	day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; 
15.27 	net pay for week; dollars contributed per hour for each benefit, including name and address 
15.28 	of administrator; benefit account number; and telephone number for health and welfare, 
15.29 	vacation or holiday, apprenticeship training, pension, and other benefit programs; and
15.30 	(7) earnings statements for each employee for each pay period as required by section 
15.31 	181.032, paragraphs (a) and (b); and
16.1 	(8) other information the commissioner finds necessary and appropriate to enforce 
16.2 	sections 177.21 to 177.435. The records must be kept for three years in the premises where 
16.3 	an employee works except each employer subject to sections 177.41 to 177.44, and while 
16.4 	performing work on public works projects funded in whole or in part with state funds, the 
16.5 	records must be kept for three years after the contracting authority has made final payment 
16.6 	on the public works project.
16.7 	(b) All records required to be kept under paragraph (a) must be readily available for 
16.8 	inspection by the commissioner upon demand. The records must be either kept at the place 
16.9 	where employees are working or kept in a manner that allows the employer to comply with 
16.10 	this paragraph within 72 hours.
16.11 	(c) The commissioner may fine an employer up to $1,000 for each failure to maintain 
16.12 	records as required by this section, and up to $5,000 for each repeated failure. This penalty 
16.13 	is in addition to any penalties provided under section 177.32, subdivision 1. In determining 
16.14 	the amount of a civil penalty under this subdivision, the appropriateness of such penalty to 
16.15 	the size of the employer's business and the gravity of the violation shall be considered.
16.16 	(d) If the records maintained by the employer do not provide sufficient information to 
16.17 	determine the exact amount of back wages due an employee, the commissioner may make 
16.18 	a determination of wages due based on available evidence.

16.19 	Sec. 6. Minnesota Statutes 2023 Supplement, section 177.42, subdivision 2, is amended 
16.20 	to read:
16.21 		Subd. 2.Project. "Project" means demolition, erection, construction, alteration, 
16.22 	improvement, restoration, remodeling, or repairing of a public building, structure, facility,
16.23 	land, or other public work, which includes any work suitable for and intended for use by 
16.24 	the public, or for the public benefit, financed in whole or part by state funds. Project also 
16.25 	includes demolition, erection, construction, alteration, improvement, restoration, remodeling, 
16.26 	or repairing of a building, structure, facility, land, or public work when the acquisition of 
16.27 	property, predesign, design, or demolition is financed in whole or part by state funds.

16.28 	Sec. 7. Minnesota Statutes 2023 Supplement, section 181.212, subdivision 7, is amended 
16.29 	to read:
16.30 		Subd. 7.Voting. The affirmative vote of five board members is required for the board 
16.31 	to take any action, including actions necessary to establish minimum nursing home 
16.32 	employment standards under section 181.213. At least two of the five affirmative votes 
16.33 	must be cast by the commissioner members or the commissioner's appointees.

17.1 	Sec. 8. Minnesota Statutes 2023 Supplement, section 181.213, subdivision 1, is amended 
17.2 	to read:
17.3 		Subdivision 1.Authority to establish minimum nursing home employment 
17.4 	standards. (a) The board must adopt rules establishing minimum nursing home employment 
17.5 	standards that are reasonably necessary and appropriate to protect the health and welfare 
17.6 	of nursing home workers, to ensure that nursing home workers are properly trained about 
17.7 	and fully informed of their rights under sections 181.211 to 181.217, and to otherwise satisfy 
17.8 	the purposes of sections 181.211 to 181.217. Standards established by the board must include 
17.9 	standards on compensation for nursing home workers, and may include recommendations 
17.10 	under paragraph (c). The board may not adopt standards that are less protective of or 
17.11 	beneficial to nursing home workers as any other applicable statute or rule or any standard 
17.12 	previously established by the board unless there is a determination by the board under 
17.13 	subdivision 2 that existing standards exceed the operating payment rate and external fixed 
17.14 	costs payment rates included in the most recent budget and economic forecast completed 
17.15 	under section 16A.103. In establishing standards under this section, the board must establish 
17.16 	statewide standards, and may adopt standards that apply to specific nursing home occupations.
17.17 	(b) The board must adopt rules establishing initial standards for wages for nursing home 
17.18 	workers no later than August November 1, 2024. The board may use the authority in section 
17.19 	14.389 to adopt rules under this paragraph. The board shall consult with the department in 
17.20 	the development of these standards prior to beginning the rule adoption process.
17.21 	(c) To the extent that any minimum standards that the board finds are reasonably 
17.22 	necessary and appropriate to protect the health and welfare of nursing home workers fall 
17.23 	within the jurisdiction of chapter 182, the board shall not adopt rules establishing the 
17.24 	standards but shall instead recommend the occupational health and safety standards to the 
17.25 	commissioner. The commissioner shall adopt nursing home health and safety standards 
17.26 	under section 182.655 as recommended by the board, unless the commissioner determines 
17.27 	that the recommended standard is outside the statutory authority of the commissioner, 
17.28 	presents enforceability challenges, is infeasible to implement, or is otherwise unlawful and 
17.29 	issues a written explanation of this determination.

17.30 	Sec. 9. Minnesota Statutes 2023 Supplement, section 181.939, subdivision 2, is amended 
17.31 	to read:
17.32 		Subd. 2.Pregnancy accommodations. (a) An employer must provide reasonable 
17.33 	accommodations to an employee for health conditions related to pregnancy or childbirth 
17.34 	upon request, with the advice of a licensed health care provider or certified doula, unless 
18.1 	the employer demonstrates that the accommodation would impose an undue hardship on 
18.2 	the operation of the employer's business. A pregnant employee shall not be required to 
18.3 	obtain the advice of a licensed health care provider or certified doula, nor may an employer 
18.4 	claim undue hardship for the following accommodations: (1) more frequent or longer 
18.5 	restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The 
18.6 	employee and employer shall engage in an interactive process with respect to an employee's 
18.7 	request for a reasonable accommodation. Reasonable accommodation may include but is 
18.8 	not limited to temporary transfer to a less strenuous or hazardous position, temporary leave 
18.9 	of absence, modification in work schedule or job assignments, seating, more frequent or 
18.10 	longer break periods, and limits to heavy lifting. Notwithstanding any other provision of 
18.11 	this subdivision, an employer shall not be required to create a new or additional position in 
18.12 	order to accommodate an employee pursuant to this subdivision and shall not be required 
18.13 	to discharge an employee, transfer another employee with greater seniority, or promote an 
18.14 	employee.
18.15 	(b) Nothing in this subdivision shall be construed to affect any other provision of law 
18.16 	relating to sex discrimination or pregnancy or in any way diminish the coverage of pregnancy, 
18.17 	childbirth, or health conditions related to pregnancy or childbirth under any other provisions 
18.18 	of any other law.
18.19 	(c) An employer shall not require an employee to take a leave or accept an 
18.20 	accommodation.
18.21 	(d) An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, 
18.22 	coerce, or otherwise retaliate or discriminate against an employee for asserting rights or 
18.23 	remedies under this subdivision.
18.24 	(e) For the purposes of this subdivision, "employer" means a person or entity that employs 
18.25 	one or more employees and includes the state and its political subdivisions.
18.26 	(f) During any leave for which an employee is entitled to benefits or leave under this 
18.27 	subdivision, the employer must maintain coverage under any group insurance policy, group 
18.28 	subscriber contract, or health care plan for the employee and any dependents as if the 
18.29 	employee was not on leave, provided, however, that the employee must continue to pay any 
18.30 	employee share of the cost of the benefits.

18.31 	Sec. 10. Minnesota Statutes 2022, section 181.941, subdivision 4, is amended to read:
18.32 		Subd. 4.Continued insurance. The employer must continue to make coverage available 
18.33 	to the employee while on leave of absence under any group insurance policy, group subscriber 
19.1 	contract, or health care plan for the employee and any dependents. Nothing in this section 
19.2 	requires the employer to pay the costs of the insurance or health care while the employee 
19.3 	is on leave of absence. During any leave for which an employee is entitled to benefits or 
19.4 	leave under this section, the employer must maintain coverage under any group insurance 
19.5 	policy, group subscriber contract, or health care plan for the employee and any dependents 
19.6 	as if the employee was not on leave, provided, however, that the employee must continue 
19.7 	to pay any employee share of the cost of the benefits.

19.8 	Sec. 11. Minnesota Statutes 2022, section 181.943, is amended to read:
19.9 	181.943 RELATIONSHIP TO OTHER LEAVE.
19.10 	(a) The length of leave provided under section 181.941 may be reduced by any period 
19.11 	of:
19.12 	(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation provided 
19.13 	by the employer so that the total leave does not exceed 12 weeks, unless agreed to by the 
19.14 	employer; or
19.15 	(2) leave taken for the same purpose by the employee under United States Code, title 
19.16 	29, chapter 28.
19.17 	(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing leave 
19.18 	benefits in addition to those provided in sections 181.940 to 181.944 or otherwise affects 
19.19 	an employee's rights with respect to any other employment benefit.
19.20 	(c) Notwithstanding paragraphs (a) and (b), the length of leave provided under section 
19.21 	181.941 must not be reduced by any period of paid or unpaid leave taken for prenatal care 
19.22 	medical appointments.

19.23 	Sec. 12. Minnesota Statutes 2022, section 181A.08, is amended to read:
19.24 	181A.08 POWERS AND DUTIES OF THE DEPARTMENT.
19.25 		Subdivision 1.Inspections. The commissioner, an authorized representative, or any 
19.26 	truant officer may enter and inspect the place of business or employment and may interview 
19.27 	any employees, of any employer of employees in any occupation in the state, all for the 
19.28 	purpose of ascertaining whether any minors are employed contrary to the provisions of 
19.29 	sections 181A.01 to 181A.12. Such authorized persons may require that employment 
19.30 	certificates, age certificates, and lists of minors employed shall be produced for their 
19.31 	inspection.
20.1 		Subd. 2.Compliance orders. The commissioner or an authorized representative may 
20.2 	issue an order requiring an employer to comply with the provisions of sections 181A.01 to 
20.3 	181A.12 or with any rules promulgated under the provisions of section 181A.09. Any such 
20.4 	order shall be served by the department upon the employer or an authorized representative 
20.5 	in person or by certified mail at the employers place of business. If an employer wishes to 
20.6 	contest the order for any reason, the employer shall file written notice of objection with the 
20.7 	commissioner within ten 15 calendar days after service of said order upon said employer. 
20.8 	Thereafter, a public hearing shall be held in accordance with the provisions of sections 14.57
20.9 	to 14.69, and such rules consistent therewith as the commissioner shall make. If, within 15 
20.10 	calendar days after being served with the order, the employer fails to file a written notice 
20.11 	of objection with the commissioner, the order becomes a final order of the commissioner.
20.12 		Subd. 2a.Employer liability. If an employer is found by the commissioner to have 
20.13 	violated any provision of sections 181A.01 to 181A.12, or any rules promulgated under 
20.14 	section 181A.09, and the commissioner issues an order to comply under subdivision 2, the 
20.15 	commissioner shall order the employer to cease and desist from engaging in the violative 
20.16 	practice and to take affirmative steps that in the judgment of the commissioner will effectuate 
20.17 	the purposes of the section or rule violated. The commissioner may order the employer to 
20.18 	reimburse the department and the attorney general for appropriate litigation and hearing 
20.19 	costs expended in preparation for and in conducting the contested case proceeding, unless 
20.20 	payment of costs would impose extreme financial hardship on the employer. If the employer 
20.21 	is able to establish extreme financial hardship, then the commissioner may order the employer 
20.22 	to pay a percentage of the total costs that will not cause extreme financial hardship. Costs 
20.23 	include but are not limited to the costs of services rendered by the attorney general, private 
20.24 	attorneys if engaged by the department, administrative law judges, court reporters, and 
20.25 	expert witnesses as well as the cost of transcripts. Interest shall accrue on, and be added to, 
20.26 	the unpaid balance of a commissioner's order from the date the order is signed by the 
20.27 	commissioner until it is paid, at an annual rate provided in section 549.09, subdivision 1, 
20.28 	paragraph (c).
20.29 		Subd. 3.Restraining orders. The commissioner or an authorized representative may 
20.30 	apply to any court of competent jurisdiction for an order restraining the violation of an order 
20.31 	issued by the commissioner pursuant to subdivision 2, or for an order enjoining and 
20.32 	restraining violations of this chapter or rules adopted pursuant to section 181A.09.

21.1 	Sec. 13. Minnesota Statutes 2022, section 181A.12, subdivision 1, is amended to read:
21.2 		Subdivision 1.Fines; penalty. (a) Any employer who hinders or delays the department 
21.3 	or its authorized representative in the performance of its duties under sections 181A.01 to 
21.4 	181A.12 or refuses to admit the commissioner or an authorized representative to any place 
21.5 	of employment or refuses to make certificates or lists available as required by sections 
21.6 	181A.01 to 181A.12, or otherwise violates any provisions of sections 181A.01 to 181A.12
21.7 	or any rules issued pursuant thereto shall be assessed a fine to be paid to the commissioner 
21.8 	for deposit in the general fund. The fine may be recovered in a civil action in the name of 
21.9 	the department brought in the district court of the county where the violation is alleged to 
21.10 	have occurred or the district court where the commissioner has an office. Fines are in up to
21.11 	the amounts as follows for each violation:

21.1221.13		(1)
	employment of minors under the age of 14 
(each employee)
		$
	500
		
21.1421.15
21.16		(2)
	employment of minors under the age of 16 
during school hours while school is in session 
(each employee)
			500
		
21.1721.18		(3)
	employment of minors under the age of 16 
before 7:00 a.m. (each employee)
			500
		
21.1921.20		(4)
	employment of minors under the age of 16 
after 9:00 p.m. (each employee)
			500
		
21.2121.22
21.23		(5)
	employment of a high school student under 
the age of 18 in violation of section 181A.04, 
subdivision 6 (each employee)
			1,000
		
21.2421.25		(6)
	employment of minors under the age of 16 
over eight hours a day (each employee)
			500
		
21.2621.27		(7)
	employment of minors under the age of 16 
over 40 hours a week (each employee)
			500
		
21.2821.29
21.30		(8)
	employment of minors under the age of 18 in 
occupations hazardous or detrimental to their 
well-being as defined by rule (each employee)
			1,000
		
21.3121.32
21.33		(9)
	employment of minors under the age of 16 in 
occupations hazardous or detrimental to their 
well-being as defined by rule (each employee)
			1,000
		
21.3421.35		(10)
	minors under the age of 18 injured in 
hazardous employment (each employee)
			5,000
		
21.3621.37		(11)
	minors employed without proof of age (each 
employee)
			250
		
21.38 	(b) An employer who refuses to make certificates or lists available as required by sections 
21.39 	181A.01 to 181A.12 shall be assessed a $500 fine.
21.40 	(c) Notwithstanding the factors in section 14.045, subdivision 3, the commissioner need 
21.41 	only consider the size of the business of the employer, the gravity of the violation, and the 
22.1 	history of previous violations when determining the total amount of fines to issue under 
22.2 	this subdivision.

22.3 	Sec. 14. Minnesota Statutes 2022, section 181A.12, is amended by adding a subdivision 
22.4 	to read:
22.5 		Subd. 4.Liquidated damages. An employer who employs a minor in violation of section 
22.6 	181A.04, subdivision 5, may be liable to the minor for an amount equal to the minor's regular 
22.7 	rate of pay for all hours worked in violation of section 181A.04, subdivision 5, as liquidated 
22.8 	damages, in addition to the wages earned by the minor.

22.9 	Sec. 15. Minnesota Statutes 2022, section 181A.12, is amended by adding a subdivision 
22.10 	to read:
22.11 		Subd. 5.Retaliation. An employer shall not discharge, discipline, penalize, interfere 
22.12 	with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee 
22.13 	for asserting rights or remedies under sections 181A.01 to 181A.12 or any rules promulgated 
22.14 	under section 181A.09, including but not limited to filing a complaint with the department, 
22.15 	informing the employer of the employee's intention to file a complaint, or participating in 
22.16 	an investigation by the department. In addition to any other remedies provided by law, the 
22.17 	commissioner may order an employer in violation of this subdivision to provide back pay, 
22.18 	compensatory damages, reinstatement, and any other appropriate relief to the aggrieved 
22.19 	employee.

22.20 	ARTICLE 3
22.21 	OCCUPATIONAL SAFETY AND HEALTH

22.22 	Section 1. Minnesota Statutes 2023 Supplement, section 182.6526, subdivision 1, is 
22.23 	amended to read:
22.24 		Subdivision 1.Definitions. (a) The terms defined in this subdivision have the meanings 
22.25 	given.
22.26 	(b) "Aggregated employee work speed data" means a compilation of employee work 
22.27 	speed data for multiple employees, in summary form, assembled in full or in another form 
22.28 	such that the data cannot be identified with any individual.
22.29 	(c) "Commissioner" means the commissioner of labor and industry.
23.1 	(d)(1) Except as provided in clause (2), "employee" means an employee a person who 
23.2 	meets the definition in section 182.651, subdivision 9, and who works at a warehouse 
23.3 	distribution center.
23.4 	(2) For the purposes of subdivisions 2, 3, and 4 only, "employee" means a nonexempt 
23.5 	employee performing person who meets the definition in section 182.651, subdivision 9; 
23.6 	does not meet any of the exceptions set forth in section 177.23, subdivision 7, clauses (1) 
23.7 	to (19); and who performs warehouse work occurring on the property of a warehouse 
23.8 	distribution center and. Employee does not include a nonexempt employee any person
23.9 	performing solely manufacturing, administrative, sales, accounting, human resources, or 
23.10 	driving work at, or to and from, a warehouse distribution center.
23.11 	(e) "Employee work speed data" means information an employer collects, stores, analyzes, 
23.12 	or interprets relating to an individual employee's performance of a quota, including but not 
23.13 	limited to quantities of tasks performed, quantities of items or materials handled or produced, 
23.14 	rates or speeds of tasks performed, measurements or metrics of employee performance in 
23.15 	relation to a quota, and time categorized as performing tasks or not performing tasks. 
23.16 	Employee work speed data does not include itemized earnings statements pursuant to chapter 
23.17 	181, except for any content of those records that includes employee work speed data as 
23.18 	defined in this paragraph.
23.19 	(f) "Employer" means a person who meets the definition in section 182.651, subdivision 
23.20 	7, and who directly or indirectly, or through an agent or any other person, including through 
23.21 	the services of a third-party employer, temporary service, or staffing agency or similar 
23.22 	entity, employs or exercises control over the wages, hours, or working conditions of 250 
23.23 	or more employees at a single warehouse distribution center or 1,000 or more employees 
23.24 	at one or more warehouse distribution centers in the state. For purposes of this paragraph, 
23.25 	all employees of an employer's unitary business, as defined in section 290.17, subdivision 
23.26 	4, shall be counted in determining the number of employees employed at a single warehouse 
23.27 	distribution center or at one or more warehouse distribution centers in the state.
23.28 	(g) "Warehouse distribution center" means an establishment as defined by any of the 
23.29 	following North American Industry Classification System (NAICS) codes:
23.30 	(1) 493110 for General Warehousing and Storage;
23.31 	(2) 423 for Merchant Wholesalers, Durable Goods;
23.32 	(3) 424 for Merchant Wholesalers, Nondurable Goods;
23.33 	(4) 454110 for Electronic Shopping and Mail-Order Houses; and
24.1 	(5) 492110 for Couriers and Express Delivery Services.
24.2 	(h) "Quota" means a work standard under which:
24.3 	(1) an employee or group of employees is assigned or required to perform at a specified 
24.4 	productivity speed, or perform a quantified number of tasks, or handle or produce a quantified 
24.5 	amount of material, or perform without a certain number of errors or defects, as measured 
24.6 	at the individual or group level within a defined time period; or
24.7 	(2) an employee's actions are categorized and measured between time performing tasks 
24.8 	and not performing tasks, and the employee's failure to complete a task performance standard 
24.9 	may have an adverse impact on the employee's continued employment.

24.10 	Sec. 2. Minnesota Statutes 2022, section 182.664, subdivision 3, is amended to read:
24.11 		Subd. 3.Powers and duties of board. The review board shall review and decide appeals 
24.12 	from final decisions and orders of the commissioner, including decisions issued by 
24.13 	administrative law judges, petitions to vacate final orders of the commissioner, and with 
24.14 	the agreement of the parties, may review and decide petitions for decisions based on 
24.15 	stipulated facts. The powers of the board in the conduct of hearings, including the power 
24.16 	to sign decisions and orders, may be delegated to a member, members, or the board chair. 
24.17 	The board may schedule a hearing for purposes of taking oral argument. A notice stating 
24.18 	the time and place of the hearing must be given ten days in advance of such a hearing to 
24.19 	the parties and copies of the notice of such hearing shall be served by the employer as rules 
24.20 	of the board shall require. The hearings shall be open to the public and the board's decisions 
24.21 	and orders shall be maintained and available for examination. Chapter 13D does not apply 
24.22 	to meetings or hearings of the board when the board is deliberating to reach its decision on 
24.23 	an appeal or petition under its jurisdiction.

24.24 	Sec. 3. Minnesota Statutes 2022, section 182.664, subdivision 5, is amended to read:
24.25 		Subd. 5.Authority of board; standard scope of review. (a) For the purpose of carrying 
24.26 	out its functions under this chapter, two members of the board shall constitute a quorum 
24.27 	and official action can be taken only on the affirmative vote of at least two members. The 
24.28 	decisions and orders of an administrative law judge, or final orders of the commissioner, 
24.29 	may be appealed to the review board by the employer, employee, or their authorized 
24.30 	representatives or any party, within 30 days following service by mail of the administrative 
24.31 	law judge's decision and order, or final order of the commissioner.
25.1 	(b) The review board shall have authority to revise, confirm affirm, remand, or reverse 
25.2 	the decision and order of administrative law judges, or.
25.3 	(c) The review board shall also have authority to affirm, or vacate and remand, final 
25.4 	orders of the commissioner when a petition to vacate a final order is filed. The board shall 
25.5 	only vacate and remand a final order of the commissioner relating to a petition to vacate 
25.6 	upon a showing of good cause. For purposes of this section, good cause is limited to fraud, 
25.7 	mistake of fact or by the commissioner, mistake of law by the commissioner, or newly 
25.8 	discovered evidence.

25.9 	Sec. 4. Minnesota Statutes 2022, section 182.665, is amended to read:
25.10 	182.665 JUDICIAL REVIEW.
25.11 	Any person aggrieved by a final order of the board in a contested case, by a final order 
25.12 	of the board on a petition to vacate a final order of the commissioner, or by any standard, 
25.13 	rule, or order promulgated by the commissioner, is entitled to judicial review thereof in 
25.14 	accordance with the applicable provisions of chapter 14.

25.15 	Sec. 5. Minnesota Statutes 2022, section 182.666, subdivision 6, is amended to read:
25.16 		Subd. 6.Authority to assess fines; considerations. Only the commissioner shall have 
25.17 	authority to assess all proposed fines provided in this section, giving. Notwithstanding the 
25.18 	factors in section 14.045, subdivision 3, the commissioner must give due consideration only
25.19 	to the following factors:
25.20 	(1) appropriateness of the fine with respect to the size of the business of the employer,;
25.21 	(2) the gravity of the violation,;
25.22 	(3) the good faith of the employer,; and
25.23 	(4) the history of previous violations.

25.24 	Sec. 6. Minnesota Statutes 2022, section 182.667, is amended by adding a subdivision to 
25.25 	read:
25.26 		Subd. 4.Investigative data. The commissioner may share active and inactive civil 
25.27 	investigative data pursuant to section 13.39 with a city or county attorney for purposes of 
25.28 	enforcing this section. The commissioner may share complete data and need not withhold 
25.29 	any data under the requirements of chapter 13 or 182 or any other state privacy law.

26.1 	Sec. 7. Minnesota Statutes 2023 Supplement, section 182.677, subdivision 1, is amended 
26.2 	to read:
26.3 		Subdivision 1.Definitions. (a) For purposes of this section, the definitions in this 
26.4 	subdivision apply unless otherwise specified.
26.5 	(b) "Health care facility" means a hospital with a North American Industrial Classification 
26.6 	system code of 622110, 622210, or 622310; an outpatient surgical center with a North 
26.7 	American Industrial Classification system code of 621493; and a nursing home with a North 
26.8 	American Industrial Classification system code of 623110.
26.9 	(c) "Warehouse distribution center" means an employer a site in Minnesota with 100 or 
26.10 	more employees in Minnesota and a North American Industrial Classification system code 
26.11 	of 493110, 423110 to 423990, 424110 to 424990, 454110, or 492110.
26.12 	(d) "Meatpacking site" means a meatpacking or poultry processing site in Minnesota 
26.13 	with 100 or more employees in Minnesota and a North American Industrial Classification 
26.14 	system code of 311611 to 311615, except 311613.
26.15 	(e) "Musculoskeletal disorder" or "MSD" means a disorder of the muscles, nerves, 
26.16 	tendons, ligaments, joints, cartilage, blood vessels, or spinal discs.

26.17 	Sec. 8. Minnesota Statutes 2023 Supplement, section 182.677, subdivision 2, is amended 
26.18 	to read:
26.19 		Subd. 2.Ergonomics program required. (a) Every employer with employees at a 
26.20 	licensed health care facility, warehouse distribution center, or meatpacking site in the state 
26.21 	shall create and implement an effective written ergonomics program establishing the 
26.22 	employer's plan to minimize the risk of its employees developing or aggravating 
26.23 	musculoskeletal disorders. The ergonomics program shall focus on eliminating the risk. To 
26.24 	the extent risk exists, the ergonomics program must include feasible administrative or 
26.25 	engineering controls to reduce the risk.
26.26 	(b) The program shall include:
26.27 	(1) an assessment to identify and reduce musculoskeletal disorder risk factors in the 
26.28 	facility;
26.29 	(2) an initial and ongoing training of employees on ergonomics and its benefits, including 
26.30 	the importance of reporting early symptoms of musculoskeletal disorders;
27.1 	(3) a procedure to ensure early reporting of musculoskeletal disorders to prevent or 
27.2 	reduce the progression of symptoms, the development of serious injuries, and lost-time 
27.3 	claims;
27.4 	(4) a process for employees to provide possible solutions that may be implemented to 
27.5 	reduce, control, or eliminate workplace musculoskeletal disorders;
27.6 	(5) procedures to ensure that physical plant modifications and major construction projects 
27.7 	are consistent with program goals; and
27.8 	(6) annual evaluations of the ergonomics program and whenever a change to the work 
27.9 	process occurs.

27.10 	ARTICLE 4
27.11 	APPRENTICESHIP POLICY

27.12 	Section 1. Minnesota Statutes 2022, section 13.7905, is amended by adding a subdivision 
27.13 	to read:
27.14 		Subd. 10.Apprentice data.  Apprentice data reported to, maintained by, or collected by 
27.15 	the department is governed by section 178.071.

27.16 	Sec. 2. Minnesota Statutes 2023 Supplement, section 178.01, is amended to read:
27.17 	178.01 PURPOSES.
27.18 	The purposes of this chapter are: to open to all people regardless of race, color, creed, 
27.19 	religion, national origin, sex, creed, color or national origin, gender identity, sexual 
27.20 	orientation, marital status, familial status, disability, status with regard to public assistance, 
27.21 	or age the opportunity to obtain training and on-the-job learning that will equip them for 
27.22 	profitable employment and citizenship; to establish as a means to this end, a program of 
27.23 	voluntary apprenticeship under approved apprenticeship agreements providing facilities for 
27.24 	their training and guidance in the arts, skills, and crafts of industry and trade or occupation, 
27.25 	with concurrent, supplementary instruction in related subjects; to promote apprenticeship 
27.26 	opportunities under conditions providing adequate training and on-the-job learning and 
27.27 	reasonable earnings; to relate the supply of skilled workers to employment demands; to 
27.28 	establish standards for apprentice training; to establish an Apprenticeship Advisory Board 
27.29 	and apprenticeship committees to assist in effectuating the purposes of this chapter; to 
27.30 	provide for a Division of Apprenticeship within the Department of Labor and Industry; to 
27.31 	provide for reports to the legislature regarding the status of apprentice training in the state;
28.1 	to establish a procedure for the determination of apprenticeship agreement controversies; 
28.2 	and to accomplish related ends.

28.3 	Sec. 3. Minnesota Statutes 2022, section 178.011, subdivision 9, is amended to read:
28.4 		Subd. 9.Journeyworker. "Journeyworker" means a person who has attained a level of 
28.5 	skill, abilities, and competencies recognized within an industry as having mastered the skills 
28.6 	and competencies required for the trade or occupation. Use of the term may also refer to a 
28.7 	mentor, technician, specialist, or other skilled worker who has documented sufficient skills 
28.8 	and knowledge of an occupation, either through formal apprenticeship or through practical 
28.9 	on-the-job experience and formal training.

28.10 	Sec. 4. Minnesota Statutes 2022, section 178.012, subdivision 1, is amended to read:
28.11 		Subdivision 1.Apprenticeship rules. Federal regulations governing apprenticeship in 
28.12 	effect on January 18, 2017, as provided by Code of Federal Regulations, title 29, parts 29, 
28.13 	sections 29.1 to 29.6 and 29.11, and 30, are the apprenticeship rules in this state, subject to 
28.14 	amendment by this chapter or by rule under section 178.041.

28.15 	Sec. 5. Minnesota Statutes 2022, section 178.035, subdivision 2, is amended to read:
28.16 		Subd. 2.Provisional approval. The division shall grant a provisional approval period 
28.17 	of one year to an applicant demonstrating that the standards submitted meet the requirements 
28.18 	of this chapter. The division may review each program granted provisional approval for 
28.19 	quality and for conformity with the requirements of this section and section 178.036 at any 
28.20 	time, but not less than biannually, during the provisional approval period. After review:
28.21 	(1) a program that conforms with the requirements of this chapter:
28.22 	(i) may be approved made permanent; or
28.23 	(ii) may continue to be provisionally approved through the first full training cycle; and
28.24 	(2) a program not in operation or not conforming with the requirements of this chapter 
28.25 	during the provisional approval period shall be deregistered.
28.26 	The division shall inform the applicant of the results of its review in writing at least 30 days 
28.27 	prior to the expiration of the provisional approval period.

28.28 	Sec. 6. Minnesota Statutes 2022, section 178.035, subdivision 4, is amended to read:
28.29 		Subd. 4.Program modification. To apply for modification of or change to a registered 
28.30 	program, a sponsor shall submit a written request for modification to the division. The 
29.1 	division shall approve or disapprove a modification request within 90 days from the date 
29.2 	of receipt. If approved, the modification or change must be recorded and acknowledged 
29.3 	within 90 days of its approval as an amendment to the registered program. If not approved, 
29.4 	the division shall notify the sponsor in writing of the disapproval and the reasons for the 
29.5 	disapproval. The division may provide technical assistance to a sponsor seeking to modify 
29.6 	or change a registered program. The division may require program modification to ensure 
29.7 	standards of apprenticeship that comply with the requirements of Code of Federal 
29.8 	Regulations, title 29, part 29, section 29.5, and this chapter.

29.9 	Sec. 7. Minnesota Statutes 2022, section 178.035, subdivision 6, is amended to read:
29.10 		Subd. 6.Certificate. Upon registration provisional approval of a program, the 
29.11 	commissioner shall issue a certificate of registration to the sponsor. Within 30 45 days after 
29.12 	the certificate is mailed or otherwise delivered to the sponsor, the sponsor must submit to 
29.13 	the commissioner a copy of at least one executed apprenticeship agreement.

29.14 	Sec. 8. Minnesota Statutes 2022, section 178.035, subdivision 7, is amended to read:
29.15 		Subd. 7.Policy requirement. It must be the policy of the employer and sponsor that 
29.16 	the recruitment, selection, employment, and training of apprentices during their 
29.17 	apprenticeship must be without discrimination due to race, color, creed, religion, national 
29.18 	origin, sex, gender identity, sexual orientation, marital status, physical or mental familial 
29.19 	status, disability, receipt of status with regard to public assistance, or age. The employer 
29.20 	and sponsor must take affirmative action to provide equal opportunity in apprenticeship 
29.21 	and must operate the apprenticeship program as required under Code of Federal Regulations, 
29.22 	title 29, part 30, and under the Minnesota plan for equal opportunity in apprenticeship.

29.23 	Sec. 9. Minnesota Statutes 2022, section 178.036, subdivision 3, is amended to read:
29.24 		Subd. 3.Related instruction. A minimum of 144 hours of related instruction is required 
29.25 	in each training cycle. At least 50 hours of related safety instruction is required during the 
29.26 	term of apprenticeship. Time spent in related instruction cannot be considered as hours of 
29.27 	work as required by the job work process schedule. Related instruction must be designated 
29.28 	in hours for each individual trade or occupation included in the standards. Every 
29.29 	apprenticeship instructor must meet the Department of Education's requirements for a 
29.30 	vocational-technical career and technical education instructor or be a subject matter expert, 
29.31 	which is an individual such as a journeyworker who is recognized within an industry as 
29.32 	having expertise in a specific trade or occupation.

30.1 	Sec. 10. Minnesota Statutes 2022, section 178.036, subdivision 4, is amended to read:
30.2 		Subd. 4.Job Work process schedule. Each time-based apprenticeship program must 
30.3 	include not less than 2,000 hours of reasonably continuous employment.

30.4 	Sec. 11. Minnesota Statutes 2022, section 178.036, subdivision 5, is amended to read:
30.5 		Subd. 5.Ratios. If the apprentice is covered by a collective bargaining agreement, the 
30.6 	employer must follow the provisions of the collective bargaining agreement regarding the 
30.7 	maximum number of apprentices to be employed at the work site for each journeyworker 
30.8 	employed at the same work site. In the absence of a collective bargaining agreement, for 
30.9 	the purposes of direct supervision and the safety and instruction of the apprentice, the ratio 
30.10 	shall be:
30.11 	(1) one apprentice for the first each journeyworker employed at the work site plus one 
30.12 	apprentice for each additional three journeyworkers employed at the work site;, except that 
30.13 	for occupations in the building and construction trades or any hazardous occupation as 
30.14 	defined by section 181A.04, subdivision 5, one apprentice for the first journeyworker 
30.15 	employed at the work site plus one apprentice for each additional three journeyworkers 
30.16 	employed at the work site;
30.17 	(2) the work site ratio utilized by the majority of registered apprenticeship agreements 
30.18 	in the same trade or occupation; or
30.19 	(3) a program-specific ratio that has been approved by the Apprenticeship Advisory 
30.20 	Board.

30.21 	Sec. 12. Minnesota Statutes 2022, section 178.036, subdivision 6, is amended to read:
30.22 		Subd. 6.Graduated schedule of wages. The graduated schedule of wages for an 
30.23 	apprenticeship program shall be calculated as a percentage of the journeyworker rate in the 
30.24 	majority of registered apprenticeship agreements in the same trade or occupation in the 
30.25 	state. If there are no registered apprenticeship agreements in the same trade or occupation, 
30.26 	the graduated schedule of wages may be determined by the sponsor with the approval of 
30.27 	the division.

30.28 	Sec. 13. Minnesota Statutes 2022, section 178.036, subdivision 7, is amended to read:
30.29 		Subd. 7.Probationary period. The standards must provide a period of probation of not 
30.30 	more than 500 hours of employment and instruction extending over not more than four 
30.31 	months one year or 25 percent of the length of the program, whichever is shorter, during 
31.1 	which time the apprenticeship agreement shall be terminated by the director upon written 
31.2 	request of either party, and providing that after such probationary period the apprenticeship 
31.3 	agreement may be terminated by the director by mutual agreement of all parties thereto, or 
31.4 	terminated by the director for good and sufficient reason.

31.5 	Sec. 14. Minnesota Statutes 2022, section 178.044, subdivision 3, is amended to read:
31.6 		Subd. 3.Journeyworker wage rate. If the apprentice is not covered by a collective 
31.7 	bargaining agreement, the journeyworker wage rate upon which the apprenticeship agreement 
31.8 	graduated schedule of wages is calculated shall be:
31.9 	(1) the most current Minnesota state prevailing wage rate determination for the same 
31.10 	trade or occupation in the county in which the apprentice's employer is located. If an 
31.11 	apprenticeship agreement entered into after January 1, 2015, does not specify fringe benefits, 
31.12 	the journeyworker wage rate upon which the apprentice wage rate is calculated must be the 
31.13 	total rate listed in the wage determination; or
31.14 	(2) if there is no Minnesota prevailing wage rate determination for the same trade or 
31.15 	occupation in the county in which the apprentice's employer is located, the journeyworker 
31.16 	wage may be determined by the sponsor with the approval of the division.

31.17 	Sec. 15. Minnesota Statutes 2022, section 178.07, subdivision 1, is amended to read:
31.18 		Subdivision 1.Approval required. (a) The division shall approve, if it determines that 
31.19 	it is in the best interest of the apprentice, an apprenticeship agreement prepared by the 
31.20 	sponsor on a form provided by the commissioner that meets the standards established in 
31.21 	this section.
31.22 	(b) All terminations, cancellations, and transfers of apprenticeship agreements shall be 
31.23 	approved by the division in writing. The division must be notified in writing by the sponsor 
31.24 	within 45 days of all terminations, cancellations, or transfer of apprenticeship agreements.

31.25 	Sec. 16. Minnesota Statutes 2022, section 178.07, subdivision 3, is amended to read:
31.26 		Subd. 3.Contents. Every apprenticeship agreement entered into under this chapter shall 
31.27 	contain:
31.28 	(1) the names of the contracting parties, and the signatures required by subdivision 2;
31.29 	(2) the date of birth, and information as to the race, ethnicity, and sex of the apprentice, 
31.30 	and, on a voluntary basis, the apprentice's Social Security number, disability status, and 
31.31 	veteran status;
32.1 	(3) contact information of the sponsor and the division;
32.2 	(4) a statement of the trade or occupation which the apprentice is to be taught, the date 
32.3 	on which the apprenticeship will begin, and the number of hours to be spent by the apprentice 
32.4 	in work and the number of hours to be spent in concurrent, related instruction;
32.5 	(5) a statement of the wages to be paid the apprentice under sections 178.036, subdivision 
32.6 	6, and 178.044, as applicable;
32.7 	(6) a statement listing any fringe benefits to be provided to the apprentice;
32.8 	(7) a statement incorporating as part of the agreement the registered standards of the 
32.9 	apprenticeship program on the date of the agreement and as they may be amended during 
32.10 	the period of the agreement;
32.11 	(8) a statement that the apprentice will be accorded equal opportunity in all phases of 
32.12 	apprenticeship employment and training, without discrimination due to race, color, creed, 
32.13 	religion, national origin, sex, gender identity, sexual orientation, marital status, physical or 
32.14 	mental familial status, disability, receipt of status with regard to public assistance, or age; 
32.15 	and
32.16 	(9) such additional terms and conditions as may be prescribed or approved by the 
32.17 	commissioner not inconsistent with the provisions of this chapter.

32.18 	Sec. 17. [178.071] APPRENTICE DATA.
32.19 		Subdivision 1.Definition. "Apprentice data" means data on individuals collected, 
32.20 	maintained, used, or disseminated because an individual has applied for or has been submitted 
32.21 	for registration as an apprentice with the Division of Apprenticeship, or is currently or has 
32.22 	been registered as an apprentice with the Division of Apprenticeship.
32.23 		Subd. 2.Classification. Apprentice data are private data on individuals.
32.24 		Subd. 3.Data sharing. Apprentice data may be shared with a state agency for the purpose 
32.25 	of determining compliance with section 116J.871 or 177.41 to 177.44. The division may 
32.26 	provide apprentice data to the United States Department of Labor.

32.27 	Sec. 18. Minnesota Statutes 2022, section 178.09, subdivision 2, is amended to read:
32.28 		Subd. 2.Determination; appeal. Within 90 days after the receipt of a complaint, the 
32.29 	division must issue a determination. The determination of the division shall be filed with 
32.30 	the commissioner and written notice shall be served on all parties affected by it. Any person 
32.31 	aggrieved by any determination or action of the director may appeal to the commissioner. 
33.1 	If no appeal is filed with the commissioner within ten 15 days of the date of service, the 
33.2 	division's determination shall become the final order of the commissioner. If an appeal is 
33.3 	filed, the commissioner shall appoint and convene a hearing board to be composed of three 
33.4 	members of the Apprenticeship Advisory Board appointed under section 178.02, one member 
33.5 	being a representative of an employer organization, one representative being a member of 
33.6 	an employee organization, and one member representing the general public. The board shall 
33.7 	hold a hearing on the appeal after due notice to the interested parties and shall submit to the 
33.8 	commissioner findings of fact and a recommended decision accompanied by a memorandum 
33.9 	of the reasons for it. Within 30 days after submission, the commissioner may adopt the 
33.10 	recommended decision of the board, or disregard the recommended decision of the board 
33.11 	and prepare a decision based on the findings of fact and accompanied by a memorandum 
33.12 	of reasons for that decision. Written notice of the commissioner's determination and order 
33.13 	shall be served on all parties affected by it. Any person aggrieved by the commissioner's 
33.14 	determination and order under this section is entitled to judicial review under sections 14.63
33.15 	to 14.68 in the same manner that a person aggrieved by a final decision in a contested case 
33.16 	is entitled to judicial review. The commissioner's determination and order under this section 
33.17 	shall be a final decision and order of the department for purposes of sections 14.63 to 14.68.

33.18 	Sec. 19. Minnesota Statutes 2022, section 178.091, subdivision 2, is amended to read:
33.19 		Subd. 2.Grounds. (a) The commissioner may deregister a registered apprenticeship 
33.20 	program or deny an application for registration if:
33.21 	(1) the program does not comply with any requirement of Code of Federal Regulations, 
33.22 	title 29, part 29 or 32 30, this chapter, or any rule adopted pursuant to section 178.041;
33.23 	(2) the program does not have at least one registered apprentice in each trade or 
33.24 	occupation, except for the following specified periods of time:
33.25 	(i) within the first 30 45 days after the date a program is registered; or
33.26 	(ii) within one year of the date that a program graduates an apprentice in a trade or 
33.27 	occupation and the date of registration for the next apprentice in that trade or occupation; 
33.28 	or
33.29 	(3) the program is not conducted, operated, or administered in accordance with the 
33.30 	program's registered standards or with the requirements of this chapter, including but not 
33.31 	limited to:
33.32 	(i) failure to provide on-the-job learning;
33.33 	(ii) failure to provide related instruction;
34.1 	(iii) failure of an employer to pay the apprentice a progressively increasing schedule of 
34.2 	wages consistent with the apprentice's skills acquired; or
34.3 	(iv) persistent and significant failure to perform successfully.
34.4 	(b) The commissioner may deregister an apprenticeship program at the written request 
34.5 	of the sponsor in a manner consistent with the provisions of Code of Federal Regulations, 
34.6 	title 29, part 29, section 29.8(a).

34.7 	Sec. 20. Minnesota Statutes 2022, section 178.091, subdivision 4, is amended to read:
34.8 		Subd. 4.Orders; hearings related to orders Corrective action. (a) If the commissioner 
34.9 	determines that a registered apprenticeship program should be deregistered or that an 
34.10 	application for registration should be denied, the commissioner shall issue to and serve on 
34.11 	the sponsor an order deregistering the program's registration or denying the application for 
34.12 	registration. a notice to correct containing the following:
34.13 	(b) An order issued under this subdivision must specify:
34.14 	(1) the deficiency and the required remedy or corrective action;
34.15 	(2) the time period to effectuate the required remedy or corrective action, which shall 
34.16 	be no less than 30 days and no more than 90 60 days; and
34.17 	(3) any other requirement consistent with Code of Federal Regulations, title 29, part 29, 
34.18 	section 29.8(b).
34.19 	(c) The sponsor to whom the commissioner issues an order under this subdivision may 
34.20 	appeal to a hearing board appointed consistent with section 178.09, subdivision 2.

34.21 	Sec. 21. Minnesota Statutes 2022, section 178.091, is amended by adding a subdivision 
34.22 	to read:
34.23 		Subd. 5.Denial of application. If an applicant for registration does not take the required 
34.24 	corrective action within the allotted time, the commissioner may deny the application for 
34.25 	registration.

34.26 	Sec. 22. Minnesota Statutes 2022, section 178.091, is amended by adding a subdivision 
34.27 	to read:
34.28 		Subd. 6.Order of deregistration. If the registered apprenticeship program does not 
34.29 	take the required corrective action within the allotted time, the commissioner may issue an 
34.30 	order of deregistration containing the following:
35.1 	(1) that certain deficiencies were identified in the notice to correct and the registered 
35.2 	apprenticeship program did not take the required corrective action;
35.3 	(2) based on the deficiencies stated in the notice to correct and the failure of the registered 
35.4 	apprentice program to remedy those deficiencies, a determination has been made that there 
35.5 	is reasonable cause to deregister the program;
35.6 	(3) that the registered apprenticeship program may appeal this determination within 15 
35.7 	days to the commissioner consistent with subdivision 7; and
35.8 	(4) that, if the registered apprenticeship program does not appeal the determination, the 
35.9 	order becomes final.

35.10 	Sec. 23. Minnesota Statutes 2022, section 178.091, is amended by adding a subdivision 
35.11 	to read:
35.12 		Subd. 7.Appeal. Any person aggrieved by an order of deregistration may appeal to the 
35.13 	commissioner. If no appeal is filed with the commissioner within 15 days of the date of 
35.14 	service, the order of deregistration shall become the final order of the commissioner. If an 
35.15 	appeal is filed, the commissioner shall appoint and convene a hearing board to be composed 
35.16 	of three members of the Apprenticeship Advisory Board appointed under section 178.02, 
35.17 	one member being a representative of an employer organization, one representative being 
35.18 	a member of an employee organization, and one member representing the general public. 
35.19 	The board shall hold a hearing on the appeal after due notice to the interested parties and 
35.20 	shall submit to the commissioner findings of fact and a recommended decision accompanied 
35.21 	by a memorandum of the reasons for the recommended decision. Within 30 days after 
35.22 	submission, the commissioner may adopt the recommended decision of the board or disregard 
35.23 	the recommended decision of the board and prepare a decision based on the findings of fact 
35.24 	and accompanied by a memorandum of reasons for that decision. Written notice of the 
35.25 	commissioner's determination and order shall be served on all parties affected by the 
35.26 	commissioner's determination. Any person aggrieved by the commissioner's determination 
35.27 	and order under this section is entitled to judicial review under sections 14.63 to 14.68 in 
35.28 	the same manner that a person aggrieved by a final decision in a contested case is entitled 
35.29 	to judicial review. The commissioner's determination and order under this section shall be 
35.30 	a final decision and order of the department for purposes of sections 14.63 to 14.68.

36.1 	Sec. 24. Minnesota Statutes 2022, section 178.10, is amended to read:
36.2 	178.10 LIMITATION.
36.3 	(a) The provisions of this chapter shall have no application to those individuals who are 
36.4 	apprenticed by the commissioner of corrections pursuant to sections 242.43 and 242.44.
36.5 	(b) Nothing in this chapter or any apprenticeship agreement operates to invalidate:
36.6 	(1) any apprenticeship provision in any collective bargaining agreement between 
36.7 	employers and employees establishing higher apprenticeship standards; or
36.8 	(2) any special provision for veterans, minority persons people of color, individuals with 
36.9 	a disability, or women, in the standards, apprentice qualifications, or operation of the program 
36.10 	or in the apprenticeship agreement which is not otherwise prohibited by law.

36.11 	Sec. 25. REPEALER.
 36.12 	(a) Minnesota Rules, part 5200.0400, is repealed.
36.13 	(b) Minnesota Statutes 2022, section 178.036, subdivision 10, is repealed.

36.14 	ARTICLE 5
36.15 	BUREAU OF MEDIATION SERVICES

36.16 	Section 1. Minnesota Statutes 2022, section 179.01, subdivision 1, is amended to read:
36.17 		Subdivision 1.Words, terms, and phrases Scope. Unless the language or context 
36.18 	clearly indicates that a different meaning is intended, the following words, terms, and 
36.19 	phrases, for the purposes of sections 179.01 to 179.17, shall be given the meanings subjoined 
36.20 	to them defined in this section have the meanings given them for purposes of sections 179.01 
36.21 	to 179.17.

36.22 	Sec. 2. Minnesota Statutes 2022, section 179.01, subdivision 9, is amended to read:
36.23 		Subd. 9.Lockout. "Lockout" is means the refusal of the employer to furnish work to 
36.24 	employees as a result of a labor dispute.

36.25 	Sec. 3. Minnesota Statutes 2022, section 179.01, subdivision 16, is amended to read:
36.26 		Subd. 16.Professional strikebreaker. (a) "Professional strikebreaker" means any person 
36.27 	who:
37.1 	(a) (1) makes an offer to an employer at whose place of business a labor dispute is 
37.2 	presently in progress to work as a replacement for an employee or employees involved in 
37.3 	such labor dispute; and
37.4 	(b) (2) during a period of five years immediately preceding such offer, has, on more 
37.5 	than one occasion, made an offer to employers to work as a temporary employee to personally 
37.6 	replace employees involved in labor disputes.
37.7 	(b) For the purposes of this subdivision,:
37.8 	(1)  "work" shall mean means the rendering of services for wages or other consideration. 
37.9 	For the purposes of this subdivision,; and
37.10 	(2) "offer" shall include includes arrangements made for or on behalf of employers by 
37.11 	any person.

37.12 	Sec. 4. Minnesota Statutes 2022, section 179.06, is amended to read:
37.13 	179.06 COLLECTIVE BARGAINING AGREEMENTS.
37.14 		Subdivision 1.Notices. (a) When any employee, employees, or representative of 
37.15 	employees, or labor organization shall desire to negotiate a collective bargaining agreement, 
37.16 	or make any change in any existing agreement, or shall desire any changes in the rates of 
37.17 	pay, rules or working conditions in any place of employment, it shall give written notice to 
37.18 	the employer of its demand, which notice shall follow the employer if the place of 
37.19 	employment is changed, and it shall thereupon be the duty of the employer and the 
37.20 	representative of employee or labor organization to endeavor in good faith to reach an 
37.21 	agreement respecting such demand. An employer shall give a like notice to employees, 
37.22 	representative, or labor organizations of any intended change in any existing agreement. If 
37.23 	no agreement is reached at the expiration of ten days after service of such notice, any 
37.24 	employees, representative, labor organization, or employer may at any time thereafter 
37.25 	petition the commissioner of mediation services to take jurisdiction of the dispute and it 
37.26 	shall be unlawful for any labor organization or representative to institute or aid in the conduct 
37.27 	of a strike or for an employer to institute a lockout, unless such petition has been served by 
37.28 	the party taking such action upon the commissioner and the other parties to the labor dispute 
37.29 	at least ten days before the strike or lockout becomes effective. Unless the strike or lockout 
37.30 	is commenced within 90 days from the date of service of the petition upon the commissioner, 
37.31 	it shall be unlawful for any of the parties to institute or aid in the conduct of a strike or 
37.32 	lockout without serving a new petition in the manner prescribed for the service of the original 
38.1 	petition, provided that the 90-day period may be extended by written agreement of the 
38.2 	parties filed with the commissioner.
38.3 	(b) A petition by the employer shall be signed by the employer or a duly authorized 
38.4 	officer or agent; and a petition by the employees shall be signed by their representative or 
38.5 	its officers, or by the committee selected to negotiate with the employer. In either case the 
38.6 	petition shall be served by delivering it to the commissioner in person or by sending it by 
38.7 	certified mail addressed to the commissioner at the commissioner's office. The petition shall 
38.8 	state briefly the nature of the dispute and the demands of the party who serves it. Upon 
38.9 	receipt of a petition, the commissioner shall fix a time and place for a conference with the 
38.10 	parties to the labor dispute upon the issues involved in the dispute, and shall then take 
38.11 	whatever steps the commissioner deems most expedient to bring about a settlement of the 
38.12 	dispute, including assisting in negotiating and drafting a settlement agreement. It shall be 
38.13 	the duty of all parties to a labor dispute to respond to the summons of the commissioner for 
38.14 	joint or several conferences with the commissioner and to continue in such conference until 
38.15 	excused by the commissioner, not beyond the ten-day period heretofore prescribed except 
38.16 	by mutual consent of the parties.
38.17 		Subd. 2.Commissioner, powers and duties. The commissioner may at the request of 
38.18 	either party to a labor dispute render assistance in settling the dispute without the necessity 
38.19 	of filing the formal petition referred to in under subdivision 1. If the commissioner takes 
38.20 	jurisdiction of the dispute as a result of such a request, the commissioner shall must then 
38.21 	proceed as provided in according to subdivision 1.

38.22 	Sec. 5. Minnesota Statutes 2022, section 179.08, is amended to read:
38.23 	179.08 POWERS OF COMMISSION APPOINTED BY COMMISSIONER.
38.24 	(a) The commission appointed by the commissioner pursuant to the provisions of section 
38.25 	179.07 shall have the power to issue subpoenas requiring the attendance and testimony of 
38.26 	witnesses and the production of evidence which relates to any matter involved in any such 
38.27 	hearing, and may by its chair administer oaths and affirmations, and may examine witnesses. 
38.28 	Such attendance of witnesses and the production of such evidence may be required from 
38.29 	any place in the state at any designated place of hearing, but whenever practical hearings 
38.30 	shall be held in a county where the labor dispute has arisen or exists.
38.31 	(b) In case of contumacy or refusal to obey a subpoena issued under paragraph (a), the 
38.32 	district court of the state for the county where the proceeding is pending or in which the 
38.33 	person guilty of such contumacy or refusal to obey is found, or resides, or transacts business, 
38.34 	or application by the commission shall have jurisdiction to issue to such person an order 
39.1 	requiring such person to appear before the commission, there to produce evidence as so 
39.2 	ordered, or there to give testimony touching the matter under investigation or in question, 
39.3 	and any failure to obey such order of the court may be punished by the court as a contempt 
39.4 	thereof.
39.5 	(c) Any party to or party affected by the dispute may appear before the commission in 
39.6 	person or by attorney or by their representative, and shall have the right to offer competent 
39.7 	evidence and to be heard on the issues before the report of the commission is made.
39.8 	(d) Any commissioners so appointed shall commission members appointed under section 
39.9 	179.07 must be paid a per diem allowance not to exceed that established for arbitrators in 
39.10 	section 179A.16, subdivision 8, and their necessary expenses while serving.

39.11 	Sec. 6. Minnesota Statutes 2022, section 179.11, is amended to read:
39.12 	179.11 EMPLOYEE UNFAIR LABOR PRACTICES.
39.13 	(a) It shall be is an unfair labor practice:
39.14 	(1) for any employee or labor organization to institute a strike if such strike is a violation 
39.15 	of any valid collective agreement between any employer and its employees or labor 
39.16 	organization and the employer is, at the time, in good faith complying with the provisions 
39.17 	of the agreement, or to violate the terms and conditions of such bargaining agreement;
39.18 	(2) for any employee or labor organization to institute a strike if the calling of such strike 
39.19 	is in violation of sections 179.06 or 179.07;
39.20 	(3) for any person to seize or occupy property unlawfully during the existence of a labor 
39.21 	dispute;
39.22 	(4) for any person to picket or cause to be picketed a place of employment of which 
39.23 	place the person is not an employee while a strike is in progress affecting the place of 
39.24 	employment, unless the majority of persons engaged in picketing the place of employment 
39.25 	at these times are employees of the place of employment;
39.26 	(5) for more than one person to picket or cause to be picketed a single entrance to any 
39.27 	place of employment where no strike is in progress at the time;
39.28 	(6) for any person to interfere in any manner with the operation of a vehicle or the 
39.29 	operator thereof when neither the owner nor operator of the vehicle is at the time a party to 
39.30 	a strike;
39.31 	(7) for any employee, labor organization, or officer, agent, or member thereof, to compel 
39.32 	or attempt to compel any person to join or to refrain from joining any labor organization or 
40.1 	any strike against the person's will by any threatened or actual unlawful interference with 
40.2 	the person, or immediate family member, or physical property, or to assault or unlawfully 
40.3 	threaten any such person while in pursuit of lawful employment;
40.4 	(8) unless the strike has been approved by a majority vote of the voting employees in a 
40.5 	collective bargaining unit of the employees of an employer or association of employers 
40.6 	against whom such strike is primarily directed, for any person or labor organization to 
40.7 	cooperate in engaging in, promoting, or inducing a strike. Such vote shall be taken by secret 
40.8 	ballot at an election called by the collective bargaining agent for the unit, and reasonable 
40.9 	notice shall be given to all employees in the collective bargaining unit of the time and place 
40.10 	of election; or
40.11 	(9) for any person or labor organization to hinder or prevent by intimidation, force, 
40.12 	coercion or sabotage, or by threats thereof, the production, transportation, processing or 
40.13 	marketing by a producer, processor or marketing organization, of agricultural products, or 
40.14 	to combine or conspire to cause or threaten to cause injury to any processor, producer or 
40.15 	marketing organization, whether by withholding labor or other beneficial intercourse, 
40.16 	refusing to handle, use or work on particular agricultural products, or by other unlawful 
40.17 	means, in order to bring such processor or marketing organization against its will into a 
40.18 	concerted plan to coerce or inflict damage upon any producer; provided that nothing in this 
40.19 	subsection shall prevent a strike which is called by the employees of such producer, processor 
40.20 	or marketing organization for the bona fide purpose of improving their own working 
40.21 	conditions or promoting or protecting their own rights of organization, selection of bargaining 
40.22 	representative or collective bargaining.
40.23 	The violation of clauses (2), (3), (4), (5), (6), (7), (8) and (9) are hereby declared to be 
40.24 	unlawful acts.
40.25 	(b) It is an unlawful act to violate paragraph (a), clause (2), (3), (4), (5), (6), (7), (8), or 
40.26 	(9).

40.27 	Sec. 7. Minnesota Statutes 2022, section 179.12, is amended to read:
40.28 	179.12 EMPLOYERS' EMPLOYER UNFAIR LABOR PRACTICES.
40.29 	(a) It is an unfair labor practice for an employer:
40.30 	(1) to institute a lockout of its employees in violation of a valid collective bargaining 
40.31 	agreement between the employer and its employees or labor organization if the employees 
40.32 	at the time are in good faith complying with the provisions of the agreement, or to violate 
40.33 	the terms and conditions of the bargaining agreement;
41.1 	(2) to institute a lockout of its employees in violation of section 179.06 or 179.07;
41.2 	(3) to encourage or discourage membership in a labor organization by discrimination in 
41.3 	regard to hire or tenure of employment or any terms or conditions of employment; provided, 
41.4 	that this clause does not apply to the provisions of collective bargaining agreements entered 
41.5 	into voluntarily by an employer and its employees or a labor organization representing the 
41.6 	employees as a bargaining agent, as provided by section 179.16;
41.7 	(4) to discharge or otherwise to discriminate against an employee because the employee 
41.8 	has signed or filed an affidavit, petition, or complaint or given information or testimony 
41.9 	under this chapter;
41.10 	(5) to spy directly or through agents or any other persons upon activities of employees 
41.11 	or their representatives in the exercise of their legal rights;
41.12 	(6) to distribute or circulate a blacklist of individuals exercising a legal right or of 
41.13 	members of a labor organization for the purpose of preventing individuals who are blacklisted 
41.14 	from obtaining or retaining employment;
41.15 	(7) to engage or contract for the services of a person who is an employee of another if 
41.16 	the employee is paid a wage that is less than the wage to be paid by the engaging or 
41.17 	contracting employer under an existing union contract for work of the same grade or 
41.18 	classification;
41.19 	(8) willfully and knowingly to utilize a professional strikebreaker to replace an employee 
41.20 	or employees involved in a strike or lockout at a place of business located within this state; 
41.21 	or
41.22 	(9) to grant or offer to grant the status of permanent replacement employee to a person 
41.23 	for performing bargaining unit work for an employer during a lockout of employees in a 
41.24 	labor organization or during a strike of employees in a labor organization authorized by a 
41.25 	representative of employees.
41.26 	The violation of (b) It is an unlawful act to violate paragraph (a), clause (2), (4), (5), (6), 
41.27 	(7), (8), or (9) is an unlawful act.

41.28 	Sec. 8. Minnesota Statutes 2022, section 179.254, subdivision 1, is amended to read:
41.29 		Subdivision 1.Scope. For the purposes of sections 179.254 to 179.256 179.257, the 
41.30 	following terms shalldefined in this section have the meanings subscribed to given them.

42.1 	Sec. 9. Minnesota Statutes 2022, section 179.256, is amended to read:
42.2 	179.256 NOTIFICATION NOTIFYING CONSTRUCTION WORKER OF 
42.3 	REIMBURSEMENT.
42.4 	Whenever a construction worker may qualify for the reimbursement of benefit payments 
42.5 	to a home benefit fund as described in under section 179.255, the trustees of the benefit 
42.6 	fund of which the worker is a member, or their agent, shall so notify the trustees of the 
42.7 	benefit fund to which payments will be made during the temporary period of work. Such 
42.8 	notification shall be made promptly in writing and shall include the name, address, and 
42.9 	Social Security number of the construction worker and the starting date of the temporary 
42.10 	period of work.

42.11 	Sec. 10. Minnesota Statutes 2022, section 179.26, is amended to read:
42.12 	179.26 DEFINITIONS; CERTAIN REPRESENTATION DISPUTES.
42.13 	When used in sections 179.26 to 179.29, unless the context clearly indicates otherwise, 
42.14 	each of the following words:"employee,""labor organization,""strike," and "lockout shall"
42.15 	have the meaning ascribed to it meanings given them in section 179.01.

42.16 	Sec. 11. Minnesota Statutes 2022, section 179.27, is amended to read:
42.17 	179.27 STRIKES OR BOYCOTTS PROHIBITED.
42.18 	When certification of a representative of employees for collective bargaining purposes 
42.19 	has been made by proper federal or state authority, it is unlawful during the effective period 
42.20 	of such certification for any employee, representative of employees, or labor organization 
42.21 	to conduct a strike or boycott against the employer of such employees or to picket any place 
42.22 	of business of the employer in order, by such strike, boycott, or picketing, to:
42.23 	(1) to deny the right of the representative so certified to act as such representative or;
42.24 	(2) to prevent such representative from acting as authorized by such certification,; or
42.25 	(3) to interfere with the business of the employer in an effort to do either act specified 
42.26 	in clauses under clause (1) and or (2) hereof.

42.27 	Sec. 12. Minnesota Statutes 2022, section 179.35, subdivision 1, is amended to read:
42.28 		Subdivision 1.Scope. Unless the language or context clearly indicates that a different 
42.29 	meaning is intended, the following words, terms and phrases, for the purposes of sections 
43.1 	179.35 to 179.39, shall be given defined in this section have the meanings subjoined to
43.2 	given them for purposes of sections 179.35 to 179.39.

43.3 	Sec. 13. Minnesota Statutes 2022, section 179.40, is amended to read:
43.4 	179.40 SECONDARY BOYCOTT; DECLARATION OF PUBLIC POLICY.
43.5 	(a) As a guide to the interpretation and application of sections 179.40 to 179.47, the 
43.6 	public policy of this state is declared to be:
43.7 	(1) to protect and promote the interests of the public, employees, and employers alike, 
43.8 	with due regard to the situation and to the rights of the others;
43.9 	(2) to promote industrial peace, regular and adequate income for employees, and 
43.10 	uninterrupted production of goods and services; and
43.11 	(3) to reduce the serious menace to the health, morals, and welfare of the people of this 
43.12 	state arising from economic insecurity due to stoppages and interruptions of business and 
43.13 	employment.
43.14 	(b) It is recognized that whatever may be the rights of disputants with respect to each 
43.15 	other in any controversy, they should not be permitted, in their controversy, to intrude 
43.16 	directly into the primary rights of third parties to earn a livelihood, transact business, and 
43.17 	engage in the ordinary affairs of life by lawful means and free from molestation, interference, 
43.18 	restraint, or coercion. The legislature, therefore, declares that, in its considered judgment, 
43.19 	the public good and the general welfare of the citizens of this state will be promoted by 
43.20 	prohibiting secondary boycotts and other coercive practices in this state.

43.21 	Sec. 14. Minnesota Statutes 2022, section 179.43, is amended to read:
43.22 	179.43 ILLEGAL COMBINATION; VIOLATION OF VIOLATING PUBLIC 
43.23 	POLICY.
43.24 	A secondary boycott as hereinbefore defined under section 179.41 is hereby declared 
43.25 	to be an illegal combination in restraint of trade and in violation of the public policy of this 
43.26 	state.

43.27 	Sec. 15. Minnesota Statutes 2022, section 179A.02, is amended to read:
43.28 	179A.02 CITATION.
43.29 	Sections 179A.01 to 179A.25shall be known may be cited as the "Public Employment 
43.30 	Labor Relations Act."

44.1 	Sec. 16. Minnesota Statutes 2022, section 179A.03, subdivision 17, is amended to read:
44.2 		Subd. 17.Supervisory employee. (a) "Supervisory employee" means a person who has 
44.3 	the authority to undertake a majority of the following supervisory functions in the interests 
44.4 	of the employer: hiring, transfer, suspension, promotion, discharge, assignment, reward, or 
44.5 	discipline of other employees, direction of the work of other employees, or adjustment of 
44.6 	other employees' grievances on behalf of the employer. To be included as a supervisory 
44.7 	function which the person has authority to undertake, the exercise of the authority by the 
44.8 	person may not be merely routine or clerical in nature but must require the use of independent 
44.9 	judgment. An employee, other than an essential employee, who has authority to effectively 
44.10 	recommend a supervisory function, is deemed to have authority to undertake that supervisory 
44.11 	function for the purposes of this subdivision. The administrative head of a municipality, 
44.12 	municipal utility, or police or fire department, and the administrative head's assistant, are 
44.13 	always considered supervisory employees.
44.14 	(b) The removal of employees by the employer from a nonsupervisory appropriate unit 
44.15 	for the purpose of designating the employees as "supervisory employees" shall require either 
44.16 	the prior written agreement of the exclusive representative and the written approval of the 
44.17 	commissioner or a separate determination by the commissioner before the redesignation is 
44.18 	effective.

44.19 	Sec. 17. Minnesota Statutes 2022, section 179A.06, subdivision 1, is amended to read:
44.20 		Subdivision 1.Expression of Expressing views. (a) Sections 179A.01 to 179A.25 do 
44.21 	not affect the right of any public employee or the employee's representative to express or 
44.22 	communicate a view, grievance, complaint, or opinion on any matter related to the conditions 
44.23 	or compensation of public employment or their betterment, so long as this is not designed 
44.24 	to and does not interfere with the full faithful and proper performance of the duties of 
44.25 	employment or circumvent the rights of the exclusive representative. Sections 179A.01 to 
44.26 	179A.25 do not require any public employee to perform labor or services against the 
44.27 	employee's will.
44.28 	(b) If no exclusive representative has been certified, any public employee individually, 
44.29 	or group of employees through their representative, has the right to express or communicate 
44.30 	a view, grievance, complaint, or opinion on any matter related to the conditions or 
44.31 	compensation of public employment or their betterment, by meeting with their public 
44.32 	employer or the employer's representative, so long as this is not designed to and does not 
44.33 	interfere with the full, faithful, and proper performance of the duties of employment.

45.1 	Sec. 18. Minnesota Statutes 2022, section 179A.06, subdivision 2, is amended to read:
45.2 		Subd. 2.Right to organize. (a) Public employees have the right to form and join labor 
45.3 	or employee organizations, and have the right not to form and join such organizations. 
45.4 	Public employees in an appropriate unit have the right by secret ballot to designate an 
45.5 	exclusive representative to negotiate grievance procedures and the terms and conditions of 
45.6 	employment with their employer. Confidential employees of the state, confidential court 
45.7 	employees, and confidential University of Minnesota employees are excluded from 
45.8 	bargaining. Supervisory and managerial court employees are excluded from bargaining. 
45.9 	Supervisory, managerial, and confidential employees of Hennepin Healthcare System, Inc., 
45.10 	are excluded from bargaining. Other confidential employees, supervisory employees, 
45.11 	principals, and assistant principals may form their own organizations. An employer shall 
45.12 	extend exclusive recognition to a representative of or an organization of supervisory or 
45.13 	confidential employees, or principals and assistant principals, for the purpose of negotiating 
45.14 	terms or conditions of employment, in accordance with sections 179A.01 to 179A.25, 
45.15 	applicable to essential employees.
45.16 	(b) Supervisory or confidential employee organizations shall not participate in any 
45.17 	capacity in any negotiations which involve units of employees other than supervisory or 
45.18 	confidential employees. Except for organizations which represent supervisors who are: (1) 
45.19 	firefighters, emergency medical service employees certified under section 144E.28, 911 
45.20 	system public safety dispatchers, peace officers subject to licensure under sections 626.84
45.21 	to 626.863, guards at correctional facilities, or employees at hospitals other than state 
45.22 	hospitals; and (2) not state or University of Minnesota employees, a supervisory or 
45.23 	confidential employee organization which is affiliated with another employee organization 
45.24 	which is the exclusive representative of nonsupervisory or nonconfidential employees of 
45.25 	the same public employer shall not be certified, or act as, an exclusive representative for 
45.26 	the supervisory or confidential employees. For the purpose of this subdivision, affiliation 
45.27 	means either direct or indirect and includes affiliation through a federation or joint body of 
45.28 	employee organizations.

45.29 	Sec. 19. Minnesota Statutes 2022, section 179A.06, subdivision 3, is amended to read:
45.30 		Subd. 3.Fair share fee. (a) An exclusive representative may require employees who 
45.31 	are not members of the exclusive representative to contribute a fair share fee for services 
45.32 	rendered by the exclusive representative. The fair share fee must be equal to the regular 
45.33 	membership dues of the exclusive representative, less the cost of benefits financed through 
45.34 	the dues and available only to members of the exclusive representative. In no event may 
46.1 	the fair share fee exceed 85 percent of the regular membership dues. The exclusive 
46.2 	representative shall provide advance written notice of the amount of the fair share fee to 
46.3 	the employer and to unit employees who will be assessed the fee. The employer shall provide 
46.4 	the exclusive representative with a list of all unit employees.
46.5 	(b) A challenge by an employee or by a person aggrieved by the fee must be filed in 
46.6 	writing with the commissioner, the public employer, and the exclusive representative within 
46.7 	30 days after receipt of the written notice. All challenges must specify those portions of the 
46.8 	fee challenged and the reasons for the challenge. The burden of proof relating to the amount 
46.9 	of the fair share fee is on the exclusive representative. The commissioner shall hear and 
46.10 	decide all issues in these challenges.
46.11 	(c) The employer shall deduct the fee from the earnings of the employee and transmit 
46.12 	the fee to the exclusive representative 30 days after the written notice was provided. If a 
46.13 	challenge is filed, the deductions for a fair share fee must be held in escrow by the employer 
46.14 	pending a decision by the commissioner.

46.15 	Sec. 20. Minnesota Statutes 2022, section 179A.08, subdivision 2, is amended to read:
46.16 		Subd. 2.Meet and confer. The professional employees shall select a representative to 
46.17 	meet and confer with a representative or committee of the public employer on matters not 
46.18 	specified under section 179A.03, subdivision 19, relating to the services being provided to 
46.19 	the public. The public employer shall provide the facilities and set the time for these 
46.20 	conferences meetings to take place. The parties shall meet at least once every four months.

46.21 	Sec. 21. Minnesota Statutes 2022, section 179A.10, subdivision 1, is amended to read:
46.22 		Subdivision 1.Exclusions. (a) The commissioner of management and budget shall meet 
46.23 	and negotiate with the exclusive representative of each of the units specified in this section, 
46.24 	except as provided in section 43A.06, subdivision 1, paragraph (c). The units provided in 
46.25 	this section are the only appropriate units for executive branch state employees. The following 
46.26 	employees shall be excluded from any appropriate unit:
46.27 	(1) the positions and classes of positions in the classified and unclassified services defined 
46.28 	as managerial by the commissioner of management and budget in accordance with section 
46.29 	43A.18, subdivision 3, and so designated in the official state compensation schedules;
46.30 	(2) unclassified positions in the Minnesota State Colleges and Universities defined as 
46.31 	managerial by the Board of Trustees;
46.32 	(3) positions of all unclassified employees appointed by a constitutional officer;
47.1 	(4) positions in the Bureau of Mediation Services and the Public Employment Relations 
47.2 	Board;
47.3 	(5) positions of employees whose classification is pilot or chief pilot;
47.4 	(6) administrative law judge and compensation judge positions in the Office of 
47.5 	Administrative Hearings;
47.6 	(7) positions of all confidential employees; and
47.7 	(8) positions of employees of the State Board of Investment who are employed under 
47.8 	the terms and conditions of the compensation plan approved under section 43A.18, 
47.9 	subdivision 3b.
47.10 	(b) The governor may upon the unanimous written request of exclusive representatives 
47.11 	of units and the commissioner direct that negotiations be conducted for one or more units 
47.12 	in a common proceeding or that supplemental negotiations be conducted for portions of a 
47.13 	unit or units defined on the basis of appointing authority or geography.

47.14 	Sec. 22. Minnesota Statutes 2022, section 179A.104, subdivision 1, is amended to read:
47.15 		Subdivision 1.Employee units. (a) The state Board of Public Defense shall meet and 
47.16 	negotiate with the exclusive representative of each of the statewide units specified in this 
47.17 	section. The units provided in this section are the only appropriate statewide units for state 
47.18 	employees of the board. Employees of the state Board of Public Defense, unless otherwise 
47.19 	excluded, are included within the units which include the classifications to which they are 
47.20 	assigned for purposes of compensation. The following are the appropriate statewide units 
47.21 	of state employees of the board:
47.22 	(1) Assistant District and Assistant State Public Defender Unit; and
47.23 	(2) Clerical and Support Staff Unit.
47.24 	(b) Each unit consists of the classifications or positions assigned to it in the schedule of 
47.25 	job classifications and positions maintained by the state Board of Public Defense.

47.26 	Sec. 23. Minnesota Statutes 2022, section 179A.12, subdivision 1, is amended to read:
47.27 		Subdivision 1.Certification continued. (a) Any employee organization holding formal 
47.28 	recognition by order of the commissioner or by employer voluntary recognition on the 
47.29 	effective date of Extra Session Laws 1971, chapter 33, under any law that is repealed by 
47.30 	Extra Session Laws 1971, chapter 33, is certified as the exclusive representative until it is 
47.31 	decertified or another representative is certified in its place.
48.1 	(b) Any teacher organization as defined by Minnesota Statutes 1969, section 125.20, 
48.2 	subdivision 3, which on the effective date of Extra Session Laws 1971, chapter 33, has a 
48.3 	majority of its members on a teacher's council in a school district as provided in Minnesota 
48.4 	Statutes 1969, section 125.22 is certified as the exclusive representative of all teachers of 
48.5 	that school district until the organization is decertified or another organization is certified 
48.6 	in its place.

48.7 	Sec. 24. Minnesota Statutes 2022, section 179A.15, is amended to read:
48.8 	179A.15 MEDIATION.
48.9 		Subdivision 1.Petitioning commissioner. Once notice has been given under section 
48.10 	179A.14, the employer or the exclusive representative may petition the commissioner for 
48.11 	mediation services.
48.12 		Subd. 2.Petition requirements; scheduling mediation. (a) A petition by an employer 
48.13 	shall be signed by the employer or an authorized officer or agent. A petition by an exclusive 
48.14 	representative shall be signed by its authorized officer. All petitions shall be served on the 
48.15 	commissioner in writing. The petition shall state briefly the nature of the disagreement of 
48.16 	the parties.
48.17 	(b) Upon receipt of a petition and upon concluding that mediation would be useful, the 
48.18 	commissioner shall fix a time and place for a conference meeting with the parties to negotiate 
48.19 	the issues not agreed upon, and shall then take the most expedient steps to bring about a 
48.20 	settlement, including assisting in negotiating and drafting an agreement.
48.21 		Subd. 3.Commissioner-initiated mediation. If the commissioner determines that 
48.22 	mediation would be useful in resolving a dispute, the commissioner may mediate the dispute 
48.23 	even if neither party has filed a petition for mediation. In these cases, the commissioner 
48.24 	shall proceed as if a petition had been filed.
48.25 		Subd. 4.Mediation restricted. The commissioner shall not furnish mediation services 
48.26 	to any employee or employee representative who is not certified as an exclusive 
48.27 	representative.
48.28 		Subd. 5.Mediation meetings. All parties shall respond to the summons of the 
48.29 	commissioner for conferences meetings and shall continue in conference meeting until 
48.30 	excused by the commissioner.

49.1 	Sec. 25. Minnesota Statutes 2022, section 179A.16, subdivision 1, is amended to read:
49.2 		Subdivision 1.Petitioning for arbitration; nonessential employees. (a) An exclusive 
49.3 	representative or an employer of a unit of employees other than essential employees may 
49.4 	request interest arbitration by providing written notice of the request to the other party and 
49.5 	the commissioner. The written request for arbitration must specify the items to be submitted 
49.6 	to arbitration and whether conventional, final-offer total-package, or final-offer item-by-item 
49.7 	arbitration is contemplated by the request.
49.8 	(b) The items to be submitted to arbitration and the form of arbitration to be used are 
49.9 	subject to mutual agreement. If an agreement to arbitrate is reached, it must be reduced to 
49.10 	writing and a copy of the agreement filed with the commissioner. A failure to respond, or 
49.11 	to reach agreement on the items or form of arbitration, within 15 days of receipt of the 
49.12 	request to arbitrate constitutes a rejection of the request.

49.13 	Sec. 26. Minnesota Statutes 2022, section 179A.16, subdivision 7, is amended to read:
49.14 		Subd. 7.Decision by Arbitrator or arbitrator panel; issuing decision. (a) The decision 
49.15 	must be issued by the arbitrator or a majority vote of the panel. The decision must resolve 
49.16 	the issues in dispute between the parties as submitted by the commissioner. For principals 
49.17 	and assistant principals, the arbitrator or panel is restricted to selecting between the final 
49.18 	offers of the parties on each impasse item. For other employees, if the parties agree in 
49.19 	writing, the arbitrator or panel is restricted to selecting between the final offers of the parties 
49.20 	on each impasse item, or the final offer of one or the other parties in its entirety. In 
49.21 	considering a dispute and issuing its decision, the arbitrator or panel shall consider the 
49.22 	statutory rights and obligations of public employers to efficiently manage and conduct their 
49.23 	operations within the legal limitations surrounding the financing of these operations. The 
49.24 	decision is final and binding on all parties.
49.25 	(b) The arbitrator or panel shall render its decision within 30 days from the date that all 
49.26 	arbitration proceedings have concluded. The arbitrator or panel may not request that the 
49.27 	parties waive their right to have the decision rendered within 30 days, unless the 
49.28 	commissioner grants an extension of the deadline. The commissioner shall remove from 
49.29 	the roster for six months the name of any arbitrator who does not render the decision within 
49.30 	30 days or within the extension granted by the commissioner. The commissioner shall adopt 
49.31 	rules establishing criteria to be followed in determining whether an extension should be 
49.32 	granted. The decision must be for the period stated in the decision, except that decisions 
49.33 	determining contracts for teacher units are effective to the end of the contract period 
49.34 	determined by section 179A.20.
50.1 	(c) The arbitrator or panel shall send its decision to the commissioner, the appropriate 
50.2 	representative of the public employer, and the employees. If any issues submitted to 
50.3 	arbitration are settled voluntarily before the arbitrator or panel issues a decision, the arbitrator 
50.4 	or panel shall report the settlement to the commissioner.
50.5 	(d) The parties may, at any time before or after issuance of a decision of the arbitrator 
50.6 	or panel, agree upon terms and conditions of employment regardless of the terms and 
50.7 	conditions of employment determined by the decision. The parties shall, if so agreeing, 
50.8 	execute a written contract or memorandum of contract.

50.9 	Sec. 27. Minnesota Statutes 2022, section 179A.18, subdivision 2, is amended to read:
50.10 		Subd. 2.School district requirements. Except as otherwise provided by section 179A.17, 
50.11 	subdivision 1, teachers employed by a local school district, other than principals and assistant 
50.12 	principals, may strike only under the following circumstances:
50.13 	(1)(i) the collective bargaining agreement between their exclusive representative and 
50.14 	their employer has expired or, if there is no agreement, impasse under section 179A.17, 
50.15 	subdivision 1, has occurred; and
50.16 	(ii) the exclusive representative and the employer have participated in mediation over 
50.17 	a period of at least 30 days. For the purposes of this item the mediation period commences 
50.18 	on the day that a mediator designated by the commissioner first attends a conference meeting
50.19 	with the parties to negotiate the issues not agreed upon; and
50.20 	(iii) neither party has requested interest arbitration or a request for binding interest 
50.21 	arbitration has been rejected; or
50.22 	(2) the employer violates section 179A.13, subdivision 2, clause (9).

50.23 	Sec. 28. Minnesota Statutes 2022, section 179A.18, subdivision 3, is amended to read:
50.24 		Subd. 3.Strike notice. (a) In addition to the other requirements of this section, no 
50.25 	employee may strike unless written notification of intent to strike is served on the employer 
50.26 	and the commissioner by the exclusive representative at least ten days prior to the 
50.27 	commencement of the strike. For all employees other than teachers, if more than 30 days 
50.28 	have expired after service of a notification of intent to strike, no strike may commence until 
50.29 	ten days after service of a new written notification. For teachers, no strike may commence 
50.30 	more than 25 days after service of notification of intent to strike unless, before the end of 
50.31 	the 25-day period, the exclusive representative and the employer agree that the period during 
50.32 	which a strike may commence shall be extended for an additional period not to exceed five 
51.1 	days. Teachers are limited to one notice of intent to strike for each contract negotiation 
51.2 	period, provided, however, that a strike notice may be renewed for an additional ten days, 
51.3 	the first five of which shall be a notice period during which no strike may occur, if the 
51.4 	following conditions have been satisfied:
51.5 	(1) an original notice was provided pursuant to this section; and
51.6 	(2) a tentative agreement to resolve the dispute was reached during the original strike 
51.7 	notice period; and
51.8 	(3) such tentative agreement was rejected by either party during or after the original 
51.9 	strike notice period.
51.10 	(b) The first day of the renewed strike notice period shall commence on the day following 
51.11 	the expiration of the previous strike notice period or the day following the rejection of the 
51.12 	tentative agreement, whichever is later. Notification of intent to strike under subdivisions 
51.13 	1, clause (1); and 2, clause (1), may not be served until the collective bargaining agreement 
51.14 	has expired, or if there is no agreement, on or after the date impasse under section 179A.17
51.15 	has occurred.

51.16 	Sec. 29. Minnesota Statutes 2022, section 179A.19, subdivision 6, is amended to read:
51.17 		Subd. 6.Hearings. (a) Any public employee is entitled to request the opportunity to 
51.18 	establish that the employee did not violate this section. The request shall be filed in writing 
51.19 	with the officer or body having the power to remove the employee, within ten days after 
51.20 	notice of termination is served upon the employee. The employing officer or body shall 
51.21 	within ten days commence a proceeding at which the employee shall be entitled to be heard 
51.22 	for the purpose of determining whether the provisions of this section have been violated by 
51.23 	the public employee. If there are contractual grievance procedures, laws or rules establishing 
51.24 	proceedings to remove the public employee, the hearing shall be conducted in accordance 
51.25 	with whichever procedure the employee elects. The election shall be binding and shall 
51.26 	terminate any right to the alternative procedures. The same proceeding may include more 
51.27 	than one employee's employment status if the employees' defenses are identical, analogous, 
51.28 	or reasonably similar. The proceedings shall be undertaken without unnecessary delay.
51.29 	(b) Any person whose termination is sustained in the administrative or grievance 
51.30 	proceeding may appeal in accordance with chapter 14.

52.1 	Sec. 30. Minnesota Statutes 2022, section 179A.20, subdivision 4, is amended to read:
52.2 		Subd. 4.Grievance procedure. (a) All contracts must include a grievance procedure 
52.3 	providing for compulsory binding arbitration of grievances including all written disciplinary 
52.4 	actions. If the parties cannot agree on the grievance procedure, they are subject to the 
52.5 	grievance procedure promulgated adopted by the commissioner under section 179A.04, 
52.6 	subdivision 3, paragraph (a), clause (h) (8).
52.7 	(b) Notwithstanding any home rule charter to the contrary, after the probationary period 
52.8 	of employment, any disciplinary action is subject to the grievance procedure and compulsory 
52.9 	binding arbitration.
52.10 	(c) Employees covered by civil service systems created under chapter 43A, 44, 375, 
52.11 	387, 419, or 420, by a home rule charter under chapter 410, or by Laws 1941, chapter 423, 
52.12 	may pursue a grievance through the procedure established under this section. When the 
52.13 	grievance is also within the jurisdiction of appeals boards or appeals procedures created by 
52.14 	chapter 43A, 44, 375, 387, 419, or 420, by a home rule charter under chapter 410, or by 
52.15 	Laws 1941, chapter 423, the employee may proceed through the grievance procedure or the 
52.16 	civil service appeals procedure, but once a written grievance or appeal has been properly 
52.17 	filed or submitted by the employee or on the employee's behalf with the employee's consent 
52.18 	the employee may not proceed in the alternative manner.
52.19 	(d) A teacher who elects a hearing before an arbitrator under section 122A.40, subdivision 
52.20 	15, or 122A.41, subdivision 13, or who elects or acquiesces to a hearing before the school 
52.21 	board may not later proceed in the alternative manner nor challenge the termination or 
52.22 	discharge through a grievance procedure required by this subdivision.
52.23 	(e) This section does not require employers or employee organizations to negotiate on 
52.24 	matters other than terms and conditions of employment.

52.25 	Sec. 31. Minnesota Statutes 2022, section 179A.23, is amended to read:
52.26 	179A.23 LIMITATION ON CONTRACTING-OUT OF SERVICES PROVIDED 
52.27 	BY MEMBERS OF A STATE OF MINNESOTA OR UNIVERSITY OF MINNESOTA 
52.28 	BARGAINING UNIT.
52.29 	(a) Any contract entered into after March 23, 1982, by the state of Minnesota or the 
52.30 	University of Minnesota involving services, any part of which, in the absence of the contract, 
52.31 	would be performed by members of a unit provided in sections 179A.10 and 179A.11, shall 
52.32 	be subject to section 16C.06 and shall provide for the preferential employment by a party 
53.1 	of members of that unit whose employment with the state of Minnesota or the University 
53.2 	of Minnesota is terminated as a result of that contract.
53.3 	(b) Contracts entered into by the state of Minnesota for the purpose of providing court 
53.4 	reporter services or transcription of the record of a hearing which was recorded by means 
53.5 	of an audio magnetic recording device shall be subject to section 16C.08 and the preferential 
53.6 	employment provisions enumerated in this section. Any court reporter seeking a contract 
53.7 	pursuant to the preferential employment provisions of this section shall be given preference 
53.8 	when the services are needed only if that court reporter's charges for the services requested 
53.9 	are no greater than the average of the charges made for the identical services by other court 
53.10 	reporters in the same locality who are also under contract with the state for those services.

53.11 	Sec. 32. Minnesota Statutes 2022, section 626.892, subdivision 12, is amended to read:
53.12 		Subd. 12.Interaction with other laws. (a) Sections 179A.21, subdivision 2, and 572B.11, 
53.13 	paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04 
53.14 	shall not apply to discipline-related grievance arbitrations involving peace officers governed 
53.15 	under this section.
53.16 	(b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or 
53.17 	resolution, peace officers, through their certified exclusive representatives, shall not have 
53.18 	the right to negotiate for or agree to a collective bargaining agreement or a grievance 
53.19 	arbitration selection procedure with their employers that is inconsistent with this section.
53.20 	(c) The arbitrator selection procedure for peace officer grievance arbitrations established 
53.21 	under this section supersedes any inconsistent provisions in chapter 179A or 572B or in 
53.22 	Minnesota Rules, chapters 5500 to 5530 and 7315 to 7325. Other arbitration requirements 
53.23 	in those chapters remain in full force and effect for peace officer grievance arbitrations, 
53.24 	except as provided in this section or to the extent inconsistent with this section.

53.25 	Sec. 33. REVISOR INSTRUCTION.
 53.26 	The revisor of statutes shall renumber Minnesota Statutes, section 179.35, subdivision 
53.27 	5, as Minnesota Statutes, section 179.35, subdivision 7.

53.28 	Sec. 34. REPEALER.
 53.29 	Minnesota Rules, part 5510.0310, subpart 13, is repealed.

54.1 	ARTICLE 6
54.2 	MINIMUM WAGE

54.3 	Section 1. Minnesota Statutes 2022, section 177.23, is amended by adding a subdivision 
54.4 	to read:
54.5 		Subd. 12.Large employer. "Large employer" means an enterprise whose annual gross 
54.6 	volume of sales made or business done is not less than $500,000, exclusive of excise taxes 
54.7 	at the retail level that are separately stated, and covered by the Minnesota Fair Labor 
54.8 	Standards Act, sections 177.21 to 177.35.

54.9 	EFFECTIVE DATE. This section is effective January 1, 2025.

54.10 	Sec. 2. Minnesota Statutes 2022, section 177.23, is amended by adding a subdivision to 
54.11 	read:
54.12 		Subd. 13.Small employer. "Small employer" means an enterprise whose annual gross 
54.13 	volume of sales made or business done is less than $500,000, exclusive of excise taxes at 
54.14 	the retail level that are separately stated, and covered by the Minnesota Fair Labor Standards 
54.15 	Act, sections 177.21 to 177.35.

54.16 	EFFECTIVE DATE. This section is effective January 1, 2025.

54.17 	Sec. 3. Minnesota Statutes 2022, section 177.24, subdivision 1, is amended to read:
54.18 		Subdivision 1.Amount. (a) For purposes of this subdivision, the terms defined in this 
54.19 	paragraph have the meanings given them.
54.20 	(1) "Large employer" means an enterprise whose annual gross volume of sales made or 
54.21 	business done is not less than $500,000 (exclusive of excise taxes at the retail level that are 
54.22 	separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21
54.23 	to 177.35.
54.24 	(2) "Small employer" means an enterprise whose annual gross volume of sales made or 
54.25 	business done is less than $500,000 (exclusive of excise taxes at the retail level that are 
54.26 	separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21
54.27 	to 177.35.
54.28 	(b) (a) Except as otherwise provided in sections 177.21 to 177.35:,
54.29 	(1) every large employer must pay each employee wages at a rate of at least:
54.30 	(i) (1) $8.00 per hour beginning August 1, 2014;
55.1 	(ii) (2) $9.00 per hour beginning August 1, 2015;
55.2 	(iii) (3) $9.50 per hour beginning August 1, 2016; and
55.3 	(iv) (4) the rate established under paragraph (f) (c) beginning January 1, 2018; and.
55.4 	(2) every small employer must pay each employee at a rate of at least:
55.5 	(i) $6.50 per hour beginning August 1, 2014;
55.6 	(ii) $7.25 per hour beginning August 1, 2015;
55.7 	(iii) $7.75 per hour beginning August 1, 2016; and
55.8 	(iv) the rate established under paragraph (f) beginning January 1, 2018.
55.9 	(c) (b) Notwithstanding paragraph (b) (a), during the first 90 consecutive days of 
55.10 	employment, an employer may pay an employee under the age of 20 years a wage of at 
55.11 	least:
55.12 	(1) $6.50 per hour beginning August 1, 2014;
55.13 	(2) $7.25 per hour beginning August 1, 2015;
55.14 	(3) $7.75 per hour beginning August 1, 2016; and
55.15 	(4) the rate established under paragraph (f) (c) beginning January 1, 2018.
55.16 	No employer may take any action to displace an employee, including a partial displacement 
55.17 	through a reduction in hours, wages, or employment benefits, in order to hire an employee 
55.18 	at the wage authorized in this paragraph.
55.19 	(d) Notwithstanding paragraph (b), an employer that is a "hotel or motel," "lodging 
55.20 	establishment," or "resort" as defined in Minnesota Statutes 2012, section 157.15, 
55.21 	subdivisions 7, 8, and 11, must pay an employee working under a contract with the employer 
55.22 	that includes the provision by the employer of a food or lodging benefit, if the employee is 
55.23 	working under authority of a summer work travel exchange visitor program (J) nonimmigrant 
55.24 	visa, a wage of at least:
55.25 	(1) $7.25 per hour beginning August 1, 2014;
55.26 	(2) $7.50 per hour beginning August 1, 2015;
55.27 	(3) $7.75 per hour beginning August 1, 2016; and
55.28 	(4) the rate established under paragraph (f) beginning January 1, 2018.
56.1 	No employer may take any action to displace an employee, including a partial displacement 
56.2 	through a reduction in hours, wages, or employment benefits, in order to hire an employee 
56.3 	at the wage authorized in this paragraph.
56.4 	(e) Notwithstanding paragraph (b), a large employer must pay an employee under the 
56.5 	age of 18 at a rate of at least:
56.6 	(1) $6.50 per hour beginning August 1, 2014;
56.7 	(2) $7.25 per hour beginning August 1, 2015;
56.8 	(3) $7.75 per hour beginning August 1, 2016; and
56.9 	(4) the rate established under paragraph (f) beginning January 1, 2018.
56.10 	No employer may take any action to displace an employee, including a partial displacement 
56.11 	through a reduction in hours, wages, or employment benefits, in order to hire an employee 
56.12 	at the wage authorized in this paragraph.
56.13 	(f) (c) No later than August 31 of each year, beginning in 2017, the commissioner shall 
56.14 	determine the percentage increase in the rate of inflation, as measured by the implicit price 
56.15 	deflator, national data for personal consumption expenditures as determined by the United 
56.16 	States Department of Commerce, Bureau of Economic Analysis during the 12-month period 
56.17 	immediately preceding that August or, if that data is unavailable, during the most recent 
56.18 	12-month period for which data is available. The minimum wage rates in paragraphs (a) 
56.19 	and (b), (c), (d), and (e) are increased by the lesser of: (1) 2.5 5 percent, rounded to the 
56.20 	nearest cent; or (2) the percentage calculated by the commissioner, rounded to the nearest 
56.21 	cent. A minimum wage rate shall not be reduced under this paragraph. The new minimum 
56.22 	wage rates determined under this paragraph take effect on the next January 1.
56.23 	(g)(1) No later than September 30 of each year, beginning in 2017, the commissioner 
56.24 	may issue an order that an increase calculated under paragraph (f) not take effect. The 
56.25 	commissioner may issue the order only if the commissioner, after consultation with the 
56.26 	commissioner of management and budget, finds that leading economic indicators, including 
56.27 	but not limited to projections of gross domestic product calculated by the United States 
56.28 	Department of Commerce, Bureau of Economic Analysis; the Consumer Confidence Index 
56.29 	issued by the Conference Board; and seasonally adjusted Minnesota unemployment rates, 
56.30 	indicate the potential for a substantial downturn in the state's economy. Prior to issuing an 
56.31 	order, the commissioner shall also calculate and consider the ratio of the rate of the calculated 
56.32 	change in the minimum wage rate to the rate of change in state median income over the 
56.33 	same time period used to calculate the change in wage rate. Prior to issuing the order, the 
57.1 	commissioner shall hold a public hearing, notice of which must be published in the State 
57.2 	Register, on the department's website, in newspapers of general circulation, and by other 
57.3 	means likely to inform interested persons of the hearing, at least ten days prior to the hearing. 
57.4 	The commissioner must allow interested persons to submit written comments to the 
57.5 	commissioner before the public hearing and for 20 days after the public hearing.
57.6 	(2) The commissioner may in a year subsequent to issuing an order under clause (1), 
57.7 	make a supplemental increase in the minimum wage rate in addition to the increase for a 
57.8 	year calculated under paragraph (f). The supplemental increase may be in an amount up to 
57.9 	the full amount of the increase not put into effect because of the order. If the supplemental 
57.10 	increase is not the full amount, the commissioner may make a supplemental increase of the 
57.11 	difference, or any part of a difference, in a subsequent year until the full amount of the 
57.12 	increase ordered not to take effect has been included in a supplemental increase. In making 
57.13 	a determination to award a supplemental increase under this clause, the commissioner shall 
57.14 	use the same considerations and use the same process as for an order under clause (1). A 
57.15 	supplemental wage increase is not subject to and shall not be considered in determining 
57.16 	whether a wage rate increase exceeds the limits for annual wage rate increases allowed 
57.17 	under paragraph (f).

57.18 	EFFECTIVE DATE. This section is effective January 1, 2025.

57.19 	Sec. 4. Minnesota Statutes 2023 Supplement, section 204B.19, subdivision 6, is amended 
57.20 	to read:
57.21 		Subd. 6.Trainee election judges. (a) Notwithstanding any other requirements of this 
57.22 	section, a student enrolled in a high school in Minnesota or who is in a home school in 
57.23 	compliance with sections 120A.22 and 120A.24, who has attained the age of 16 is eligible 
57.24 	to be appointed as a without party affiliation trainee election judge in the county in which 
57.25 	the student maintains residence, or a county adjacent to the county in which the student 
57.26 	maintains residence. The student must meet qualifications for trainee election judges specified 
57.27 	in rules of the secretary of state. A student appointed under this subdivision while enrolled 
57.28 	in a high school or receiving instruction in a home school may continue to serve as a trainee 
57.29 	election judge after the student graduates and until the student reaches the age of 18.
57.30 	(b) A student appointed as a trainee election judge may be excused from school attendance 
57.31 	during the hours that the student is serving as a trainee election judge if the student submits 
57.32 	a written request signed and approved by the student's parent or guardian to be absent from 
57.33 	school and a certificate from the appointing authority stating the hours during which the 
57.34 	student will serve as a trainee election judge to the principal of the school at least ten days 
58.1 	prior to the election. A trainee election judge shall not serve after 10:00 p.m. Notwithstanding 
58.2 	section 177.24 to the contrary, trainee election judges may be paid not less than two-thirds 
58.3 	of the minimum wage for a large an employer. The principal of the school may approve a 
58.4 	request to be absent from school conditioned on acceptable academic performance at the 
58.5 	time of service as a trainee election judge.

58.6 	EFFECTIVE DATE. This section is effective January 1, 2025.

58.7 	Sec. 5. REVISOR INSTRUCTION.
 58.8 	In each of the statutory sections listed in Column A, the revisor of statutes shall replace 
58.9 	the statutory citation in Column B with the statutory citation listed in Column C.

58.10	Column A
	Column B
	Column C
	
58.11
58.12	175.007, subdivision 1, 
paragraph (b)
	177.24, subdivision 1, 
paragraph (a), clause (2)
	177.23, subdivision 13
	
58.13
58.14	222.50, subdivision 5, clause 
(4), item (ii)
	177.24, subdivision 1, 
paragraph (b)
	177.24, subdivision 1, 
paragraph (a)
	
58.15
58.1658.17	550.136, subdivision 3, 
paragraph (a), clause (2)
	177.24, subdivision 1, 
paragraph (b), clause (1), item 
(iii)
	177.24, subdivision 1, 
paragraph (a), clause (3)
	
58.18
58.1958.20	551.06, subdivision 3, 
paragraph (a), clause (2)
	177.24, subdivision 1, 
paragraph (b), clause (1), item 
(iii)
	177.24, subdivision 1, 
paragraph (a), clause (3)
	
58.21
58.2258.23	571.922, paragraph (a), clause 
(2), item (i)
	177.24, subdivision 1, 
paragraph (b), clause (1), item 
(iii)
	177.24, subdivision 1, 
paragraph (a), clause (3)

58.24 	EFFECTIVE DATE. This section is effective January 1, 2025.

58.25 	ARTICLE 7
58.26 	MISCELLANEOUS LABOR POLICY

58.27 	Section 1. Minnesota Statutes 2022, section 177.24, is amended by adding a subdivision 
58.28 	to read:
58.29 		Subd. 3a.Gratuities; credit cards or charges. (a) Gratuities received by an employee 
58.30 	through a debit, charge, credit card, or electronic payment shall be credited to that pay period 
58.31 	in which they are received by the employee.
58.32 	(b) Where a gratuity is received by an employee through a debit, charge, credit card, or 
58.33 	electronic payment, the full amount of gratuity indicated in the payment must be distributed 
58.34 	to the employee no later than the next scheduled pay period.

58.35 	EFFECTIVE DATE. This section is effective August 1, 2024.

59.1 	Sec. 2. [181.173] SALARY RANGES REQUIRED IN JOB POSTINGS.
59.2 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms have 
59.3 	the meanings given.
59.4 	(b) "Employer" means a person or entity that employs 30 or more employees at a 
59.5 	minimum of one site and includes an individual, corporation, partnership, association, 
59.6 	nonprofit organization, group of persons, state, county, town, city, school district, or other 
59.7 	governmental subdivision.
59.8 	(c) "Posting" means any solicitation intended to recruit job applicants for a specific 
59.9 	available position, including recruitment done directly by an employer or indirectly through 
59.10 	a third party, and includes any postings made electronically or via printed hard copy, that 
59.11 	includes qualifications for desired applicants.
59.12 	(d) "Salary range" means the minimum and maximum annual salary or hourly range of 
59.13 	compensation, based on the employer's good faith estimate, for a job opportunity of the 
59.14 	employer at the time of the posting of an advertisement for such opportunity.
59.15 		Subd. 2.Salary ranges in job postings required. (a) An employer must disclose in 
59.16 	each posting for each job opening with the employer the starting salary range and a general 
59.17 	description of all of the benefits and other compensation to be offered to a hired job applicant.
59.18 	(b) An employer that does not plan to offer a salary range for a position must list a fixed 
59.19 	pay rate. A salary range may not be open ended.

59.20 	Sec. 3. Minnesota Statutes 2023 Supplement, section 181.531, subdivision 3, is amended 
59.21 	to read:
59.22 		Subd. 3.Notice. (a) The commissioner shall develop an educational poster providing 
59.23 	notice of employees' rights provided under this section. The notice shall be available in 
59.24 	English and the five most common languages spoken in Minnesota.
59.25 	Within 30 days of August 1, 2023, (b) An employer subject to this section shall post 
59.26 	and keep posted, a the notice of employee rights under this section created pursuant to this 
59.27 	subdivision in a place where employee notices are customarily placed located within the 
59.28 	workplace.

59.29 	EFFECTIVE DATE. This section is effective October 1, 2024.

60.1 	Sec. 4. Minnesota Statutes 2022, section 181.950, is amended by adding a subdivision to 
60.2 	read:
60.3 		Subd. 9a.Oral fluid test. "Oral fluid test" means analysis of a saliva sample for the 
60.4 	purpose of measuring the presence of the same substances as drug and alcohol testing and 
60.5 	cannabis testing that:
60.6 	(1) can detect drugs, alcohol, cannabis, or their metabolites in levels at or above the 
60.7 	threshold detection levels contained in the standards of one of the programs listed in section 
60.8 	181.953, subdivision 1; and
60.9 	(2) does not require the services of a testing laboratory under section 181.953, subdivision 
60.10 	1.

60.11 	Sec. 5. Minnesota Statutes 2022, section 181.951, subdivision 1, is amended to read:
60.12 		Subdivision 1.Limitations on testing. (a) An employer may not request or require an 
60.13 	employee or job applicant to undergo drug and alcohol testing except as authorized in this 
60.14 	section.
60.15 	(b) An employer may not request or require an employee or job applicant to undergo 
60.16 	drug or alcohol testing unless the testing is done pursuant to a written drug and alcohol 
60.17 	testing policy that contains the minimum information required in section 181.952; and,
60.18 	either: (1) is conducted by a testing laboratory which participates in one of the programs 
60.19 	listed in section 181.953, subdivision 1; or (2) complies with the oral fluid test procedures 
60.20 	under section 181.953, subdivision 5a.
60.21 	(c) An employer may not request or require an employee or job applicant to undergo 
60.22 	drug and alcohol testing on an arbitrary and capricious basis.

60.23 	Sec. 6. Minnesota Statutes 2023 Supplement, section 181.953, subdivision 1, is amended 
60.24 	to read:
60.25 		Subdivision 1.Use of licensed, accredited, or certified laboratory required. (a) Except 
60.26 	as provided under subdivision 5a, an employer who requests or requires an employee or 
60.27 	job applicant to undergo drug or alcohol testing or cannabis testing shall use the services 
60.28 	of a testing laboratory that meets one of the following criteria for drug testing:
60.29 	(1) is certified by the National Institute on Drug Abuse as meeting the mandatory 
60.30 	guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988;
61.1 	(2) is accredited by the College of American Pathologists, 325 Waukegan Road, 
61.2 	Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; 
61.3 	or
61.4 	(3) is licensed to test for drugs by the state of New York, Department of Health, under 
61.5 	Public Health Law, article 5, title V, and rules adopted under that law.
61.6 	(b) For alcohol testing, the laboratory must either be:
61.7 	(1) licensed to test for drugs and alcohol by the state of New York, Department of Health, 
61.8 	under Public Health Law, article 5, title V, and the rules adopted under that law; or
61.9 	(2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, 
61.10 	Illinois, 60093-2750, in the laboratory accreditation program.

61.11 	Sec. 7. Minnesota Statutes 2023 Supplement, section 181.953, subdivision 3, is amended 
61.12 	to read:
61.13 		Subd. 3.Laboratory testing, reporting, and sample retention requirements. (a) A 
61.14 	testing laboratory that is not certified by the National Institute on Drug Abuse according to 
61.15 	subdivision 1 shall follow the chain-of-custody procedures prescribed for employers in 
61.16 	subdivision 5. A testing laboratory shall conduct a confirmatory test on all samples that 
61.17 	produced a positive test result on an initial screening test. A laboratory shall disclose to the 
61.18 	employer a written test result report for each sample tested within three working days after 
61.19 	a negative test result on an initial screening test or, when the initial screening test produced 
61.20 	a positive test result, within three working days after a confirmatory test. A test report must 
61.21 	indicate the drugs, alcohol, drug or alcohol metabolites, or cannabis or cannabis metabolites 
61.22 	tested for and whether the test produced negative or positive test results. A laboratory shall 
61.23 	retain and properly store for at least six months all samples that produced a positive test 
61.24 	result.
61.25 	(b) This subdivision and the chain-of-custody procedures under subdivision 5 do not 
61.26 	apply to oral fluid testing under subdivision 5a.

61.27 	Sec. 8. Minnesota Statutes 2023 Supplement, section 181.953, is amended by adding a 
61.28 	subdivision to read:
61.29 		Subd. 5a.Oral fluid testing. (a) An employer may elect to comply with the oral fluid 
61.30 	testing procedures under this subdivision as an alternative to the drug and alcohol testing 
61.31 	or cannabis testing procedures for employees and job applicants in this section.
62.1 	(b) An employer may request or require an employee or a job applicant to undergo oral 
62.2 	fluid testing. Within 48 hours of an oral fluid test that indicates a positive test result or the 
62.3 	test is inconclusive or invalid, the employee or job applicant may request drug or alcohol 
62.4 	testing or cannabis testing at no cost to the employee or job applicant using the services of 
62.5 	a testing laboratory under subdivision 1. The rights, notice, and limitations in subdivisions 
62.6 	7 to 8 and 10 to 11 apply to the employee or job applicant and a laboratory test conducted 
62.7 	pursuant to this paragraph.
62.8 	(c) If the laboratory test under paragraph (b) is positive, any subsequent confirmatory 
62.9 	retest, if requested by the employee or job applicant, must be conducted following the retest 
62.10 	procedures provided in subdivision 6, paragraph (c), and subdivision 9 at the employee's 
62.11 	or job applicant's own expense.

62.12 	Sec. 9. [182.678] SURGICAL SMOKE EVACUATION SYSTEM POLICIES.
62.13 		Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in this 
62.14 	subdivision have the meanings given.
62.15 	(b) "Surgical smoke" means the gaseous by-product produced by energy-generating 
62.16 	devices including surgical plume, smoke plume, bio-aerosols, laser-generated airborne 
62.17 	contaminants, or lung-damaging dust.
62.18 	(c) "Smoke evacuation system" means equipment that effectively captures and filters 
62.19 	surgical smoke at the site of origin before the smoke makes contact with the eyes or the 
62.20 	respiratory tract of occupants in the room.
62.21 	(d) "Health care employer" means a hospital as defined in section 144.50, subdivision 
62.22 	2, or an ambulatory surgical facility or outpatient surgical center as defined in section 144.55, 
62.23 	subdivision 2, paragraph (b).
62.24 		Subd. 2.Surgical smoke evacuation system policies required. A health care employer 
62.25 	shall adopt and implement policies to prevent exposure to surgical smoke by requiring the 
62.26 	use of a smoke evacuation system during any surgical procedure that is likely to generate 
62.27 	surgical smoke.
62.28 		Subd. 3.Enforcement. This section shall be enforced by the commissioner under sections 
62.29 	182.66 and 182.661. A violation of this section is subject to the penalties provided under 
62.30 	section 182.666.

62.31 	EFFECTIVE DATE. This section is effective January 1, 2025.

63.1 	Sec. 10. REPEALER.
 63.2 	Minnesota Rules, part 5200.0080, subpart 7, is repealed.

63.3 	EFFECTIVE DATE. This section is effective August 1, 2024.

APPENDIX 

Repealed Minnesota Statutes: S3852-2 

178.036 STANDARDS OF APPRENTICESHIP.Subd. 10.Training cycle. 
The training cycle for related instruction must be designated in hours, days, or months for each individual trade or occupation included in the standards. 

5200.0080GRATUITIES/TIPS CREDITS. Subp. 7.Credit cards or charges.  
Gratuities presented to a direct service employee via inclusion on a charge or credit card shall be credited to that pay period in which they are received by the direct service employee and for which they appear on the direct service employee's tip statement. 

Where a tip is given by a customer through a credit or charge card, the full amount of tip must be allowed the direct service employee minus only the percentage deducted from the tip in the same ratio as the percentage deducted from the total bill by the service company. 

5200.0400APPRENTICESHIP COMMITTEE RULES. 
Adoption of apprenticeship committee rules or changes must be submitted to the director of the division in writing for approval. 

5510.0310DEFINITIONS. Subp. 13.Hearing officer or mediator.  
"Hearing officer" or "mediator" means the commissioner or an authorized agent.