SF 691

Introduction - 94th Legislature (2025 - 2026)

Posted on 01/28/2025 10:22 a.m.

A bill for an act
relating to employment; prohibiting employment of unauthorized individuals;
proposing coding for new law in Minnesota Statutes, chapter 181.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [181.995] EMPLOYMENT OF UNAUTHORIZED INDIVIDUALS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of labor and industry.
new text end

new text begin (c) "Employee" means a person who performs services for hire in Minnesota for an
employer. Employee does not include an independent contractor.
new text end

new text begin (d) "Employer" means a person or entity that employs one or more employees in
Minnesota and includes the state and any political subdivision of the state.
new text end

new text begin (e) "License" means any permit, registration, certification, or other form of approval
authorized by statute or rule to be issued by the state or a political subdivision of the state
as a condition of doing business in Minnesota.
new text end

new text begin (f) "Unauthorized individual" means an individual who does not have the legal right or
authorization under federal law to work in the United States as described in United States
Code, title 8, section 1324a(h)(3).
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No employer shall knowingly employ an unauthorized individual
as an employee.
new text end

new text begin Subd. 3. new text end

new text begin Investigations. new text end

new text begin The commissioner shall investigate possible violations of this
section whenever the commissioner has cause to believe that a violation has occurred, either
on the basis of a report of a suspected violation or on the basis of any other credible
information, including violations found during the course of an investigation.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement; penalty. new text end

new text begin (a) Upon a violation of this section, the commissioner
shall:
new text end

new text begin (1) order the employer to terminate the employment of all unauthorized individuals; and
new text end

new text begin (2) direct the applicable agencies to suspend all licenses held by the employer for up to
14 business days.
new text end

new text begin (b) The commissioner may issue a penalty to the employer of not less than $1,000 and
not more than $10,000 per violation of this section.
new text end

new text begin (c) In determining the length of a license suspension and the amount of any penalty, the
commissioner shall consider any prior misconduct by the employer, the duration of the
violation, the number of unauthorized individuals employed by the employer, and other
relevant factors.
new text end

new text begin (d) For the purposes of this section, proof of verifying the employment authorization of
an employee through the e-verify program creates a rebuttable presumption that an employer
did not knowingly employ an unauthorized individual.
new text end