HF 3839
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/05/2026 04:51 p.m.
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A bill for an act
relating to employment; exempting certain individuals working in transportation
occupations from the Minnesota Paid Leave Law; amending Minnesota Statutes
2024, section 268B.01, subdivisions 15, 17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 268B.01, subdivision 15, is amended to read:
Subd. 15.
Covered employment.
(a) "Covered employment" means performing services
of whatever nature, unlimited by the relationship of master and servant as known to the
common law, or any other legal relationship performed for wages or under any contract
calling for the performance of services, written or oral, express or implied.
(b) For the purposes of this chapter, covered employment means an employee's entire
employment during a calendar year if:
(1) 50 percent or more of the employment during the calendar year is performed in
Minnesota; or
(2) 50 percent or more of the employment during the calendar year is not performed in
Minnesota or any other single state within the United States, or United States territory or
foreign nation, but some of the employment is performed in Minnesota and the employee's
residence is in Minnesota during 50 percent or more of the calendar year.
(c) "Covered employment" does not include:
(1) a self-employed individual;
(2) an independent contractor; deleted text begin or
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(3) employment by a seasonal employee, as defined in subdivision 35deleted text begin .deleted text end new text begin ;
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(4) any individual in a position for which the United States Department of Transportation
has power to establish qualifications and maximum hours of service under United States
Code, title 49, section 31502; or
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(5) any individual hired by a business entity identified as meeting the definitions listed
in the Standard Industrial Codes (SIC) 4212-01 through 4231-02 Motor Freight
Transportation and Warehousing.
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(d) Entities that are excluded under this section may opt in to coverage following a
procedure determined by the commissioner. In such cases, services provided by employees
are considered covered employment under subdivision 15.
(e) The commissioner may adopt rules in accordance with chapter 14 to:
(1) further define the application of this subdivision; and
(2) establish the criteria for covered employment for individuals that do not meet the
criteria in paragraphs (a) and (b), but that perform services as an employee to a Minnesota
employer.
Sec. 2.
Minnesota Statutes 2024, section 268B.01, subdivision 17, is amended to read:
Subd. 17.
Employee.
(a) "Employee" means an individual who performs services of
whatever nature for an employer.
(b) Employee does not include employees of the United States of America, self-employed
individuals, or independent contractors.
(c) Employee does not include seasonal employees as defined in subdivision 35.
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(d) Employee does not include any individual in a position for which the United States
Department of Transportation has power to establish qualifications and maximum hours of
service under United States Code, title 49, section 31502.
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(e) Employee does not include any individual hired by a business entity identified as
meeting the definitions listed in the Standard Industrial Codes (SIC) 4212-01 through
4231-02 Motor Freight Transportation and Warehousing.
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