HF 155

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to employment; creating restrictions on the 
  1.3             use of temporary employees; providing a civil penalty; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 181. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [181.980] [DEFINITIONS.] 
  1.8      Subdivision 1.  [WORDS, TERMS, PHRASES.] For the purposes 
  1.9   of sections 181.980 to 181.983 and unless the context clearly 
  1.10  indicates that a different meaning is intended, the following 
  1.11  terms have the meanings given them in this section. 
  1.12     Subd. 2.  [TEMPORARY CONTRACT LABOR AGENCY.] "Temporary 
  1.13  contract labor agency" means an organization that hires people 
  1.14  to work in temporary positions for employers who are clients of 
  1.15  that organization. 
  1.16     Subd. 3.  [EMPLOYER.] "Employer" means any person, firm, 
  1.17  corporation, partnership, or association that contracts for the 
  1.18  services of temporary workers with a temporary contract labor 
  1.19  agency. 
  1.20     Subd. 4.  [TEMPORARY WORKER.] "Temporary worker" means a 
  1.21  person who performs temporary services on behalf of a temporary 
  1.22  contract labor agency for an employer who is a client of that 
  1.23  temporary contract labor agency. 
  1.24     Subd. 5.  [PERMANENT EMPLOYEE.] "Permanent employee" means 
  1.25  a person who is employed by an employer for a period of 90 days 
  2.1   or more. 
  2.2      Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
  2.3   commissioner of labor and industry. 
  2.4      Sec. 2.  [181.981] [DURATION OF TEMPORARY POSITIONS 
  2.5   LIMITED.] 
  2.6      Subdivision 1.  [LIMIT.] An employer may not fill a 
  2.7   position with a temporary worker or workers for more than a 
  2.8   total of 600 working days in any consecutive three-year period. 
  2.9      Subd. 2.  [EXCEPTIONS.] The restriction in subdivision 1 
  2.10  does not apply to employers whose average total workforce, 
  2.11  including both temporary workers and permanent employees, is 
  2.12  comprised of either: 
  2.13     (1) fewer than 20 employees; or 
  2.14     (2) less than ten percent permanent employees. 
  2.15     Sec. 3.  [181.982] [INFORMATION REQUESTS.] 
  2.16     The commissioner may request information from any temporary 
  2.17  contract labor agency concerning its placements of temporary 
  2.18  workers or from any employer concerning its use of temporary 
  2.19  workers.  The person to whom the request is made must respond to 
  2.20  the commissioner within 15 days of the request. 
  2.21     Sec. 4.  [181.983] [CIVIL PENALTY.] 
  2.22     Anyone who violates section 181.981 or 181.982 is subject 
  2.23  to a fine of not less than $500 and not more than $3,000.