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Office of the Revisor of Statutes

HF 239

as introduced - 90th Legislature (2017 - 2018) Posted on 03/01/2017 03:33pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/12/2017

Current Version - as introduced

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A bill for an act
relating to employment; establishing a Working Parents Act; providing wage theft
protection; providing paid family leave; providing earned sick and safe time;
requiring fair scheduling; imposing penalties; requiring reports; authorizing
rulemaking; appropriating money; amending Minnesota Statutes 2016, sections
13.7905, by adding a subdivision; 177.24, by adding a subdivision; 177.253,
subdivision 1; 177.254, subdivision 1; 177.27, subdivisions 2, 4, 7, 8, 9, by adding
subdivisions; 177.28, subdivision 1; 177.32; 181.032; 181.940; 181.941; 181.942;
181.943; 181.9436; 181.944; 290.0132, by adding a subdivision; 541.05,
subdivision 1; 541.07; proposing coding for new law in Minnesota Statutes, chapters
177; 181; repealing Minnesota Statutes 2016, section 181.9413; Minnesota Rules,
part 5200.0080, subpart 7.

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

ARTICLE 1

WORKING PARENTS ACT

Section 1. new text beginCITATION; WORKING PARENTS ACT.
new text end

new text begin This act shall be known as the "Working Parents Act."
new text end

ARTICLE 2

WAGE THEFT PROTECTION

Section 1.

Minnesota Statutes 2016, section 13.7905, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Complaints to the Department of Labor and Industry. new text end

new text begin Certain data regarding
employee complaints to the commissioner of labor and industry are classified under section
177.27, subdivision 11.
new text end

Sec. 2.

Minnesota Statutes 2016, section 177.24, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Gratuities; credit cards or charges. new text end

new text begin (a) Gratuities presented to an employee
via inclusion on a debit, charge, or credit card shall be credited to that pay period in which
they are received by the employee and for which they appear on the employee's tip statement.
new text end

new text begin (b) Where a gratuity is given by a customer through a debit, charge, or credit card, the
full amount of gratuity must be allowed the employee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2016, section 177.253, subdivision 1, is amended to read:


Subdivision 1.

Rest breaks.

An employer must allow each employee deleted text beginadequate time
from work within each four consecutive hours of work to utilize the nearest convenient
restroom
deleted text endnew text begin a rest break of at least ten minutes per four consecutive hours of work. Time spent
by employees on rest breaks must be counted as hours worked
new text end.

Sec. 4.

Minnesota Statutes 2016, section 177.254, subdivision 1, is amended to read:


Subdivision 1.

Meal break.

deleted text begin An employer must permit each employee who is working
for eight or more consecutive hours sufficient time to eat a meal.
deleted text end new text begin An employer must permit
each employee who works for five or more consecutive hours a meal break of at least 30
minutes, except that if the work period for the day is six consecutive hours or less, the
employee and employer may waive the meal break by mutual consent.
new text end

Sec. 5.

Minnesota Statutes 2016, section 177.27, subdivision 7, is amended to read:


Subd. 7.

Employer liability.

new text begin(a) new text endIf an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28, and
the commissioner issues an order to comply, the commissioner shall order the employer to
cease and desist from engaging in the violative practice and to take such affirmative steps
that in the judgment of the commissioner will effectuate the purposes of the section or rule
violated. The commissioner shall order the employer to pay to the aggrieved parties back
pay, gratuities, deleted text beginanddeleted text end compensatory damages, new text beginand predictability pay under section 181.99,
new text end less any amount actually paid to the employee by the employer, and for an additional deleted text beginequaldeleted text end
amount deleted text beginas liquidated damages.deleted text endnew text begin equal to twice the unpaid wages, overtime pay, gratuities,
and predictability pay under section 181.99. In addition, the commissioner may order the
employer to pay civil penalties of up to $1,000 per violation. The commissioner must
consider the factors described in section 14.045, subdivision 3, paragraph (a), when assessing
these civil penalties.
new text end

new text begin (b) new text endAny employer who is found by the commissioner to have repeatedly or willfully
violated a section or sections identified in subdivision 4 shall be subject to a civil penalty
of deleted text beginup to deleted text enddeleted text begin$1,000deleted text endnew text begin at least $5,000, but no more than $10,000new text end for each violation for each
employee. new text beginThe commissioner must consider the factors described in section 14.045, including
those contained in section 14.045, subdivision 3, paragraph (b), when assessing these civil
penalties.
new text end

new text begin (c) new text endIn determining the amount of a civil penalty under this subdivision, the appropriateness
of such penalty to the size of the employer's business and the gravity of the violation shall
be considered. In addition, the commissioner may order the employer to reimburse the
department and the attorney general for all appropriate litigation and hearing costs expended
in preparation for and in conducting the contested case proceeding, unless payment of costs
would impose extreme financial hardship on the employer. If the employer is able to establish
extreme financial hardship, then the commissioner may order the employer to pay a
percentage of the total costs that will not cause extreme financial hardship. Costs include
but are not limited to the costs of services rendered by the attorney general, private attorneys
if engaged by the department, administrative law judges, court reporters, and expert witnesses
as well as the cost of transcripts. Interest shall accrue on, and be added to, the unpaid balance
of a commissioner's order from the date the order is signed by the commissioner until it is
paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c). The
commissioner may establish escrow accounts for purposes of distributing damages.

new text begin (d) In addition to paragraph (c), when the commissioner finds that an employer has
repeatedly or willfully violated a section or sections identified in subdivision 4, the
commissioner shall take the following actions:
new text end

new text begin (1) the commissioner shall identify any state, county, or municipal agency, or municipality
as defined in section 466.01, subdivision 1, that has issued licenses or permits necessary
for the employer to conduct its business;
new text end

new text begin (2) the commissioner shall order any identified state, county, or municipal agency, or
municipality as defined in section 466.01, subdivision 1, to immediately revoke or suspend
any such licenses or permits until the commissioner determines that the employer has
remedied all violations.
new text end

new text begin (e) The commissioner has the power to take the actions described in paragraph (d),
notwithstanding any conflicting statute, rule, ordinance, or other regulation. A state, county,
or municipal agency, or municipality as defined in section 466.01, subdivision 1, has the
power to comply with an order of the commissioner under paragraph (d), notwithstanding
any conflicting statute, rule, ordinance, or other regulation.
new text end

Sec. 6.

Minnesota Statutes 2016, section 177.27, subdivision 8, is amended to read:


Subd. 8.

Court actions; suits brought by private parties.

An employee may bring a
civil action seeking redress for a violation or violations of sections 177.21 to 177.44 directly
to district court. An employer who pays an employee less than the wages and overtime
compensation to which the employee is entitled under sections 177.21 to 177.44 is liable
to the employee for the full amount of the wages, gratuities, and overtime compensation,
less any amount the employer is able to establish was actually paid to the employee and for
an additional deleted text beginequaldeleted text end amount deleted text beginas liquidated damagesdeleted text endnew text begin equal to twice the unpaid wages, overtime
pay, and gratuities
new text end. In addition, in an action under this subdivision the employee may seek
damages and other appropriate relief provided by subdivision 7 and otherwise provided by
law. An agreement between the employee and the employer to work for less than the
applicable wage is not a defense to the action.

Sec. 7.

Minnesota Statutes 2016, section 177.27, subdivision 9, is amended to read:


Subd. 9.

District court jurisdiction.

Any action brought under subdivision 8 may be
filed in the district court of the county wherein a violation or violations deleted text beginof sections 177.21
to 177.44
deleted text end are alleged to have been committed, where the respondent resides or has a principal
place of business, or any other court of competent jurisdiction. The action may be brought
by one or more employees.new text begin An employee may choose to have a person or organization bring
an action on the employee's behalf. In such a case, the person or organization has the power
to settle or adjust the claim.
new text end

Sec. 8.

Minnesota Statutes 2016, section 177.27, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Employee complaints. new text end

new text begin (a) Any person or organization may file an
administrative complaint or an informal complaint with the department claiming an employer
has violated sections 177.21 to 177.44 as to any employee or person.
new text end

new text begin (b) The commissioner shall allow for anonymous informal and administrative complaints.
The commissioner shall take steps to keep the identity of a complaining employee or other
individual confidential if that employee or individual so chooses.
new text end

new text begin (c) If the commissioner investigates a complaint against an employer and the
commissioner chooses to review employer records related to the complaint, the commissioner
shall review the relevant records of all employees at that work site in order to:
new text end

new text begin (1) maintain the employee's anonymity; and
new text end

new text begin (2) determine whether a pattern of violations has occurred.
new text end

new text begin (d) Any information regarding a complaint under this subdivision is excluded from any
requirements for disclosure under the Minnesota Government Data Practices Act.
new text end

Sec. 9.

Minnesota Statutes 2016, section 177.27, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Wage bonds. new text end

new text begin (a) If, upon investigation by the commissioner of any complaint
under sections 177.21 to 177.44, the commissioner finds that an employer is not paying
wages due its employees, the commissioner may require the employer to give the department
a bond, with sufficient surety, in an amount that the commissioner deems reasonable and
adequate under the circumstances. Forfeiture of the bond may be conditioned on the employer
continuing to conduct its business and paying its employees in accordance with all laws for
a definite period not to exceed six months.
new text end

new text begin (b) If, within ten days after the commissioner demands such a bond, the employer fails
to provide it, the commissioner may bring an action against the employer, in any court of
competent jurisdiction, to compel the employer to provide the bond or to cease conducting
business until the employer has done so. The employer shall have the burden of proving
the amount of the bond to be excessive.
new text end

Sec. 10.

new text begin [177.311] GRANTS TO COMMUNITY ORGANIZATIONS.
new text end

new text begin The commissioner must make grants to community organizations for the purpose of
outreach to and education for employees affected by sections 177.21 to 177.44 regarding
employee rights under those sections. The community-based organizations must be selected
based on their experience, capacity, and relationships in high-violation industries. The work
under any such grant may include the creation and administration of a statewide worker
hotline.
new text end

Sec. 11.

new text begin [177.315] EMPLOYER RETALIATION.
new text end

new text begin No employer shall discharge or take any other adverse action against any person in
retaliation for asserting any claim or right under sections 177.21 to 177.44, for assisting any
other person in doing so, or for informing any person about the person's rights under sections
177.21 to 177.44. An employer taking any adverse action against a person within one year
of a person's engaging in the foregoing activities shall raise a presumption that such action
was retaliation, which may be rebutted by clear and convincing evidence that the action
was taken for other permissible reasons.
new text end

Sec. 12.

Minnesota Statutes 2016, section 177.32, is amended to read:


177.32 PENALTIES.

Subdivision 1.

deleted text beginMisdemeanorsdeleted text endnew text begin Crimesnew text end.

new text begin(a) new text endAn employer who does any of the following
is guilty of a misdemeanor:

(1) hinders or delays the commissioner in the performance of duties required under
sections 177.21 to 177.435;

(2) refuses to admit the commissioner to the place of business or employment of the
employer, as required by section 177.27, subdivision 1;

(3) repeatedly fails to make, keep, and preserve records as required by section 177.30;

(4) falsifies any record;

(5) refuses to make any record available, or to furnish a sworn statement of the record
or any other information as required by section 177.27;

(6) repeatedly fails to post a summary of sections 177.21 to 177.44 or a copy or summary
of the applicable rules as required by section 177.31;

(7) pays or agrees to pay wages at a rate less than the rate required under sections 177.21
to 177.44new text begin, and the total of any such wages in relation to all affected employees is less than
$5,000
new text end;

(8) refuses to allow adequate time from work as required by section 177.253; or

(9) otherwise violates any provision of sections 177.21 to 177.44.

new text begin (b) An employer is guilty of a gross misdemeanor if the employer fails to pay any wages
due to an employee or employees under sections 177.21 to 177.44, and the total of any such
wages in relation to all affected employees is $5,000 or more.
new text end

new text begin (c) An employer who is convicted of a crime under paragraph (a) or (b) and is
subsequently convicted of a second crime under paragraph (a) or (b) within two years of
the first conviction is guilty of a felony.
new text end

Subd. 2.

deleted text beginFinedeleted text endnew text begin Finesnew text end.

An employer shall be fined not less than deleted text begin$700deleted text endnew text begin $5,000new text end nor more
than deleted text begin$3,000deleted text endnew text begin $10,000new text end if convicted of discharging or otherwise discriminating against any
employee because:

(1) the employee has complained to the employer or to the department that wages have
not been paid in accordance with sections 177.21 to 177.435;

(2) the employee has instituted or will institute a proceeding under or related to sections
177.21 to 177.435; or

(3) the employee has testified or will testify in any proceeding.

Sec. 13.

new text begin [177.321] PENALTIES; SPECIAL ACCOUNT.
new text end

new text begin All civil penalties collected under sections 177.21 to 177.44, must be deposited in the
state treasury and credited to a special account. Money in the account is annually appropriated
to the commissioner of labor and industry to administer sections 177.311 and 181.9436.
new text end

Sec. 14.

new text begin [181.724] CONTRACTS FOR LABOR OR SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Contract; insufficient funds. new text end

new text begin A person or entity shall not enter into a
contract or agreement for labor or services where the person or entity knows or should know
that the contract or agreement does not include funds sufficient to allow the contractor to
comply with all applicable local, state, and federal laws or regulations governing the labor
or services to be provided.
new text end

new text begin Subd. 2. new text end

new text begin Rebuttable presumption. new text end

new text begin There is a rebuttable presumption affecting the
burden of proof that there has been no violation of subdivision 1 where the contract or
agreement with a contractor meets all of the requirements in subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Exclusions. new text end

new text begin Subdivision 1 does not apply to a person or entity who executes a
collective bargaining agreement covering the workers employed under the contract or
agreement, or to a person who enters into a contract or agreement for labor or services to
be performed on the person's home residence, provided that a family member resides in the
residence or residences for which the labor or services are to be performed for at least part
of the year.
new text end

new text begin Subd. 4. new text end

new text begin Written contract; provisions. new text end

new text begin To meet the requirements of subdivision 2, a
contract or agreement with a contractor for labor or services shall be in writing, in a single
document, and contain all of the following provisions, in addition to any other provisions
that may be required by the commissioner:
new text end

new text begin (1) the name, address, and telephone number of the person or entity and the contractor
through whom the labor or services are to be provided;
new text end

new text begin (2) a description of the labor or services to be provided and a statement of when those
services are to be commenced and completed;
new text end

new text begin (3) the employer identification number for state tax purposes of the contractor;
new text end

new text begin (4) the workers' compensation insurance policy number and the name, address, and
telephone number of the contractor;
new text end

new text begin (5) the vehicle identification number of any vehicle that is owned by the contractor and
used for transportation in connection with any service provided pursuant to the contract or
agreement, the number of the vehicle liability insurance policy that covers the vehicle, and
the name, address, and telephone number of the insurance carrier;
new text end

new text begin (6) the address of any real property to be used to house workers in connection with the
contract or agreement;
new text end

new text begin (7) the total number of workers to be employed under the contract or agreement, the
total amount of all wages to be paid, and the date or dates when those wages are to be paid;
new text end

new text begin (8) the amount of the commission or other payment made to the contractor for services
under the contract or agreement;
new text end

new text begin (9) the total number of persons who will be utilized under the contract or agreement as
independent contractors, along with a list of the current local, state, and federal contractor
license identification numbers that the independent contractors are required to have under
local, state, or federal laws or regulations; and
new text end

new text begin (10) the signatures of all parties, and the date the contract or agreement was signed.
new text end

new text begin Subd. 5. new text end

new text begin Material changes. new text end

new text begin (a) To qualify for the rebuttable presumption in subdivision
2, a material change to the terms and conditions of a contract or agreement between a person
or entity and a contractor must be in writing, in a single document, and contain all of the
provisions listed in subdivision 4 that are affected by the change.
new text end

new text begin (b) If a provision required to be contained in a contract or agreement under subdivision
4, clause (7) or (9), is unknown at the time the contract or agreement is executed, the best
estimate available at that time is sufficient to satisfy the requirements of subdivision 4. If
an estimate is used in place of actual figures, the parties to the contract or agreement have
a continuing duty to ascertain the information required under subdivision 4, clause (7) or
(9), and to reduce that information to writing according to the requirements of paragraph
(a) once that information becomes known.
new text end

new text begin Subd. 6. new text end

new text begin Written contract; commissioner review. new text end

new text begin A person or entity who enters into
a contract or agreement referred to in subdivision 4 or 5 shall keep a copy of the written
contract or agreement for a period of not less than four years following the termination of
the contract or agreement. Upon the request of the commissioner of labor and industry, any
person or entity who enters into the contract or agreement shall provide to the commissioner
a copy of the provisions of the contract or agreement, and any other documentation, related
to subdivision 4, clauses (1) to (10). Documents obtained under this section are exempt
from disclosure under the Minnesota Government Data Practices Act, chapter 13.
new text end

new text begin Subd. 7. new text end

new text begin Penalties. new text end

new text begin (a) An employee aggrieved by a violation of subdivision 1 may file
an action for damages to recover the greater of all actual damages or $250 per employee
per violation for an initial violation and $1,000 per employee for each subsequent violation,
and, upon prevailing in an action brought under this section, may recover costs and reasonable
attorney fees. An action under this section shall not be maintained unless it is pleaded and
proved that an employee was injured as a result of a violation of a labor law or regulation
in connection with the performance of the contract or agreement.
new text end

new text begin (b) An employee aggrieved by a violation of subdivision 1 may also bring an action for
injunctive relief and, upon prevailing, may recover costs and reasonable attorney fees.
new text end

new text begin Subd. 8. new text end

new text begin Know or should know; definition. new text end

new text begin (a) The term "know" as used in this section
includes the knowledge, arising from familiarity with the normal facts and circumstances
of the business activity engaged in, that the contract or agreement does not include funds
sufficient to allow the contractor to comply with applicable laws.
new text end

new text begin (b) The phrase "should know" as used in this section includes the knowledge of any
additional facts or information that would make a reasonably prudent person undertake to
inquire whether, taken together, the contract or agreement contains sufficient funds to allow
the contractor to comply with applicable laws.
new text end

new text begin (c) A failure by a person or entity to request or obtain any information from the contractor
that is required by any applicable statute, or by the contract or agreement between them,
constitutes knowledge of that information for purposes of this section.
new text end

Sec. 15.

new text begin [181.915] EMPLOYER STATEMENT TO EMPLOYEES.
new text end

new text begin An employer must provide each newly hired employee, before the employee begins the
employee's duties, and each current employee annually, a written statement, in English and
in the principal language of the employee, describing the terms and conditions of the
employee's employment. The statement must include, but is not limited to, the following:
new text end

new text begin (1) the full name, mailing address, and phone number of the employer;
new text end

new text begin (2) the federal and state tax identification numbers of each employer, but not including
Social Security numbers of employers who are individuals;
new text end

new text begin (3) the place or places of employment;
new text end

new text begin (4) the hours of work per day and number of days per week that the employee will be
required to work;
new text end

new text begin (5) the wages the employer will pay the employee per hour, day, week, or other measure
and the frequency and nature of payment of those wages;
new text end

new text begin (6) the anticipated period of employment;
new text end

new text begin (7) the circumstances and rate for which an employee will be paid a premium for working
in excess of a set number of hours per day, week, or month; or for working on designated
nights, weekends, or holidays;
new text end

new text begin (8) a description of any provision to the employee by the employer, how long such
provision will be provided by the employer, and any costs for such provision the employer
will require the employee to pay, including, but not limited to:
new text end

new text begin (i) transportation to and from work;
new text end

new text begin (ii) housing;
new text end

new text begin (iii) health insurance or health care;
new text end

new text begin (iv) any paid or unpaid leave or holidays;
new text end

new text begin (v) pension or retirement benefits;
new text end

new text begin (vi) personal protective equipment required for the work;
new text end

new text begin (vii) workers' compensation policies, including information about the employer insurance
policy or policies, and rules regarding the reporting of accidents or injuries; and
new text end

new text begin (viii) new text end new text begin unemployment compensation;
new text end

new text begin (9) the nature of the work to be performed by the employee;
new text end

new text begin (10) information regarding any existing strike, lockout, or concerted work stoppage,
slowdown, or interruption of operations at the place of employment; and
new text end

new text begin (11) information regarding any known local, state, or federal investigations into the
employer's health or safety practices over the prior five years, and the outcome of such
investigations, if known.
new text end

Sec. 16.

Minnesota Statutes 2016, section 541.05, subdivision 1, is amended to read:


Subdivision 1.

Six-year limitation.

Except where the Uniform Commercial Code
otherwise prescribes, the following actions shall be commenced within six years:

(1) upon a contract or other obligation, express or implied, as to which no other limitation
is expressly prescribed;

(2) upon a liability created by statute, other than those arising upon a penalty or forfeiture
or where a shorter period is provided by section 541.07;

(3) for a trespass upon real estate;

(4) for taking, detaining, or injuring personal property, including actions for the specific
recovery thereof;

(5) for criminal conversation, or for any other injury to the person or rights of another,
not arising on contract, and not hereinafter enumerated;

(6) for relief on the ground of fraud, in which case the cause of action shall not be deemed
to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(7) against sureties upon the official bond of any public officer, whether of the state or
of any county, town, school district, or a municipality therein; in which case the limitation
shall not begin to run until the term of such officer for which the bond was given shall have
expired;

(8) for damages caused by a dam, used for commercial purposes; deleted text beginor
deleted text end

(9) for assault, battery, false imprisonment, or other tort resulting in personal injury, if
the conduct that gives rise to the cause of action also constitutes domestic abuse as defined
in section 518B.01deleted text begin.deleted text endnew text begin; or
new text end

new text begin (10) for the recovery of wages, overtime or damages, fees, or penalties accruing under
any federal or state law respecting the payment of wages, overtime or damages, fees, or
penalties. The term "wages" means all remuneration for services or employment, including
commissions, gratuities, and bonuses and the cash value of all remuneration in any medium
other than cash, where the relationship of master and servant exists and the term "damages"
means single, double, or treble damages, accorded by any statutory cause of action
whatsoever and whether or not the relationship of master and servant exists.
new text end

Sec. 17.

Minnesota Statutes 2016, section 541.07, is amended to read:


541.07 TWO- OR THREE-YEAR LIMITATIONS.

Except where the Uniform Commercial Code, this section, section 541.05, 541.073,
541.076, or 604.205 otherwise prescribes, the following actions shall be commenced within
two years:

(1) for libel, slander, assault, battery, false imprisonment, or other tort resulting in
personal injury, and all actions against veterinarians as defined in chapter 156, for
malpractice, error, mistake, or failure to cure, whether based on contract or tort; provided
a counterclaim may be pleaded as a defense to any action for services brought by a
veterinarian after the limitations period if it was the property of the party pleading it at the
time it became barred and was not barred at the time the claim sued on originated, but no
judgment thereof except for costs can be rendered in favor of the party so pleading it;

(2) upon a statute for a penalty or forfeiture, except as provided in sections 541.074 and
541.075;

(3) for damages caused by a dam, other than a dam used for commercial purposes; but
as against one holding under the preemption or homestead laws, the limitations shall not
begin to run until a patent has been issued for the land so damaged;

(4) against a master for breach of an indenture of apprenticeship; the limitation runs
from the expiration of the term of service;

deleted text begin (5) for the recovery of wages or overtime or damages, fees, or penalties accruing under
any federal or state law respecting the payment of wages or overtime or damages, fees, or
penalties except, that if the employer fails to submit payroll records by a specified date upon
request of the Department of Labor and Industry or if the nonpayment is willful and not the
result of mistake or inadvertence, the limitation is three years. (The term "wages" means
all remuneration for services or employment, including commissions and bonuses and the
cash value of all remuneration in any medium other than cash, where the relationship of
master and servant exists and the term "damages" means single, double, or treble damages,
accorded by any statutory cause of action whatsoever and whether or not the relationship
of master and servant exists);
deleted text end

deleted text begin (6)deleted text endnew text begin (5)new text end for damages caused by the establishment of a street or highway grade or a change
in the originally established grade;new text begin and
new text end

deleted text begin (7)deleted text endnew text begin (6)new text end against the person who applies the pesticide for injury or damage to property
resulting from the application, but not the manufacture or sale, of a pesticide.

Sec. 18. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall make any necessary cross-reference changes arising from
renumbering in this act, including any grammatical changes to preserve sentence structure.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 5200.0080, subpart 7, new text end new text begin is repealed.
new text end

ARTICLE 3

PAID FAMILY LEAVE

Section 1.

Minnesota Statutes 2016, section 181.941, is amended to read:


181.941 PREGNANCY deleted text beginANDdeleted text endnew text begin,new text end PARENTINGnew text begin, AND CAREGIVERnew text end LEAVE.

Subdivision 1.

Twelve-week leave; pregnancy, deleted text beginbirth, or adoptiondeleted text endnew text begin parenting, and
caregiver leave
new text end.

(a) An employer must grant an unpaid leave of absence to an employee
who is:

(1) a biological deleted text beginordeleted text endnew text begin,new text end adoptivenew text begin, or fosternew text end parent in conjunction with the birth deleted text beginordeleted text endnew text begin,new text end adoptionnew text begin,
or placement through foster care
new text end of a child; deleted text beginor
deleted text end

(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth, or
related health conditionsnew text begin;new text endnew text begin or
new text end

new text begin (3) caring for a family member who has a serious health conditionnew text end.

(b) The length of the leave shall be determined by the employee, but must not exceed
12 weeks, unless agreed to by the employer.

Subd. 2.

Start of leave.

The leave shall begin at a time requested by the employee. The
employer may adopt reasonable policies governing the timing of requests for unpaid leave
and may require an employee who plans to take a leave under this section to give the
employer reasonable notice of the date the leave shall commence and the estimated duration
of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the leave must
begin within 12 months of the birth or adoption; except that, in the case where the child
must remain in the hospital longer than the mother, the leave must begin within 12 months
after the child leaves the hospital.

Subd. 3.

No employer retribution.

An employer shall not retaliate against an employee
for requesting or obtaining a leave of absence as provided by this section.

Subd. 4.

Continued insurance.

The employer must continue to make coverage available
to the employee while on leave of absence under any group insurance policy, group subscriber
contract, or health care plan for the employee and any dependents. Nothing in this section
requires the employer to pay the costs of the insurance or health care while the employee
is on leave of absence.

new text begin Subd. 5. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin If, in conjunction with a leave under this
section, an employer possesses health or medical information regarding an employee or an
employee's family member, the employer must treat such information as confidential and
not disclose the information except with the permission of the employee.
new text end

Sec. 2.

new text begin [181.9411] PREGNANCY, PARENTING, AND CAREGIVER LEAVE
INSURANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Health care provider" has the same meaning as set forth in the FMLA.
new text end

new text begin (c) "Serious health condition" has the same meaning as set forth in the FMLA.
new text end

new text begin (d) "Median county family income" means the median family income under the American
Community Survey 5-Year Estimates for the most recent year available in the county where
the employee resides.
new text end

new text begin Subd. 2. new text end

new text begin Benefits; application and eligibility. new text end

new text begin (a) Beginning one year after the date on
which the commissioner starts collecting premiums pursuant to subdivision 6, benefits under
this section must be paid to an employee who:
new text end

new text begin (1) is eligible for leave under section 181.941; and
new text end

new text begin (2) files an application for benefits in the manner required by the commissioner.
new text end

new text begin (b) In addition to the requirements of paragraph (a), the commissioner may require:
new text end

new text begin (1) an employee who files a claim for benefits to attest that the employee has requested
leave from his or her employer under section 181.941; or
new text end

new text begin (2) submit a certification from the health care provider providing care to the employee's
family member supporting the claim that the employee's family member has a serious health
condition, provided the employee is filing an application for benefits related to leave under
section 181.941, subdivision 1, paragraph (a), clause (3), or the FMLA.
new text end

new text begin Subd. 3. new text end

new text begin Duration of benefits; payment intervals. new text end

new text begin (a) The maximum amount of time
an employee may receive benefits under this section is six weeks.
new text end

new text begin (b) Failure to submit an application for benefits in the manner and form required by the
commissioner does not automatically invalidate an employee's eligibility for benefits, but
the commissioner is not required to pay benefits for a period of more than two weeks before
the date on which an employee files an application for benefits conforming with the
commissioner's requirements.
new text end

new text begin (c) The commissioner must make the first payment of benefits to an eligible employee
within two weeks after the employee files an application of benefits conforming to the
commissioner's requirements. The commissioner must make later payments biweekly.
new text end

new text begin Subd. 4. new text end

new text begin Amount of benefits; maximum weekly benefit. new text end

new text begin (a) The commissioner must
calculate an employee's weekly benefit amount as follows:
new text end

new text begin (1) for an employee whose yearly earnings are not more than 27 percent of the median
county family income, the commissioner must pay weekly benefits in an amount equal to
95 percent of the employee's weekly wage;
new text end

new text begin (2) for an employee whose yearly earnings are more than 27 percent, but not more than
45 percent, of the median county family income, the commissioner must pay weekly benefits
in an amount equal to 90 percent of the employee's weekly wage;
new text end

new text begin (3) for an employee whose yearly earnings are more than 45 percent, but not more than
65 percent, of the median county family income, the commissioner must pay weekly benefits
in an amount equal to 85 percent of the employee's weekly wage;
new text end

new text begin (4) for an employee whose yearly earnings are equal to or more than 65 percent of the
median county family income, the commissioner must pay weekly benefits in an amount
equal to 66 percent of the eligible individual's weekly wage.
new text end

new text begin (b) Notwithstanding paragraph (a), an employee's weekly benefit must not exceed $1,000
per week.
new text end

new text begin (c) Beginning two years after the date on which the commissioner starts collecting
premiums pursuant to subdivision 6, the commissioner must annually adjust the maximum
weekly benefit amount to reflect changes in the United States Bureau of Labor Statistics
consumer price index for the Minneapolis-St. Paul consolidated metropolitan statistical area
for all urban consumers, all goods, or its successor index.
new text end

new text begin (d) Benefits are not payable for less than one day of leave taken in one work week.
new text end

new text begin Subd. 5. new text end

new text begin Pregnancy, parenting, and caregiver leave insurance account. new text end

new text begin A pregnancy,
parenting, and caregiver leave insurance account is created in the special revenue fund.
Money in the account is annually appropriated to the Department of Labor and Industry
and does not lapse. The commissioner shall manage and administer the account in accordance
with this section.
new text end

new text begin Subd. 6. new text end

new text begin Employee and employer premiums. new text end

new text begin (a) Starting on a date determined by the
commissioner but no later than one year after the effective date of this section, every
employee employed by an employer must pay a premium equal to 0.1 percent of the
employee's yearly wages to fund the program, but the maximum annual premium charged
to an employee must not exceed $78 per year. The premium is assessed on the first $78,000
of wages earned in a calendar year.
new text end

new text begin (b) Starting on a date determined by the commissioner but no later than one year after
the effective date of this section, every employer must pay a premium equal to the total of
premiums paid by the employer's employees.
new text end

new text begin (c) Each employer must collect the premium amount from each employee as a payroll
deduction from the employee's wages each payroll period and shall remit the premium
amount, along with the matching employer premium, to the commissioner, who must send
the premiums to the Department of Management and Budget for deposit in the pregnancy,
parenting, and caregiver leave insurance account in the special revenue fund.
new text end

new text begin (d) Starting two years after the date on which the commissioner begins collecting
premiums pursuant to this subdivision, the commissioner must annually adjust the maximum
annual premium amount and the amount of annual income on which the premium is assessed
to reflect changes in the United States Bureau of Labor Statistics consumer price index for
the Minneapolis-St. Paul consolidated metropolitan statistical area for all urban consumers,
all goods, or its successor index.
new text end

new text begin Subd. 7. new text end

new text begin Disqualification from benefits; erroneous payments. new text end

new text begin (a) An employee must
not receive benefits under this section for one year if the individual willfully makes a false
statement or misrepresentation regarding a material fact, or willfully fails to report a material
fact, to obtain benefits under this section.
new text end

new text begin (b) If benefits under this section are paid erroneously or as a result of a willful
misrepresentation or omission, or if a claim for benefits under this section is rejected after
benefits are paid, the commissioner may seek repayment of benefits from the recipient.
new text end

new text begin Subd. 8. new text end

new text begin Federal taxation of benefits. new text end

new text begin (a) If the Internal Revenue Service determines
that benefits under this section are subject to federal income tax, the commissioner must
advise an individual filing a claim for benefits, at the time of filing, that:
new text end

new text begin (1) the Internal Revenue Service has determined that benefits are subject to federal
income tax;
new text end

new text begin (2) requirements exist pertaining to estimated tax payments;
new text end

new text begin (3) the employee may elect to have federal income tax deducted and withheld from the
individual's payment of benefits in the amount specified in the federal Internal Revenue
Code; and
new text end

new text begin (4) the employee may change a previously elected withholding status.
new text end

new text begin (b) Amounts deducted and withheld from benefits under this subdivision must remain
in the pregnancy, parenting, and caregiver leave insurance account in the special revenue
fund until transferred to the federal taxing authority as payment of income tax.
new text end

new text begin The commissioner must follow all procedures specified by the Internal Revenue Service
relating to deducting and withholding income tax.
new text end

new text begin Subd. 9. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin If, in conjunction with a leave under this
section, an employer possesses health or medical information regarding an employee or an
employee's family member, the employer must treat such information as confidential and
not disclose the information except with the permission of the employee.
new text end

Sec. 3.

Minnesota Statutes 2016, section 181.943, is amended to read:


181.943 RELATIONSHIP TO OTHER LEAVE.

(a) The length of leave provided under section 181.941 may be reduced by any period
of:

(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation provided
by the employer so that the total leave does not exceed 12 weeks, unless agreed to by the
employer; or

(2) leave taken for the same purpose by the employee under deleted text beginUnited States Code, title
29, chapter 28
deleted text endnew text begin the FMLAnew text end.

(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing leave
benefits in addition to those provided in sections 181.940 to 181.944 or otherwise affects
an employee's rights with respect to any other employment benefit.

new text begin (c) Nothing in this section shall be construed to diminish an employee's entitlement to
benefits under section 181.9411.
new text end

new text begin (d) Nothing in sections 181.940 to 181.944 shall be construed to limit the right of parties
to a collective bargaining agreement to bargain and agree with respect to leave policies or
to diminish the obligation of an employer to comply with any contract, collective bargaining
agreement, or any employment benefit program or plan that meets or exceeds, and does not
otherwise conflict with, the minimum standards and requirements provided in sections
181.940 to 181.944.
new text end

Sec. 4.

Minnesota Statutes 2016, section 181.9436, is amended to read:


181.9436 deleted text beginPOSTING OF LAWdeleted text endnew text begin NOTICE TO AFFECTED EMPLOYEESnew text end.

new text begin Subdivision 1. new text end

new text begin Poster. new text end

The Division of Labor Standards and Apprenticeship shall develop,
with the assistance of interested business and community organizations, an educational
poster stating employees' rights under sections 181.940 to deleted text begin181.9436deleted text endnew text begin 181.9441new text end. The
department shall make the poster available, upon request, to employers for posting on the
employer's premises.

new text begin Subd. 2. new text end

new text begin Grants to community organizations. new text end

new text begin The commissioner may make grants to
community organizations for the purpose of outreach to and education for employees affected
by sections 181.939 and 181.9441 regarding those employees' rights under those sections.
The community-based organizations must be selected based on their experience, capacity,
and relationships in high-violation industries. The work under such a grant may include the
creation and administration of a statewide worker hotline.
new text end

Sec. 5.

Minnesota Statutes 2016, section 290.0132, is amended by adding a subdivision
to read:


new text begin Subd. 23. new text end

new text begin Pregnancy, parenting, and caregiver leave. new text end

new text begin The amount received in benefits
under section 181.9411 is a subtraction.
new text end

ARTICLE 4

EARNED SICK AND SAFE TIME

Section 1.

Minnesota Statutes 2016, section 177.27, subdivision 2, is amended to read:


Subd. 2.

Submission of records; penalty.

The commissioner may require the employer
of employees working in the state to submit to the commissioner photocopies, certified
copies, or, if necessary, the originals of employment records which the commissioner deems
necessary or appropriate. The records which may be required include full and correct
statements in writing, including sworn statements by the employer, containing information
relating to wages, hours, names, addresses, and any other information pertaining to the
employer's employees and the conditions of their employment as the commissioner deems
necessary or appropriate.

The commissioner may require the records to be submitted by certified mail delivery
or, if necessary, by personal delivery by the employer or a representative of the employer,
as authorized by the employer in writing.

The commissioner may deleted text beginfinedeleted text endnew text begin ordernew text end the employernew text begin to pay a civil penalty ofnew text end up to deleted text begin$1,000deleted text endnew text begin
$2,000
new text end for each failure to submit or deliver records as required by this section. This penalty
is in addition to any penalties provided under section 177.32, subdivision 1. In determining
the amount of a civil penalty under this subdivision, the appropriateness of such penalty to
the size of the employer's business and the gravity of the violation shall be considered.

Sec. 2.

Minnesota Statutes 2016, section 177.27, subdivision 4, is amended to read:


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a
, 181.722, 181.79, and 181.939 to deleted text begin181.943deleted text endnew text begin 181.9441new text end, or with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
of this subdivision only, a violation is repeated if at any time during the two years that
preceded the date of violation, the commissioner issued an order to the employer for violation
of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
have entered into a settlement agreement that required the employer to pay back wages that
were required by sections 177.41 to 177.435. The department shall serve the order upon the
employer or the employer's authorized representative in person or by certified mail at the
employer's place of business. An employer who wishes to contest the order must file written
notice of objection to the order with the commissioner within 15 calendar days after being
served with the order. A contested case proceeding must then be held in accordance with
sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
employer fails to file a written notice of objection with the commissioner, the order becomes
a final order of the commissioner.

Sec. 3.

Minnesota Statutes 2016, section 177.28, subdivision 1, is amended to read:


Subdivision 1.

General authority.

new text begin(a) new text endThe commissioner may adopt rules, including
definitions of terms, to carry out the purposes of sections 177.21 to 177.44, to prevent the
circumvention or evasion of those sections, and to safeguard the minimum wage and overtime
rates established by sections 177.24 and 177.25.

new text begin (b) The commissioner may adopt rules to carry out the purposes of sections 181.939 to
181.9441.
new text end

Sec. 4.

new text begin [177.36] REPORT TO LEGISLATURE.
new text end

new text begin (a) The commissioner must submit an annual report to the legislature, including to the
chair and ranking minority member of any relevant legislative committee. The report must
include, but is not limited to:
new text end

new text begin (1) a list of all violations of statutory sections listed in section 177.27, subdivision 4,
including the employer involved, and the nature of any violations; and
new text end

new text begin (2) an analysis of noncompliance with the statutory sections listed in section 177.27,
subdivision 4, including any patterns by employer, industry, or county.
new text end

new text begin (b) A report under this section must not include an employee's name or other identifying
information, any health or medical information regarding an employee or an employee's
family member, or any information pertaining to domestic abuse, sexual assault, or stalking
of an employee or an employee's family member.
new text end

Sec. 5.

Minnesota Statutes 2016, section 181.032, is amended to read:


181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.

(a) At the end of each pay period, the employer shall provide each employee an earnings
statement, either in writing or by electronic means, covering that pay period. An employer
who chooses to provide an earnings statement by electronic means must provide employee
access to an employer-owned computer during an employee's regular working hours to
review and print earnings statements.

(b) The earnings statement may be in any form determined by the employer but must
include:

(1) the name of the employee;

(2) the hourly rate of pay (if applicable);

(3) the total number of hours worked by the employee unless exempt from chapter 177;

(4) the total amount of gross pay earned by the employee during that period;

new text begin (5) the total amount of overtime pay earned by the employee during that period;
new text end

new text begin (6) the total amount of gratuities earned by the employee during that period;
new text end

new text begin (7) the total amount of any additional compensation paid to the employee during that
period, including any predictability pay under section 181.99;
new text end

new text begin (8) the total amount of expense reimbursements paid to the employee during that period;
new text end

deleted text begin (5)deleted text endnew text begin (9)new text end a list of deductions made from the employee's pay;

deleted text begin (6)deleted text endnew text begin (10)new text end the net amount of pay after all deductions are made;

deleted text begin (7)deleted text endnew text begin (11)new text end the date on which the pay period ends; deleted text beginand
deleted text end

deleted text begin (8)deleted text endnew text begin (12)new text end the legal name of the employer and the operating name of the employer if
different from the legal namenew text begin;
new text end

new text begin (13) the total amount of employer-provided leave used by the employee during that pay
period; and
new text end

new text begin (14) the total amount of employer-provided leave available for the employee to usenew text end.

(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form. Once
an employer has received notice from an employee that the employee would like to receive
earnings statements in written form, the employer must comply with that request on an
ongoing basis.

Sec. 6.

Minnesota Statutes 2016, section 181.940, is amended to read:


181.940 DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 181.940 to deleted text begin181.944deleted text endnew text begin 181.9441new text end, the
terms defined in this section have the meanings given them.

Subd. 2.

Employee.

"Employee" means deleted text begina person who performs services for hire for andeleted text endnew text begin
an individual employed by an
new text end employer deleted text beginfrom whom a leave is requested under sections
181.940 to 181.944 for:
deleted text endnew text begin who has performed at least 680 hours of work for that employer or
who has worked for that employer for at least 17 weeks. Employee does not mean an
independent contractor.
new text end

deleted text begin (1) at least 12 months preceding the request; and
deleted text end

deleted text begin (2) for an average number of hours per week equal to one-half the full-time equivalent
position in the employee's job classification as defined by the employer's personnel policies
or practices or pursuant to the provisions of a collective bargaining agreement, during the
12-month period immediately preceding the leave.
deleted text end

deleted text begin Employee includes all individuals employed at any site owned or operated by the
employer but does not include an independent contractor.
deleted text end

Subd. 3.

Employer.

"Employer" means a person or entity that employs deleted text begin21deleted text endnew text begin onenew text end or more
employees deleted text beginat at least one site, except that, for purposes of the school leave allowed under
section 181.9412, employer means a person or entity that employs one or more employees
in Minnesota
deleted text end. The term includes an individual, corporation, partnership, association, nonprofit
organization, group of persons, state, county, town, city, school district, or other governmental
subdivision.

Subd. 4.

Child.

"Child" means an individual under 18 years of age or an individual under
age 20 who is still attending secondary school.

new text begin Subd. 5. new text end

new text begin Family member. new text end

new text begin "Family member" means an employee's spouse, child, adult
child, stepchild, foster child, ward, child for whom the employee is legal guardian, regular
member of the employee's household, parent, stepparent, sibling, grandchild, stepgrandchild,
adopted grandchild, foster grandchild, mother-in-law, father-in-law, or grandparent.
new text end

new text begin Subd. 6. new text end

new text begin FMLA. new text end

new text begin "FMLA" means the Family and Medical Leave Act of 1993, United
States Code, title 29, section 2601, et seq., as amended through the effective date of this
section.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and industry
or authorized designee or representative.
new text end

Sec. 7.

Minnesota Statutes 2016, section 181.942, is amended to read:


181.942 REINSTATEMENT AFTER LEAVE.

Subdivision 1.

Comparable position.

(a) An employee returning from a leave of absence
under section 181.941 is entitled to return to employment in the employee's former position
or in a position of comparable duties, number of hours, and pay. An employee returning
from a leave of absence longer than one month must notify a supervisor at least two weeks
prior to return from leave. An employee returning from a leave under section 181.9412 or
deleted text begin 181.94deleted text begin13deleted text enddeleted text endnew text begin 181.9441new text end is entitled to return to employment in the employee's former position.

(b) If, during a leave under sections 181.940 to deleted text begin181.944deleted text endnew text begin 181.9441new text end, the employer
experiences a layoff and the employee would have lost a position had the employee not
been on leave, pursuant to the good faith operation of a bona fide layoff and recall system,
including a system under a collective bargaining agreement, the employee is not entitled to
reinstatement in the former or comparable position. In such circumstances, the employee
retains all rights under the layoff and recall system, including a system under a collective
bargaining agreement, as if the employee had not taken the leave.

Subd. 2.

Pay; benefits; on return.

An employee returning from a leave of absence
under sections 181.940 to deleted text begin181.944deleted text endnew text begin 181.9441new text end is entitled to return to employment at the same
rate of pay the employee had been receiving when the leave commenced, plus any automatic
adjustments in the employee's pay scale that occurred during leave period. The employee
returning from a leave is entitled to retain all accrued preleave benefits of employment and
seniority, as if there had been no interruption in service; provided that nothing in sections
181.940 to deleted text begin181.944deleted text endnew text begin 181.9441new text end prevents the accrual of benefits or seniority during the leave
pursuant to a collective bargaining or other agreement between the employer and employees.

Subd. 3.

Part-time return.

An employee, by agreement with the employer, may return
to work part time during the leave period without forfeiting the right to return to employment
at the end of the leave period, as provided in sections 181.940 to deleted text begin181.944deleted text endnew text begin 181.9441new text end.

Sec. 8.

Minnesota Statutes 2016, section 181.944, is amended to read:


181.944 INDIVIDUAL REMEDIES.

In addition to any other remedies provided by law, a person injured by a violation of
sections 181.172, paragraph (a) or (d), and 181.939 to deleted text begin181.943deleted text endnew text begin 181.9441new text end may bring a civil
action to recover any and all damages recoverable at law, together with costs and
disbursements, including reasonable attorney's fees, and may receive injunctive and other
equitable relief as determined by a court.

Sec. 9.

new text begin [181.9441] EARNED SICK AND SAFE TIME.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Domestic abuse" has the same meaning as given in section 518B.01.
new text end

new text begin (c) "Earned sick and safe time" means leave, including paid time off and other paid leave
systems, that are paid at the same hourly rate as an employee earns from employment.
new text end

new text begin (d) "Sexual assault" means an act that constitutes a violation under sections 609.342 to
609.3453, or 609.352.
new text end

new text begin (e) "Stalking" has the same meaning as given in section 609.749.
new text end

new text begin Subd. 2. new text end

new text begin Accrual of earned sick and safe time. new text end

new text begin (a) An employee accrues a minimum
of one hour of earned sick and safe time for every 30 hours worked. Except as provided in
paragraph (b), an employee may not accrue more than 72 hours of earned sick and safe time
in a calendar year unless the employer agrees to a higher amount.
new text end

new text begin (b) Employees of an employer that employs fewer than 21 employees may not accrue
more than 40 hours of earned sick and safe time in a calendar year unless the employer
agrees to a higher amount.
new text end

new text begin (c) Employees who are exempt from overtime requirements under United States Code,
title 29, section 213(a)(1), as amended through the effective date of this section, are deemed
to work 40 hours in each work week for purposes of accruing earned sick and safe time,
except that an employee whose normal work week is less than 40 hours will accrue earned
sick and safe time based upon the normal work week.
new text end

new text begin (d) Earned sick and safe time under this section begins to accrue at the commencement
of employment of the employee.
new text end

new text begin (e) Employees shall be entitled to use accrued earned sick and safe time beginning 90
calendar days following commencement of their employment. After 90 calendar days of
employment, employees may use earned sick and safe time as it is accrued.
new text end

new text begin Subd. 3. new text end

new text begin Use of earned sick and safe time. new text end

new text begin (a) An employee may use accrued earned
sick and safe time for:
new text end

new text begin (1) an employee's:
new text end

new text begin (i) mental or physical illness, injury, or health condition;
new text end

new text begin (ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury,
or health condition; or
new text end

new text begin (iii) need for preventive medical or health care;
new text end

new text begin (2) care of a family member:
new text end

new text begin (i) with a mental or physical illness, injury, or health condition;
new text end

new text begin (ii) who needs medical diagnosis, care, or treatment of a mental or physical illness,
injury, or health condition; or
new text end

new text begin (iii) who needs preventive medical or health care;
new text end

new text begin (3) absence due to domestic abuse, sexual assault, or stalking of the employee or
employee's family member, provided the absence is to:
new text end

new text begin (i) seek medical attention related to physical or psychological injury or disability caused
by domestic abuse, sexual assault, or stalking;
new text end

new text begin (ii) obtain services from a victim services organization;
new text end

new text begin (iii) obtain psychological or other counseling;
new text end

new text begin (iv) seek relocation due to domestic abuse, sexual assault, or stalking; or
new text end

new text begin (v) take legal action, including preparing for or participating in any civil or criminal
legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking;
and
new text end

new text begin (4) closure of the employee's place of business due to weather or other emergency, or
an employee's need to care for a child whose school or place of care has been closed due
to weather or other public emergency.
new text end

new text begin (b) An employer may require notice of the need for use of earned sick and safe time as
follows. If the need for use is foreseeable, an employer may require advance notice of the
intention to use earned sick and safe time, but in no case shall require more than seven days'
advance notice. If the need is not foreseeable, an employer may require an employee to give
notice of the need for earned sick and safe time as soon as practicable.
new text end

new text begin (c) When an employee uses earned sick and safe time for more than three consecutive
days, an employer may require reasonable documentation that the earned sick and safe time
is covered by paragraph (a). For earned sick and safe time under paragraph (a), clauses (1)
and (2), reasonable documentation may include a signed statement by a health care
professional indicating the need for use of earned sick and safe time. For earned sick and
safe time under paragraph (a), clause (3), an employer must accept a court record or
documentation signed by a volunteer for or employee of a victims services organization,
an attorney, a police officer, or antiviolence counselor as reasonable documentation.
new text end

new text begin (d) An employer may not require, as a condition of an employee's using earned sick and
safe time, that the employee seek or find a replacement worker to cover the hours during
which the employee uses earned sick and safe time.
new text end

new text begin (e) Earned sick and safe time may be used in hourly increments or, at the discretion of
the employer, increments of less than one hour.
new text end

new text begin Subd. 4. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer shall not retaliate against an employee
because the employee has requested earned sick and safe time, used earned sick and safe
time, or made a complaint or filed an action to enforce a right to earned sick and safe time
under this section.
new text end

new text begin Subd. 5. new text end

new text begin Notice and posting. new text end

new text begin (a) Employers shall give notice that employees are entitled
to earned sick and safe time, the amount of earned sick and safe time, and the terms of its
use under this section; that retaliation against employees who request or use earned sick
and safe time is prohibited; and that each employee has the right to file a complaint or bring
a civil action if earned sick and safe time is denied by the employer or the employee is
retaliated against for requesting or using earned sick and safe time.
new text end

new text begin (b) Employers may comply with this section by supplying employees with a notice in
English and other appropriate languages that contains the information required in paragraph
(a).
new text end

new text begin (c) Employers may comply with this section by displaying a poster in a conspicuous
and accessible place in each establishment where employees are employed which contains
all information required under paragraph (a).
new text end

new text begin (d) An employer that provides an employee handbook to its employees must include in
the handbook notice of employee rights and remedies under this section.
new text end

new text begin Subd. 6. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin If, in conjunction with this section, an
employer possesses health or medical information regarding an employee or an employee's
family member or information pertaining to domestic abuse, sexual assault, or stalking of
an employee or an employee's family member, the employer must treat such information
as confidential and not disclose the information except with permission of the employee.
new text end

new text begin Subd. 7. new text end

new text begin No effect on more generous policies. new text end

new text begin (a) Nothing in this section shall be
construed to discourage employers from adopting or retaining earned sick and safe time
policies that meet or exceed, and do not otherwise conflict with, the minimum standards
and requirements provided in this section.
new text end

new text begin (b) Nothing in this section shall be construed to limit the right of parties to a collective
bargaining agreement to bargain and agree with respect to earned sick and safe time policies
or to diminish the obligation of an employer to comply with any contract, collective
bargaining agreement, or any employment benefit program or plan that meets or exceeds,
and does not otherwise conflict with, the minimum standards and requirements provided in
this section.
new text end

new text begin (c) Employers who provide their employees earned sick and safe time under a paid time
off policy or other paid leave policy that meets or exceeds, and does not otherwise conflict
with, the minimum standards and requirements provided in this section are not required to
provide additional earned sick and safe time.
new text end

new text begin Subd. 8. new text end

new text begin Termination, separation, transfer. new text end

new text begin Nothing in this section may be construed
as requiring financial or other reimbursement to an employee from an employer upon the
employee's termination, resignation, retirement, or other separation from employment for
accrued earned sick and safe time that has not been used. If an employee is transferred to
a separate division, entity, or location, but remains employed by the same employer, the
employee is entitled to all earned sick and safe time accrued at the prior division, entity, or
location and is entitled to use all earned sick and safe time as provided in this section. When
there is a separation from employment and the employee is rehired within 12 months of
separation by the same employer, previously accrued earned sick and safe time that had not
been used must be reinstated. An employee is entitled to use accrued earned sick and safe
time and accrue additional earned sick and safe time at the commencement of reemployment.
new text end

Sec. 10. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2016, section 181.9413, new text end new text begin is repealed.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective 180 days following final enactment.
new text end

ARTICLE 5

FAIR SCHEDULING

Section 1.

Minnesota Statutes 2016, section 177.27, subdivision 4, is amended to read:


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a
, 181.722, 181.79, deleted text beginanddeleted text end 181.939 to 181.943, deleted text beginordeleted text end new text beginand 181.99, and new text endwith any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
of this subdivision only, a violation is repeated if at any time during the two years that
preceded the date of violation, the commissioner issued an order to the employer for violation
of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
have entered into a settlement agreement that required the employer to pay back wages that
were required by sections 177.41 to 177.435. The department shall serve the order upon the
employer or the employer's authorized representative in person or by certified mail at the
employer's place of business. An employer who wishes to contest the order must file written
notice of objection to the order with the commissioner within 15 calendar days after being
served with the order. A contested case proceeding must then be held in accordance with
sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
employer fails to file a written notice of objection with the commissioner, the order becomes
a final order of the commissioner.

Sec. 2.

new text begin [181.99] NOTICE OF EMPLOYEE SCHEDULES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

new text begin (c) "Employee" means an individual employed by an employer.
new text end

new text begin (d) "Employer" means a person or entity that employs one or more employees. The term
includes an individual, corporation, partnership, association, nonprofit organization, group
of persons, state, county, town, city, school district, or other governmental subdivision.
new text end

new text begin (e) "Flexible working arrangement" means a change in an employee's terms and conditions
of employment with respect to work schedule, including, but not limited to, a modified
work schedule, changes in start or end times in a work schedule or work shift, a predictable,
stable work schedule, part-time employment, job sharing arrangements, working from home,
telecommuting, limitations on the employee's availability to work, the location of the
employee's worksite, reduction or change in work duties, or part-year employment.
new text end

new text begin (f) "On-call shift" or "on-call hours" mean time that an employer requires an employee
to be available to work, and to contact the employer or its designee or wait to be contacted
by the employer or its designee to determine whether the employee must report to work at
that time.
new text end

new text begin (g) "Predictability pay" means payments to an employee, calculated on an hourly basis
at the employee's regular rate of pay, for applicable schedule changes pursuant to subdivision
4. An employer must pay an employee predictability pay, when required by this section, in
addition to any wages earned for work performed by the employee. An employer must pay
predictability pay to an employee in the same pay period in which it was incurred by the
employer.
new text end

new text begin (h) "Shift" means the consecutive hours an employer requires an employee to work or
to be on call to work. Breaks totaling two hours or less shall not be considered an interruption
of consecutive hours.
new text end

new text begin (i) "Work week" means a fixed, consecutive seven-day period.
new text end

new text begin (j) "Work schedule" means all of an employee's regular and on-call shifts during a work
week.
new text end

new text begin Subd. 2. new text end

new text begin Advance notice of work schedules. new text end

new text begin (a) An employer must give each employee
the employee's individual initial work schedule, in writing, at least 21 days before the first
day of that work schedule. An employer must contact each employee to notify the employee
of any change in the employee's work schedule before the change takes effect and must
provide the employee with a revised written work schedule reflecting any changes within
24 hours of making the change.
new text end

new text begin (b) On or before the beginning of an employee's employment, the employer must provide
the employee with a written work schedule for the employee's first 21 days of employment.
new text end

new text begin (c) An employer may not require an employee to work hours not included in the
employee's initial written work schedule without consent in writing by the employee.
new text end

new text begin (d) An employer must post a written schedule that includes the shifts of all current
employees at a worksite at least 21 days before the start of each work week, whether or not
they are scheduled to work or be on call that week. The employer must update that posted
schedule within 24 hours of any change. The written schedule must be posted in a place
that is readily accessible and visible to all employees at a worksite.
new text end

new text begin (e) An employee's work week must begin on the same day of the week each week, unless
the employer provides 21 days advance written notice of a change in the start day of the
work week.
new text end

new text begin (f) An employee has the right to request a change in work schedule, request to limit his
or her availability to work particular hours, or otherwise provide input into the employee's
work schedule.
new text end

new text begin (g) An employer must not require an employee to seek or find a replacement employee
for any shifts or hours an employee is unable to work.
new text end

new text begin Subd. 3. new text end

new text begin Flexible working arrangements. new text end

new text begin (a) An employee has a right to request a
flexible working arrangement at any time. Such a request must be in writing.
new text end

new text begin (b) An employer must consider an employee's request for a flexible working arrangement
in good faith and engage in an interactive process with the employee to consider the request
and determine whether the request can be granted in a manner consistent with the employer's
business operations or legal or contractual obligations. The employer must begin this
interactive process within two days of receiving the request. If information provided by the
employee making a request for a flexible working arrangement requires clarification, the
employer must explain what further information is needed and give the employee reasonable
time to produce the information.
new text end

new text begin (c) After engaging in the interactive process, an employer must notify the employee of
its decision regarding a flexible working arrangement, in writing, within two days of its last
communication with the employee during the interactive process.
new text end

new text begin (d) If an employee requests a flexible working arrangement because of a serious health
condition of the employee, the employee's responsibilities as a caregiver, or the employee's
enrollment in a career-related educational or training program, or if a part-time employee
makes the request for a reason related to a second job, the employer must grant the request.
new text end

new text begin Subd. 4. new text end

new text begin Predictability pay required. new text end

new text begin (a) Within 21 days of, but not less than 24 hours
from, the start of an employee's shift, an employer may do any of the following provided
the employer pays the affected employee one hour of predictability pay in addition to wages
earned for each changed shift, if any:
new text end

new text begin (1) subtract hours from a shift;
new text end

new text begin (2) add hours to a shift or add a shift;
new text end

new text begin (3) cancel a shift; or
new text end

new text begin (4) change the start or end time of a shift.
new text end

new text begin (b) Within 24 hours of the start of an employee's shift, an employer may do either of the
following provided the employer pays the affected employee one hour of predictability pay
in addition to wages earned for each changed shift:
new text end

new text begin (1) change the start or end time of a shift without changing the total number of hours in
the shift; or
new text end

new text begin (2) add hours to a shift.
new text end

new text begin (c) Whenever an employee is scheduled to work a shift, and the employer cancels the
shift or reduces the hours in the shift with less than 24 hours notice, the employer must pay
the employee the lesser of four hours of predictability pay or predictability pay equal to the
number of hours originally scheduled for the shift.
new text end

new text begin (d) An employer is not required to pay an employee any predictability pay under this
subdivision when a schedule change is the result of the employee's request, including, but
not limited to, a request to trade shifts with another employee, to use sick leave, vacation
time, or any other type of leave.
new text end

new text begin (e) An employer is not required to pay an employee any predictability pay under this
subdivision when a schedule change is the result of mutually agreed upon shift trade among
employees.
new text end

new text begin Subd. 5. new text end

new text begin Exception for suspended operations. new text end

new text begin The requirements of subdivisions 2 to
4 do not apply to an employer when that employer's operations are suspended:
new text end

new text begin (1) due to threats to employees or property;
new text end

new text begin (2) when civil authorities have recommended that work not begin or continue;
new text end

new text begin (3) due to failure of public utilities or sewer systems or because public utilities fail to
supply electricity, water, or gas; or
new text end

new text begin (4) due to a natural disaster or weather event.
new text end

new text begin Subd. 6. new text end

new text begin Right to rest. new text end

new text begin An employee has the right to decline work hours that occur (1)
less than 11 hours after the end of the previous shift, or (2) during the 11 hours following
the end of a shift that spanned two days. An employer must pay an employee 1-1/2 times
the employee's regular rate of pay for any such hours worked.
new text end

new text begin Subd. 7. new text end

new text begin No discrimination based on hours of work. new text end

new text begin (a) An employer must not pay a
different regular rate of pay based on the number of hours an employee is scheduled to work
to employees whose jobs require equal skill, effort, and duties, and that are performed under
similar working conditions. An employer may pay different hourly wages based on other
reasons, such as seniority systems, merit, employee responsibilities, or systems that measure
earnings by quantity or quality of production.
new text end

new text begin (b) An employer must not condition eligibility for leave or time off based on the number
of hours an employee is scheduled to work for employees whose jobs require equal skill,
effort, and duties, and that are performed under similar working conditions. An employer
may prorate employee leave or time off based on the number of hours the employee works.
new text end

new text begin (c) An employer must not condition eligibility for raises or promotions based on the
number of hours an employee is scheduled to work for employees whose jobs require equal
skill, effort, and duties, and that are performed under similar working conditions. Employers
may condition eligibility for raises on other reasons, such as seniority systems, merit,
employee responsibilities, or the nature and amount of an employee's work experience.
new text end

new text begin Subd. 8. new text end

new text begin Access to hours. new text end

new text begin If an employer has additional hours of work available in
positions held by current employees, the employer must offer those hours to current qualified
employees before hiring new employees or contractors, including the use of temporary
services or staffing agencies.
new text end

new text begin Subd. 9. new text end

new text begin Record-keeping requirements. new text end

new text begin (a) An employer must keep an accurate record
of:
new text end

new text begin (1) the name, address, and occupation of each employee;
new text end

new text begin (2) the amount paid each pay period to each employee;
new text end

new text begin (3) the hours worked each day and each week by each employee; and
new text end

new text begin (4) each employee's initial work schedule and all subsequent revisions to that work
schedule.
new text end

new text begin (b) An employer must keep the records required by this subdivision for at least two years
after the entry date of the record. The records must be maintained at the place of employment,
at an office of the employer, or with a bank, accountant, or other central location, and must
be open to inspection and available upon request by the commissioner.
new text end

new text begin (c) An employer must allow an employee to inspect records required by this subdivision
and relating to that employee at a reasonable time and place.
new text end

new text begin (d) The commissioner may impose a civil penalty of up to $1,000 on an employer for
each failure to keep, furnish, or allow inspection of records under this subdivision.
new text end

new text begin Subd. 10. new text end

new text begin Employer retaliation. new text end

new text begin No employer shall discharge or take any other adverse
action against any person in retaliation for asserting any claim or right under this section,
for assisting any other person in doing so, or for informing any person about their rights
under this section. An employer taking any adverse action against a person within one year
of a person's engaging in the foregoing activities shall raise a presumption that such action
was retaliation, which may be rebutted by clear and convincing evidence that such action
was taken for other permissible reasons.
new text end

new text begin Subd. 11. new text end

new text begin Individual remedies. new text end

new text begin In addition to any other remedies available in law or
equity, an employee may bring a civil action seeking redress for a violation or violations
of this section directly to any court of competent jurisdiction. An employee may recover
any and all damages recoverable at law plus an additional amount equal to twice those
damages, together with costs and disbursements including reasonable attorney fees, and
may receive injunctive and other equitable relief as determined by a court.
new text end

new text begin Subd. 12. new text end

new text begin Encouragement of more generous policies. new text end

new text begin (a) Nothing in this section shall
be construed to discourage employers from adopting or retaining policies that meet or
exceed, and do not otherwise conflict with, the minimum standards and requirements
provided in this section.
new text end

new text begin (b) This section does not apply to employees covered under a collective bargaining
agreement with an employer.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-1468

181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.

(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets.

(b) An employee may use sick leave as allowed under this section for safety leave, whether or not the employee's employer allows use of sick leave for that purpose for such reasonable periods of time as may be necessary. Safety leave may be used for assistance to the employee or assistance to the relatives described in paragraph (a). For the purpose of this section, "safety leave" is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or stalking. For the purpose of this paragraph:

(1) "domestic abuse" has the meaning given in section 518B.01;

(2) "sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352; and

(3) "stalking" has the meaning given in section 609.749.

(c) An employer may limit the use of safety leave as described in paragraph (b) or personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period. This paragraph does not apply to absences due to the illness or injury of a child, as defined in section 181.940, subdivision 4.

(d) For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits.

(e) For the purpose of this section, "child" includes a stepchild and a biological, adopted, and foster child.

(f) For the purpose of this section, "grandchild" includes a step-grandchild, and a biological, adopted, and foster grandchild.

(g) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section.

(h) An employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.

Repealed Minnesota Rule: 17-1468

5200.0080 GRATUITIES/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.