HF 440

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to unlawful trade practices; prohibiting
employer misrepresentation of the status of employees;
providing for the recovery of costs and attorney fees
for unlawful trade practices; amending Minnesota
Statutes 2004, section 325D.15; proposing coding for
new law in Minnesota Statutes, chapter 325D.

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

Section 1.

new text begin [325D.125] EMPLOYERS NOT TO MISREPRESENT
STATUS OF EMPLOYEES.
new text end

new text begin Subdivision 1. new text end

new text begin Misrepresentation prohibited. new text end

new text begin No employer
shall misrepresent the nature of its employment relationship
with its employees to any federal, state, or local government
unit, to other employers, or to its employees. An employer
misrepresents the nature of its employment relationship with its
employees if it makes any statement regarding the nature of the
relationship that the employer does not in good faith believe to
be true or if it fails to report individuals as employees when
legally required to do so.
new text end

new text begin Subd. 2. new text end

new text begin Employee coercion prohibited. new text end

new text begin No employer shall
require or request any employee to enter into any agreement, or
sign any document, that results in misclassification of the
employee as an independent contractor or otherwise does not
accurately reflect the employment relationship with the employer.
new text end

new text begin Subd. 3. new text end

new text begin Violations. new text end

new text begin Any court finding any person guilty
of violating this section shall transmit a copy of the
documentation of the finding of guilt to the commissioner of
commerce. The commissioner of commerce shall report the finding
of guilt to relevant state and federal agencies, including at
least the commissioner of labor and industry, the commissioner
of employment and economic development, the commissioner of
revenue, the federal Internal Revenue Service, and the United
States Department of Labor.
new text end

Sec. 2.

Minnesota Statutes 2004, section 325D.15, is
amended to read:

325D.15 VIOLATIONS; RESTRAINING ORDERS.

Any person violating the provisions of sections 325D.09 to
325D.16 shall be deemed guilty of a misdemeanor. Each act
prohibited by sections 325D.09 to 325D.16 shall constitute a
separate violation and offense thereunder.

In addition to the penalties provided in sections 325D.09
to 325D.16 the courts of this state are hereby vested with
jurisdiction to prevent and restrain violation of sections
325D.09 to 325D.16. Any person damaged or who is threatened
with loss, damage, or injury by reason of a violation of
sections 325D.09 to 325D.16 shall be entitled to sue for and
have injunctive relief in any court of competent jurisdiction
against any damage or threatened loss or injury by reason of a
violation of sections 325D.09 to 325D.16 deleted text begin and deleted text end for the amount of
the actual damages, if any new text begin , and for costs including attorney
fees new text end . In order to obtain such injunctive relief, it shall not
be necessary to allege or prove that an adequate remedy at law
does not exist.