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HF 1093

as introduced - 89th Legislature (2015 - 2016) Posted on 06/21/2017 11:01am

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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 2014, 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; 290.01, subdivision 19b; 541.05,
subdivision 1; 541.07; proposing coding for new law in Minnesota Statutes,
chapters 177; 181; repealing Minnesota Statutes 2014, 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. CITATION; WORKING PARENTS ACT.

This act shall be known as the "Working Parents Act."

ARTICLE 2

WAGE THEFT PROTECTION

Section 1.

Minnesota Statutes 2014, section 13.7905, is amended by adding a
subdivision to read:


Subd. 7.

Complaints to the Department of Labor and Industry.

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

Sec. 2.

Minnesota Statutes 2014, section 177.24, is amended by adding a subdivision
to read:


Subd. 3a.

Gratuities; credit cards or charges.

(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.

(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.

EFFECTIVE DATE.

This section is effective August 1, 2015.

Sec. 3.

Minnesota Statutes 2014, section 177.253, subdivision 1, is amended to read:


Subdivision 1.

Rest breaks.

An employer must allow each employee adequate time
from work within each four consecutive hours of work to utilize the nearest convenient
restroom
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
.

Sec. 4.

Minnesota Statutes 2014, section 177.254, subdivision 1, is amended to read:


Subdivision 1.

Meal break.

An employer must permit each employee who is
working for eight or more consecutive hours sufficient time to eat a meal.
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.

Sec. 5.

Minnesota Statutes 2014, section 177.27, subdivision 7, is amended to read:


Subd. 7.

Employer liability.

(a) If 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, and compensatory damages, and predictability pay
under section 181.99,
less any amount actually paid to the employee by the employer, and
for an additional equal amount as liquidated damages. 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.


(b) Any 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 up to $1,000 at least $5,000, but no more than $10,000 for each violation for each
employee. The 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.

(c) 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. 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.

(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:

(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;

(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.

(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.

Sec. 6.

Minnesota Statutes 2014, 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 equal amount as liquidated damages equal to twice the
unpaid wages, overtime pay, and gratuities
. 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 2014, 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 of sections
177.21 to 177.44
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. 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.

Sec. 8.

Minnesota Statutes 2014, section 177.27, is amended by adding a subdivision
to read:


Subd. 11.

Employee complaints.

(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.

(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.

(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:

(1) maintain the employee's anonymity; and

(2) determine whether a pattern of violations has occurred.

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

Sec. 9.

Minnesota Statutes 2014, section 177.27, is amended by adding a subdivision
to read:


Subd. 12.

Wage bonds.

(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.

(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.

Sec. 10.

[177.311] GRANTS TO COMMUNITY ORGANIZATIONS.

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.

Sec. 11.

[177.315] EMPLOYER RETALIATION.

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.

Sec. 12.

Minnesota Statutes 2014, section 177.32, is amended to read:


177.32 PENALTIES.

Subdivision 1.

Misdemeanors Crimes.

(a) An 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 177.44 , and the total of any such wages in relation to all affected employees
is less than $5,000
;

(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.

(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.

(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.

Subd. 2.

Fine Fines.

An employer shall be fined not less than $700 $5,000 nor
more than $3,000 $10,000 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.

[177.321] PENALTIES; SPECIAL ACCOUNT.

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.

Sec. 14.

[181.724] CONTRACTS FOR LABOR OR SERVICES.

Subdivision 1.

Contract; insufficient funds.

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.

Subd. 2.

Rebuttable presumption.

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.

Subd. 3.

Exclusions.

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.

Subd. 4.

Written contract; provisions.

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:

(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;

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

(3) the employer identification number for state tax purposes of the contractor;

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

(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;

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

(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;

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

(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

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

Subd. 5.

Material changes.

(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.

(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.

Subd. 6.

Written contract; commissioner review.

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.

Subd. 7.

Penalties.

(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.

(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.

Subd. 8.

Know or should know; definition.

(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.

(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.

(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.

Sec. 15.

[181.915] EMPLOYER STATEMENT TO EMPLOYEES.

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:

(1) the full name, mailing address, and phone number of the employer;

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

(3) the place or places of employment;

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

(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;

(6) the anticipated period of employment;

(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;

(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:

(i) transportation to and from work;

(ii) housing;

(iii) health insurance or health care;

(iv) any paid or unpaid leave or holidays;

(v) pension or retirement benefits;

(vi) personal protective equipment required for the work;

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

(viii) unemployment compensation;

(9) the nature of the work to be performed by the employee;

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

(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.

Sec. 16.

Minnesota Statutes 2014, 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) to enforce a trust or compel a trustee to account, where the trustee has neglected to
discharge the trust, or claims to have fully performed it, or has repudiated the trust relation;

(8) 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;

(9) for damages caused by a dam, used for commercial purposes; or

(10) 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.01. ;

(11) 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.

Sec. 17.

Minnesota Statutes 2014, 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;

(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);

(6) (5) for damages caused by the establishment of a street or highway grade or a
change in the originally established grade; and

(7) (6) 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. REVISOR'S INSTRUCTION.

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.

Sec. 19. REPEALER.

Minnesota Rules, part 5200.0080, subpart 7, is repealed.

ARTICLE 3

PAID FAMILY LEAVE

Section 1.

Minnesota Statutes 2014, section 181.941, is amended to read:


181.941 PREGNANCY AND , PARENTING, AND CAREGIVER LEAVE.

Subdivision 1.

Twelve-week leave; pregnancy, birth, or adoption parenting,
and caregiver leave
.

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

(1) a biological or , adoptive, or foster parent in conjunction with the birth or ,
adoption, or placement through foster care of a child; or

(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth,
or related health conditions; or

(3) caring for a family member who has a serious health condition.

(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.

Subd. 5.

Confidentiality and nondisclosure.

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.

Sec. 2.

[181.9411] PREGNANCY, PARENTING, AND CAREGIVER LEAVE
INSURANCE.

Subdivision 1.

Definitions.

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

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

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

(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.

Subd. 2.

Benefits; application and eligibility.

(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:

(1) is eligible for leave under section 181.941; and

(2) files an application for benefits in the manner required by the commissioner.

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

(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

(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.

Subd. 3.

Duration of benefits; payment intervals.

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

(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.

(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.

Subd. 4.

Amount of benefits; maximum weekly benefit.

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

(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;

(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;

(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;

(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.

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

(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.

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

Subd. 5.

Pregnancy, parenting, and caregiver leave insurance account.

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.

Subd. 6.

Employee and employer premiums.

(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.

(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.

(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.

(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.

Subd. 7.

Disqualification from benefits; erroneous payments.

(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.

(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.

Subd. 8.

Federal taxation of benefits.

(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:

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

(2) requirements exist pertaining to estimated tax payments;

(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

(4) the employee may change a previously elected withholding status.

(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.

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

Subd. 9.

Confidentiality and nondisclosure.

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.

Sec. 3.

Minnesota Statutes 2014, 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 United States Code,
title 29, chapter 28
the FMLA.

(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.

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

(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.

Sec. 4.

Minnesota Statutes 2014, section 181.9436, is amended to read:


181.9436 POSTING OF LAW NOTICE TO AFFECTED EMPLOYEES.

Subdivision 1.

Poster.

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 181.9436 181.9441.
The department shall make the poster available, upon request, to employers for posting on
the employer's premises.

Subd. 2.

Grants to community organizations.

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.

Sec. 5.

Minnesota Statutes 2014, section 290.01, subdivision 19b, is amended to read:


Subd. 19b.

Subtractions from federal taxable income.

For individuals, estates,
and trusts, there shall be subtracted from federal taxable income:

(1) net interest income on obligations of any authority, commission, or
instrumentality of the United States to the extent includable in taxable income for federal
income tax purposes but exempt from state income tax under the laws of the United States;

(2) if included in federal taxable income, the amount of any overpayment of income
tax to Minnesota or to any other state, for any previous taxable year, whether the amount
is received as a refund or as a credit to another taxable year's income tax liability;

(3) the amount paid to others, less the amount used to claim the credit allowed under
section 290.0674, not to exceed $1,625 for each qualifying child in grades kindergarten
to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and
transportation of each qualifying child in attending an elementary or secondary school
situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a
resident of this state may legally fulfill the state's compulsory attendance laws, which
is not operated for profit, and which adheres to the provisions of the Civil Rights Act
of 1964 and chapter 363A. For the purposes of this clause, "tuition" includes fees or
tuition as defined in section 290.0674, subdivision 1, clause (1). As used in this clause,
"textbooks" includes books and other instructional materials and equipment purchased
or leased for use in elementary and secondary schools in teaching only those subjects
legally and commonly taught in public elementary and secondary schools in this state.
Equipment expenses qualifying for deduction includes expenses as defined and limited in
section 290.0674, subdivision 1, clause (3). "Textbooks" does not include instructional
books and materials used in the teaching of religious tenets, doctrines, or worship, the
purpose of which is to instill such tenets, doctrines, or worship, nor does it include books
or materials for, or transportation to, extracurricular activities including sporting events,
musical or dramatic events, speech activities, driver's education, or similar programs. No
deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or
the qualifying child's vehicle to provide such transportation for a qualifying child. For
purposes of the subtraction provided by this clause, "qualifying child" has the meaning
given in section 32(c)(3) of the Internal Revenue Code;

(4) income as provided under section 290.0802;

(5) to the extent included in federal adjusted gross income, income realized on
disposition of property exempt from tax under section 290.491;

(6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E)
of the Internal Revenue Code in determining federal taxable income by an individual
who does not itemize deductions for federal income tax purposes for the taxable year, an
amount equal to 50 percent of the excess of charitable contributions over $500 allowable
as a deduction for the taxable year under section 170(a) of the Internal Revenue Code,
under the provisions of Public Law 109-1 and Public Law 111-126;

(7) for individuals who are allowed a federal foreign tax credit for taxes that do not
qualify for a credit under section 290.06, subdivision 22, an amount equal to the carryover
of subnational foreign taxes for the taxable year, but not to exceed the total subnational
foreign taxes reported in claiming the foreign tax credit. For purposes of this clause,
"federal foreign tax credit" means the credit allowed under section 27 of the Internal
Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed
under section 904(c) of the Internal Revenue Code minus national level foreign taxes to
the extent they exceed the federal foreign tax credit;

(8) in each of the five tax years immediately following the tax year in which an
addition is required under subdivision 19a, clause (7), or 19c, clause (12), in the case of a
shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
delayed depreciation. For purposes of this clause, "delayed depreciation" means the amount
of the addition made by the taxpayer under subdivision 19a, clause (7), or subdivision 19c,
clause (12), in the case of a shareholder of an S corporation, minus the positive value of
any net operating loss under section 172 of the Internal Revenue Code generated for the
tax year of the addition. The resulting delayed depreciation cannot be less than zero;

(9) job opportunity building zone income as provided under section 469.316;

(10) to the extent included in federal taxable income, the amount of compensation
paid to members of the Minnesota National Guard or other reserve components of the
United States military for active service, including compensation for services performed
under the Active Guard Reserve (AGR) program. For purposes of this clause, "active
service" means (i) state active service as defined in section 190.05, subdivision 5a, clause
(1); or (ii) federally funded state active service as defined in section 190.05, subdivision
5b
, and "active service" includes service performed in accordance with section 190.08,
subdivision 3
;

(11) to the extent included in federal taxable income, the amount of compensation
paid to Minnesota residents who are members of the armed forces of the United States
or United Nations for active duty performed under United States Code, title 10; or the
authority of the United Nations;

(12) an amount, not to exceed $10,000, equal to qualified expenses related to a
qualified donor's donation, while living, of one or more of the qualified donor's organs
to another person for human organ transplantation. For purposes of this clause, "organ"
means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow;
"human organ transplantation" means the medical procedure by which transfer of a human
organ is made from the body of one person to the body of another person; "qualified
expenses" means unreimbursed expenses for both the individual and the qualified donor
for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses
may be subtracted under this clause only once; and "qualified donor" means the individual
or the individual's dependent, as defined in section 152 of the Internal Revenue Code. An
individual may claim the subtraction in this clause for each instance of organ donation for
transplantation during the taxable year in which the qualified expenses occur;

(13) in each of the five tax years immediately following the tax year in which an
addition is required under subdivision 19a, clause (8), or 19c, clause (13), in the case of a
shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause (13), in the
case of a shareholder of a corporation that is an S corporation, minus the positive value of
any net operating loss under section 172 of the Internal Revenue Code generated for the
tax year of the addition. If the net operating loss exceeds the addition for the tax year, a
subtraction is not allowed under this clause;

(14) to the extent included in the federal taxable income of a nonresident of
Minnesota, compensation paid to a service member as defined in United States Code, title
10, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief
Act, Public Law 108-189, section 101(2);

(15) to the extent included in federal taxable income, the amount of national service
educational awards received from the National Service Trust under United States Code,
title 42, sections 12601 to 12604, for service in an approved Americorps National Service
program;

(16) to the extent included in federal taxable income, discharge of indebtedness
income resulting from reacquisition of business indebtedness included in federal taxable
income under section 108(i) of the Internal Revenue Code. This subtraction applies only
to the extent that the income was included in net income in a prior year as a result of the
addition under subdivision 19a, clause (13);

(17) the amount of the net operating loss allowed under section 290.095, subdivision
11
, paragraph (c);

(18) the amount of expenses not allowed for federal income tax purposes due
to claiming the railroad track maintenance credit under section 45G(a) of the Internal
Revenue Code;

(19) the amount of the limitation on itemized deductions under section 68(b) of the
Internal Revenue Code;

(20) the amount of the phaseout of personal exemptions under section 151(d) of
the Internal Revenue Code; and

(21) to the extent included in federal taxable income, the amount of qualified
transportation fringe benefits described in section 132(f)(1)(A) and (B) of the Internal
Revenue Code. The subtraction is limited to the lesser of the amount of qualified
transportation fringe benefits received in excess of the limitations under section
132(f)(2)(A) of the Internal Revenue Code for the year or the difference between the
maximum qualified parking benefits excludable under section 132(f)(2)(B) of the Internal
Revenue Code minus the amount of transit benefits excludable under section 132(f)(2)(A)
of the Internal Revenue Code. ; and

(22) the amount received in benefits under section 181.9411.

ARTICLE 4

EARNED SICK AND SAFE TIME

Section 1.

Minnesota Statutes 2014, 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 fine order the employer to pay a civil penalty of up to $1,000
$2,000
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 2014, 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, 181.12, 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 181.943 181.9441, 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 2014, section 177.28, subdivision 1, is amended to read:


Subdivision 1.

General authority.

(a) The 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.

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

Sec. 4.

[177.36] REPORT TO LEGISLATURE.

(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:

(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

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

(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.

Sec. 5.

Minnesota Statutes 2014, 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;

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

(6) the total amount of gratuities earned by the employee during that period;

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

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

(5) (9) a list of deductions made from the employee's pay;

(6) (10) the net amount of pay after all deductions are made;

(7) (11) the date on which the pay period ends; and

(8) (12) the legal name of the employer and the operating name of the employer
if different from the legal name;

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

(14) the total amount of employer-provided leave available for the employee to use.

(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 2014, section 181.940, is amended to read:


181.940 DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 181.940 to 181.944 181.9441,
the terms defined in this section have the meanings given them.

Subd. 2.

Employee.

"Employee" means a person who performs services for hire
for an
an individual employed by an employer from whom a leave is requested under
sections 181.940 to 181.944 for:
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.

(1) at least 12 months preceding the request; and

(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.

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

Subd. 3.

Employer.

"Employer" means a person or entity that employs 21 one or
more employees at 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
. 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.

Subd. 5.

Family member.

"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.

Subd. 6.

FMLA.

"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.

Subd. 7.

Commissioner.

"Commissioner" means the commissioner of labor and
industry or authorized designee or representative.

Sec. 7.

Minnesota Statutes 2014, 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 181.9413 181.9441 is entitled to return to employment in
the employee's former position.

(b) If, during a leave under sections 181.940 to 181.944 181.9441, 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 181.944 181.9441 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 181.944 181.9441 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 181.944
181.9441
.

Sec. 8.

Minnesota Statutes 2014, 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 181.943 181.9441 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.

[181.9441] EARNED SICK AND SAFE TIME.

Subdivision 1.

Definitions.

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

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

(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.

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

(e) "Stalking" has the same meaning as given in section 609.749.

Subd. 2.

Accrual of earned sick and safe time.

(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.

(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.

(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.

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

(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.

Subd. 3.

Use of earned sick and safe time.

(a) An employee may use accrued
earned sick and safe time for:

(1) an employee's:

(i) mental or physical illness, injury, or health condition;

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

(iii) need for preventive medical or health care;

(2) care of a family member:

(i) with a mental or physical illness, injury, or health condition;

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

(iii) who needs preventive medical or health care;

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

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

(ii) obtain services from a victim services organization;

(iii) obtain psychological or other counseling;

(iv) seek relocation due to domestic abuse, sexual assault, or stalking; or

(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

(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.

(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.

(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.

(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.

(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.

Subd. 4.

Retaliation prohibited.

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.

Subd. 5.

Notice and posting.

(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.

(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).

(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).

(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.

Subd. 6.

Confidentiality and nondisclosure.

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.

Subd. 7.

No effect on more generous policies.

(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.

(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.

(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.

Subd. 8.

Termination, separation, transfer.

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.

Sec. 10. REPEALER.

Minnesota Statutes 2014, section 181.9413, is repealed.

Sec. 11. EFFECTIVE DATE.

This article is effective 180 days following final enactment.

ARTICLE 5

FAIR SCHEDULING

Section 1.

Minnesota Statutes 2014, 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, 181.12, 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 181.943, or and 181.99, and
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. 2.

[181.99] NOTICE OF EMPLOYEE SCHEDULES.

Subdivision 1.

Definitions.

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

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

(c) "Employee" means an individual employed by an employer.

(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.

(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.

(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.

(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.

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

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

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

Subd. 2.

Advance notice of work schedules.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

Subd. 3.

Flexible working arrangements.

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

(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.

(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.

(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.

Subd. 4.

Predictability pay required.

(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:

(1) subtract hours from a shift;

(2) add hours to a shift or add a shift;

(3) cancel a shift; or

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

(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:

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

(2) add hours to a shift.

(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.

(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.

(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.

Subd. 5.

Exception for suspended operations.

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

(1) due to threats to employees or property;

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

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

(4) due to a natural disaster or weather event.

Subd. 6.

Right to rest.

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.

Subd. 7.

No discrimination based on hours of work.

(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.

(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.

(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.

Subd. 8.

Access to hours.

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.

Subd. 9.

Record keeping requirements.

(a) An employer must keep an accurate
record of:

(1) the name, address, and occupation of each employee;

(2) the amount paid each pay period to each employee;

(3) the hours worked each day and each week by each employee; and

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

(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.

(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.

(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.

Subd. 10.

Employer retaliation.

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.

Subd. 11.

Individual remedies.

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.

Subd. 12.

Encouragement of more generous policies.

(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.

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

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700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569