HF 1225

as introduced - 89th Legislature (2015 - 2016) Posted on 02/25/2015 12:59pm

A bill for an act
relating to employment; enacting the Wage Theft Protection Act; modifying
labor standards; classifying data; modifying penalties; creating a new crime;
appropriating money; amending Minnesota Statutes 2014, sections 13.7905, by
adding a subdivision; 177.23, subdivision 7; 177.25, subdivision 1; 177.253,
subdivision 1; 177.254, subdivision 1; 177.27, subdivisions 7, 8, 9, by adding
subdivisions; 177.32; 181.032; 541.05, subdivision 1; 541.07; proposing coding
for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota
Rules, part 5200.0080, subpart 7.

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

Section 1. new text begin TITLE.
new text end

new text begin This act shall be known as the "Wage Theft Protection Act."
new text end

Sec. 2.

Minnesota Statutes 2014, 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. 3.

Minnesota Statutes 2014, section 177.23, subdivision 7, is amended to read:

Subd. 7.

Employee.

"Employee" means any individual employed by an employer
but does not include:

deleted text begin (1) two or fewer specified individuals employed at any given time in agriculture on a
farming unit or operation who are paid a salary;
deleted text end

deleted text begin (2) any individual employed in agriculture on a farming unit or operation who is
paid a salary greater than the individual would be paid if the individual worked 48 hours at
the state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week;
deleted text end

deleted text begin (3) deleted text end new text begin (1) new text end an individual under 18 who is employed in agriculture on a farm to perform
services other than corn detasseling or hand field work when one or both of that minor
hand field worker's parents or physical custodians are also hand field workers;

deleted text begin (4) deleted text end new text begin (2) new text end for purposes of section 177.24, an individual under 18 who is employed
as a corn detasseler;

deleted text begin (5) deleted text end new text begin (3) new text end any staff member employed on a seasonal basis by an organization for work
in an organized resident or day camp operating under a permit issued under section 144.72;

deleted text begin (6) deleted text end new text begin (4) new text end any individual employed in a bona fide executive, administrative, or
professional capacity, or a salesperson who conducts no more than 20 percent of sales
on the premises of the employer;

deleted text begin (7) deleted text end new text begin (5) new text end any individual who renders service gratuitously for a nonprofit organization;

deleted text begin (8) deleted text end new text begin (6) new text end any individual who serves as an elected official for a political subdivision or
who serves on any governmental board, commission, committee or other similar body, or
who renders service gratuitously for a political subdivision;

deleted text begin (9) deleted text end new text begin (7) new text end any individual employed by a political subdivision to provide police or fire
protection services or employed by an entity whose principal purpose is to provide police
or fire protection services to a political subdivision;

deleted text begin (10) deleted text end new text begin (8) new text end any individual employed by a political subdivision who is ineligible for
membership in the Public Employees Retirement Association under section 353.01,
subdivision 2b, clause (1), (2), (4), or (9);

deleted text begin (11) deleted text end new text begin (9) new text end any driver employed by an employer engaged in the business of operating
taxicabs;

deleted text begin (12) deleted text end new text begin (10) new text end any individual engaged in babysitting as a sole practitioner;

deleted text begin (13) deleted text end new text begin (11) new text end for the purpose of section 177.25, any individual employed on a seasonal
basis in a carnival, circus, fair, or ski facility;

deleted text begin (14) deleted text end new text begin (12) new text end any individual under 18 working less than 20 hours per workweek for a
municipality as part of a recreational program;

deleted text begin (15) deleted text end new text begin (13) new text end any individual employed by the state as a natural resource manager 1, 2, or
3 (conservation officer);

deleted text begin (16) deleted text end new text begin (14) new text end any individual in a position for which the United States Department of
Transportation has power to establish qualifications and maximum hours of service under
United States Code, title 49, section 31502;

deleted text begin (17) deleted text end new text begin (15) new text end any individual employed as a seafarer. The term "seafarer" means a
master of a vessel or any person subject to the authority, direction, and control of the
master who is exempt from federal overtime standards under United States Code, title 29,
section 213(b)(6), including but not limited to pilots, sailors, engineers, radio operators,
firefighters, security guards, pursers, surgeons, cooks, and stewards;

deleted text begin (18) deleted text end new text begin (16) new text end any individual employed by a county in a single-family residence owned
by a county home school as authorized under section 260B.060 if the residence is
an extension facility of that county home school, and if the individual as part of the
employment duties resides at the residence for the purpose of supervising children as
defined by section 260C.007, subdivision 4; or

deleted text begin (19) deleted text end new text begin (17) new text end nuns, monks, priests, lay brothers, lay sisters, ministers, deacons, and other
members of religious orders who serve pursuant to their religious obligations in schools,
hospitals, and other nonprofit institutions operated by the church or religious order.

Sec. 4.

Minnesota Statutes 2014, section 177.25, subdivision 1, is amended to read:

Subdivision 1.

Compensation required.

No employer may employ an employee
for a workweek longer than deleted text begin 48 deleted text end new text begin 40 new text end hours, unless the employee receives compensation for
employment in excess of deleted text begin 48 deleted text end new text begin 40 new text end hours in a workweek at a rate of at least 1-1/2 times the
regular rate at which the employee is employed. The state of Minnesota or a political
subdivision may grant time off at the rate of 1-1/2 hours for each hour worked in excess of
deleted text begin 48 deleted text end new text begin 40 new text end hours in a week in lieu of monetary compensation. An employer does not violate
the overtime pay provisions of this section by employing any employees for a workweek
in excess of deleted text begin 48 deleted text end new text begin 40 new text end hours without paying the compensation for overtime employment
prescribed deleted text begin (1) deleted text end if the employee is employed under an agreement meeting the requirement
of section 7(b)(2) of the Fair Labor Standards Act of 1938, as amended deleted text begin , or (2) if the
employee is employed as a sugar beet hand laborer on a piece rate basis, provided that the
regular rate of pay received per hour of work exceeds the applicable wage provided in
section 177.24, subdivision 1 by at least 40 cents deleted text end .

Sec. 5.

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

Subdivision 1.

Rest breaks.

An employer must allow each employee deleted text begin adequate time
from work within each four consecutive hours of work to utilize the nearest convenient
restroom deleted text end new 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. 6.

Minnesota Statutes 2014, 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. 7.

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

Subd. 7.

Employer liability.

new text begin (a) new text end 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, less any amount
actually paid to the employee by the employer, and for an additional deleted text begin equal deleted text end amount deleted text begin as
liquidated damages deleted text end new text begin equal to twice the unpaid wages, overtime pay, and gratuities new text end .

new text begin (b) new text end 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 deleted text begin up to $1,000 deleted text end new text begin at least $5,000, but no more than $10,000 new text end for each violation for each
employee. 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.

new text begin (c) In addition to paragraph (b), 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; and
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 (d) The commissioner has the power to take the actions described in paragraph (c),
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 (c),
notwithstanding any conflicting statute, rule, ordinance, or other regulation.
new text end

Sec. 8.

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 deleted text begin equal deleted text end amount deleted text begin as liquidated damages deleted text end new 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. 9.

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 deleted text begin of 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. 10.

Minnesota Statutes 2014, 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. 11.

Minnesota Statutes 2014, 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. 12.

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

new text begin Subd. 13. new text end

new text begin Protecting immigrant workers. new text end

new text begin The commissioner must execute all of
its duties under this section without regard to an employee's immigration status, unless
explicitly prohibited by federal law.
new text end

Sec. 13.

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. 14.

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. 15.

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

177.32 PENALTIES.

Subdivision 1.

deleted text begin Misdemeanors deleted text end new text begin Crimes new text end .

new text begin (a) new text end 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 new 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 begin Fine deleted text end new text begin Fines new text end .

An employer shall be fined not less than deleted text begin $700 deleted text end new text begin $5,000 new text end nor
more than deleted text begin $3,000 deleted text end new text begin $10,000 new 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. 16.

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

new text begin All civil penalties collected under Minnesota Statutes, 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
section 177.311.
new text end

Sec. 17.

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;

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

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

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

deleted text begin (8) deleted text end new text begin (12) new text end the legal name of the employer and the operating name of the employer if
different from the legal name deleted text begin . deleted text end new 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 use.
new 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. 18.

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. 19.

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, 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. 20.

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; deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ;
new text end

new text begin (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.
new text end

Sec. 21.

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;

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 end new 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 end new 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. 22. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from the
general fund to the commissioner of labor and industry to administer the Wage Theft
Protection Act.
new text end

Sec. 23. new text begin REVISOR'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. 24. 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