HF 1236

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to unfair trade practices; prohibiting 
  1.3             employer misrepresentation of status of employees; 
  1.4             amending Minnesota Statutes 2002, section 325D.15; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 325D. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [325D.125] [EMPLOYERS NOT TO MISREPRESENT 
  1.9   STATUS OF EMPLOYEES.] 
  1.10     Subdivision 1.  [MISREPRESENTATION PROHIBITED.] No employer 
  1.11  shall misrepresent the nature of its employment relationship 
  1.12  with its employees to any federal, state, or local government 
  1.13  unit, to other employers or to its employees.  An employer 
  1.14  misrepresents the nature of its employment relationship with its 
  1.15  employees if it makes any statement regarding the nature of the 
  1.16  relationship that the employer does not in good faith believe to 
  1.17  be true or if it fails to report individuals as employees when 
  1.18  legally required to do so. 
  1.19     Subd. 2.  [EMPLOYEE COERCION PROHIBITED.] No employer shall 
  1.20  require or request any employee to enter into any agreement, or 
  1.21  sign any document, that results in misclassification of the 
  1.22  employee as an independent contractor or otherwise does not 
  1.23  accurately reflect the employment relationship with the employer.
  1.24     Subd. 3.  [VIOLATIONS.] Any court finding any person guilty 
  1.25  of violating this section shall transmit a copy of the 
  1.26  documentation of the finding of guilt to the commissioner of 
  2.1   commerce.  The commissioner of commerce shall report the finding 
  2.2   of guilt to relevant state and federal agencies, including at 
  2.3   least the commissioner of labor and industry, the commissioner 
  2.4   of economic security, the commissioner of revenue, the federal 
  2.5   Internal Revenue Service, and the United States Department of 
  2.6   Labor. 
  2.7      Sec. 2.  Minnesota Statutes 2002, section 325D.15, is 
  2.8   amended to read: 
  2.9      325D.15 [VIOLATIONS; RESTRAINING ORDERS.] 
  2.10     Any person violating the provisions of sections 325D.09 to 
  2.11  325D.16 shall be deemed guilty of a misdemeanor.  Each act 
  2.12  prohibited by sections 325D.09 to 325D.16 shall constitute a 
  2.13  separate violation and offense thereunder.  
  2.14     In addition to the penalties provided in sections 325D.09 
  2.15  to 325D.16 the courts of this state are hereby vested with 
  2.16  jurisdiction to prevent and restrain violation of sections 
  2.17  325D.09 to 325D.16.  Any person damaged or who is threatened 
  2.18  with loss, damage, or injury by reason of a violation of 
  2.19  sections 325D.09 to 325D.16 shall be entitled to sue for and 
  2.20  have injunctive relief in any court of competent jurisdiction 
  2.21  against any damage or threatened loss or injury by reason of a 
  2.22  violation of sections 325D.09 to 325D.16 and for the amount of 
  2.23  the actual damages, if any, and for costs including attorney 
  2.24  fees.  In order to obtain such injunctive relief, it shall not 
  2.25  be necessary to allege or prove that an adequate remedy at law 
  2.26  does not exist.