HF 1346

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

A bill for an act
relating to employment; requiring reporting under the
state dislocated worker program and the unemployment
insurance program about termination and outsourcing of
employment; amending Minnesota Statutes 2004, sections
116L.17, subdivision 2; 268.044, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 116L.17,
subdivision 2, is amended to read:

Subd. 2.

Grants.

The board shall make grants to
workforce service areas or other eligible organizations to
provide services to dislocated workers as follows:

(a) The board shall allocate funds available for the
purposes of this section in its discretion to respond to
substantial layoffs and plant closings.

(b) The board shall regularly allocate funds to provide
services to individual dislocated workers or small groups. The
initial allocation for this purpose must be 50 percent of the
deposits and transfers into the workforce development fund, less
any collection costs paid out of the fund and any amounts
appropriated by the legislature from the workforce development
fund for programs other than the state dislocated worker program.

(c) Following the initial allocation, the board may
consider additional allocations to provide services to
individual dislocated workers. The board's decision to allocate
additional funds shall be based on relevant economic indicators
including: the number of substantial layoffs to date, notices
of substantial layoffs for the remainder of the fiscal year,
evidence of declining industries, the number of permanently
separated individuals applying for unemployment benefits by
workforce service area, and the number of individuals exhausting
unemployment benefits by workforce service area. The board must
also consider expenditures of allocations to workforce service
areas under paragraph (b) made during the first two quarters of
the fiscal year and federal resources that have been or are
likely to be allocated to Minnesota for the purposes of serving
dislocated workers affected by substantial layoffs or plant
closings.

(d) The board may, in its discretion, allocate funds
carried forward from previous years under subdivision 9 for
large, small, or individual layoffs.

new text begin (e) Each workforce service area or other eligible
organization receiving a grant from the board shall prepare and
submit an annual report to the board by February 15 of each
year, beginning in 2007. The report shall state whether each
dislocated worker receiving services pursuant to a grant from
the board during the previous calendar year was dislocated
either because the worker's former employer outsourced the
worker's former job to employees located outside the state of
Minnesota or because the worker's former employer lost a
contract or business due to outsourcing. For any dislocated
worker whose dislocation was caused by outsourcing of the
worker's former job, the report shall indicate to where the
employment has been outsourced.
new text end

Sec. 2.

Minnesota Statutes 2004, section 268.044,
subdivision 1, is amended to read:

Subdivision 1.

Wage detail report.

(a) Each employer
that has employees in covered employment shall submit a
quarterly wage new text begin and employment new text end detail report by electronic
transmission, in a format prescribed by the commissioner. The
report shall include for each employee in covered employment,
the employee's name, Social Security number, the total wages
paid to the employee, and total number of paid hours worked.
For employees exempt from the definition of employee in section
177.23, subdivision 7, clause (6), the employer shall report 40
hours worked for each week any duties were performed by a
full-time employee and shall report a reasonable estimate of the
hours worked for each week duties were performed by a part-time
employee. In addition, the wage new text begin and employment new text end detail report
shall include the number of employees employed on the 12th day
of each calendar month and, if required by the commissioner, the
report shall be broken down by business location and type of
employment. new text begin Beginning in 2007, the wage and employment detail
report shall also include the number of employees who have left
employment with the employer during the calendar quarter. If
employees have left employment with the employer during the
calendar quarter, the report shall specify the number of jobs
that have been or will be outsourced to employees outside the
state of Minnesota and the locations to which the jobs have been
or will be outsourced. new text end If the information required is not
submitted in a manner and format prescribed by the commissioner,
it shall not be considered a wage new text begin and employment new text end detail report.
The report is due and must be received by the commissioner on or
before the last day of the month following the end of the
calendar quarter. The commissioner may delay the due date on a
specific calendar quarter in the event the department is unable
to accept wage new text begin and employment new text end detail reports electronically.

(b) The employer may report the wages paid to the next
lower whole dollar amount.

(c) An employer need not include the name of the employee
or other required information on the wage new text begin and employment new text end detail
report if disclosure is specifically exempted from being
reported by federal law.

(d) A wage new text begin and employment new text end detail report must be submitted
for each calendar quarter even though no wages were paid, unless
the employer has notified the commissioner, under section
268.042, subdivision 1, paragraph (c), of termination of
business.

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the phrase "wage
detail report" or similar phrases to "wage and employment detail
report" or similar phrases wherever they appear in Minnesota
Statutes and Minnesota Rules when referring to those reports
required under Minnesota Statutes, section 268.044. The revisor
shall also make grammatical changes related to the changes in
terms.
new text end