HF 1533

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

A bill for an act
relating to employment; regulating payment for
overtime work; amending Minnesota Statutes 2004,
section 177.25, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 177.25,
subdivision 1, is amended to read:

Subdivision 1.

Compensation required.

new text begin (a) Except for
employees covered under paragraph (b), new text end no employer may employ an
employee for a workweek longer than 48 hours, unless the
employee receives compensation for employment in excess of 48
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 48 hours
in a week in lieu of monetary compensation. An employer does
not violate the overtime pay provisions of this deleted text begin section
deleted text end new text begin paragraph new text end by employing any employees for a workweek in excess of
48 hours without paying the compensation for overtime employment
prescribed (1) 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, 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.

new text begin (b) An employer shall pay its employees employed in an
enterprise engaged in commerce at a rate not less than 1-1/2
times the employee's regular rate for work done in excess of 40
hours in a work week. For the purpose of this section, an
"enterprise engaged in commerce" is an enterprise whose annual
gross volume of sales made or business done is not less than
$500,000, exclusive of excise taxes at the retail level that are
separately stated. This paragraph applies to employment for
which there was an obligation to pay overtime under federal law
and regulations as of August 22, 2004.
new text end

Sec. 2. new text begin ANALYSIS OF FEDERAL LAW CHANGES.
new text end

new text begin The commissioner of labor and industry must analyze changes
in the obligation of employers to pay overtime to employees in
Minnesota due to changes in 2004 in federal regulations related
to the federal overtime law. The analysis must specifically
identify those categories of employment and employees who would
be entitled to overtime payment under federal regulations in
effect on August 23, 2004, and who would not be entitled to
overtime benefits after August 30, 2004, due to changes in
federal regulations. The commissioner must submit with the
report statutory changes necessary to prevent the loss of
overtime pay for those categories of employees whose eligibility
for benefits under the federal law is eliminated by the change
in regulation. The report must be made to the committees in the
legislature having jurisdiction over labor issues and is due
December 1, 2005.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final
enactment.
new text end