HF 1542

as introduced - 94th Legislature (2025 - 2026) Posted on 03/03/2025 06:11pm

A bill for an act
relating to employment; making employer participation in earned sick and safe
time benefits permissive; amending Minnesota Statutes 2024, section 181.9445,
subdivisions 5, 6.

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

Section 1.

Minnesota Statutes 2024, section 181.9445, subdivision 5, is amended to read:

Subd. 5.

Employee.

new text begin (a) new text end "Employee" means any person who is employed by an employer,
including temporary and part-time employees, who new text begin :
new text end

new text begin (1) new text end is anticipated by the employer to perform work for at least 80 hours in a year for that
employer in Minnesota deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) the employer chooses to provide benefits for under sections 181.9445 to 181.9448.
new text end

new text begin (b) new text end Employee does not include:

(1) an independent contractor;

(2) an individual who is a volunteer firefighter or paid on-call firefighter, with a
department charged with the prevention or suppression of fires within the boundaries of the
state; is a volunteer ambulance attendant as defined in section 144E.001, subdivision 15;
or is an ambulance service personnel as defined in section 144E.001, subdivision 3a, who
serves in a paid on-call position;

(3) an individual who is an elected official or a person who is appointed to fill a vacancy
in an elected office as part of a legislative or governing body of Minnesota or a political
subdivision; or

(4) an individual employed by a farmer, family farm, or a family farm corporation to
provide physical labor on or management of a farm if the farmer, family farm, or family
farm corporation employs the individual to perform work for 28 days or less each year.

Sec. 2.

Minnesota Statutes 2024, section 181.9445, subdivision 6, is amended to read:

Subd. 6.

Employer.

"Employer" means a person who has one or more employees new text begin that
the person chooses to provide benefits for under sections 181.9445 to 181.9448 new text end . Employer
includes an individual, a corporation, a partnership, an association, a business trust, a
nonprofit organization, a group of persons, the state of Minnesota, a county, town, city,
school district, or other governmental subdivision. In the case of an employee leasing
company or professional employer organization, the taxpaying employer, as described in
section 268.046, subdivision 1, remains the employer. In the case of an individual provider
within the meaning of section 256B.0711, subdivision 1, paragraph (d), the employer includes
any participant within the meaning of section 256B.0711, subdivision 1, paragraph (e), or
participant's representative within the meaning of section 256B.0711, subdivision 1,
paragraph (f). In the event that a temporary employee is supplied by a staffing agency,
absent a contractual agreement stating otherwise, that individual shall be an employee of
the staffing agency for all purposes of section 177.50 and sections 181.9445 to 181.9448.
Employer does not include the United States government.