HF 2083

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; providing remedies and enforcement for the prevailing
wage law; amending Minnesota Statutes 2006, section 177.27, subdivisions
1, 4, 8, 9, 10.

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

Section 1.

Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:

Subdivision 1.

Examination of records.

The commissioner may enter during
reasonable office hours or upon request and inspect the place of business or employment of
any employer of employees working in the state, to examine and inspect books, registers,
payrolls, and other records of any employer that in any way relate to wages, hours, and
other conditions of employment of any employees. The commissioner may transcribe any
or all of the books, registers, payrolls, and other records as the commissioner deems
necessary or appropriate and may question the employees to ascertain compliance with
sections 177.21 to . The commissioner may investigate wage claims or
complaints by an employee against an employer if the failure to pay a wage may violate
Minnesota law or an order or rule of the department.

Sec. 2.

Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to , 181.02, 181.03, 181.031,
181.032, 181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, and 181.79, or with
any rule promulgated under section 177.28. The department shall serve the order upon
the employer or the employer's authorized representative in person or by certified mail
at the employer's place of business. An employer who wishes to contest the order must
file written notice of objection to the order with the commissioner within 15 calendar
days after being served with the order. A contested case proceeding must then be held
in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.

Sec. 3.

Minnesota Statutes 2006, 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
new text begin 177.44 new text end 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
new text begin 177.44 new text end 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 equal amount as liquidated damages. 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. 4.

Minnesota Statutes 2006, 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 of sections
177.21 to new text begin 177.44 new 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.

Sec. 5.

Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read:

Subd. 10.

Attorney fees and costs.

In any action brought pursuant to subdivision 8,
the court shall order an employer who is found to have committed a violation or violations
of sections 177.21 to new text begin 177.44 new text end to pay to the employee or employees reasonable costs,
disbursements, witness fees, and attorney fees.