HF 2388

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; modifying provisions relating 
  1.3             to payment of wages; amending Minnesota Statutes 1994, 
  1.4             sections 181.032; 181.13; and 181.14. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 181.032, is 
  1.7   amended to read: 
  1.8      181.032 [REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.] 
  1.9      At the end of each pay period On each payday, the employer 
  1.10  shall give each employee an earnings statement in writing 
  1.11  covering that pay period.  The earnings statement may be in any 
  1.12  form determined by the employer but must include:  
  1.13     (a) the name of the employee; 
  1.14     (b) the hourly rate of pay (if applicable); 
  1.15     (c) the total number of hours worked by the employee unless 
  1.16  exempt from chapter 177; 
  1.17     (d) the total amount of gross pay earned by the employee 
  1.18  during that period; 
  1.19     (e) a list of deductions made from the employee's pay; 
  1.20     (f) the net amount of pay after all deductions are made; 
  1.21  and 
  1.22     (g) the date on which the pay period ends. 
  1.23     An employer, who for the purpose of depriving an employee 
  1.24  of wages to which the employee is entitled and in order to 
  1.25  mislead the employee, furnishes to the employee a statement that 
  2.1   the employer knows to be false fails to comply with this section 
  2.2   is guilty of a misdemeanor. 
  2.3      Sec. 2.  Minnesota Statutes 1994, section 181.13, is 
  2.4   amended to read: 
  2.5      181.13 [DISCHARGED EMPLOYEES; PENALTY FOR FAILURE TO PAY 
  2.6   WAGES PROMPTLY.] 
  2.7      Subdivision 1.  [PROMPT PAYMENT REQUIRED.] When any person, 
  2.8   firm, company, association, or corporation employing labor 
  2.9   within this state discharges a servant or employee, the wages or 
  2.10  commissions actually earned and unpaid at the time of the 
  2.11  discharge shall be paid in full not later than the first 
  2.12  regularly scheduled payday following discharge.  If an employee 
  2.13  is subject to a collective bargaining agreement, the terms of 
  2.14  the agreement, if any, with the certified and exclusive 
  2.15  representative of the employees, govern the length of the period 
  2.16  for payment of final wages or commissions.  If the first 
  2.17  regularly scheduled payday is less than five calendar days 
  2.18  following discharge, full payment may be delayed until the 
  2.19  second regularly scheduled payday but shall not exceed a total 
  2.20  of 20 calendar days following discharge.  
  2.21     Subd. 2.  [NONPROMPT PAYMENT.] Wages not paid within the 
  2.22  required time period shall become immediately due and payable 
  2.23  upon demand of the employee.  If the employee's earned wages and 
  2.24  commissions are not paid within 24 hours after such demand, 
  2.25  whether the employment was by the day, hour, week, month, or 
  2.26  piece or by commissions, the discharged employee may charge and 
  2.27  collect the amount of the employee's average daily earnings at 
  2.28  the rate agreed upon in the contract of employment, for such 
  2.29  period, not exceeding 15 days, after the expiration of the 24 
  2.30  hours, as the employer is in default, until full payment or 
  2.31  other settlement, satisfactory to the discharged employee, is 
  2.32  made.  In the case of a public employer where approval of 
  2.33  expenditures by a governing board is required, the 24-hour 
  2.34  period for payment penalty shall not commence until after the 
  2.35  date of the first regular or special meeting of the governing 
  2.36  board following discharge of the employee.  
  3.1      Subd. 3.  [MIGRANT FARMWORKERS.] For an employee who is a 
  3.2   migrant farmworker, the wages earned and unpaid at the time of 
  3.3   discharge shall become due and payable immediately on demand and 
  3.4   without regard to the regular payday or the 20-day period.  For 
  3.5   purposes of this section, a migrant farmworker is a person 
  3.6   performing temporary agricultural labor who is required to be 
  3.7   away from the person's permanent residence overnight.  
  3.8      Subd. 4.  [PLACE OF PAYMENT.] The wages and commissions 
  3.9   must be paid at the usual place of payment unless the employee 
  3.10  requests that the wages and commissions be sent through the 
  3.11  mails.  If, in accordance with a request by the employee, the 
  3.12  employee's wages and commissions are sent to the employee 
  3.13  through the mail, the wages and commissions shall be deemed to 
  3.14  have been paid as of the date of their postmark for the purposes 
  3.15  of this section.  
  3.16     Sec. 3.  Minnesota Statutes 1994, section 181.14, is 
  3.17  amended to read: 
  3.18     181.14 [NOTICE TO BE GIVEN PAYMENT TO EMPLOYEES WHO QUIT OR 
  3.19  RESIGN; SETTLEMENT OF DISPUTES.] 
  3.20     Subdivision 1.  [PROMPT PAYMENT REQUIRED.] When any such 
  3.21  employee, not having a contract for a definite period of 
  3.22  service, quits or resigns employment, the wages or commissions 
  3.23  earned and unpaid at the time the employee quits or resigns 
  3.24  shall become due and payable within five days thereafter.  Any 
  3.25  employer failing or refusing to pay such be paid in full not 
  3.26  later than the first regularly scheduled payday following the 
  3.27  employee's final day of employment.  If an employee is subject 
  3.28  to a collective bargaining agreement, the terms of the 
  3.29  agreement, if any, with the certified and exclusive 
  3.30  representative of the employees, govern the length of the period 
  3.31  for payment of final wages or commissions.  If the first 
  3.32  regularly scheduled payday is less than five calendar days 
  3.33  following the employee's final day of employment, full payment 
  3.34  may be delayed until the second regularly scheduled payday but 
  3.35  shall not exceed a total of 20 calendar days following the 
  3.36  employee's final day of employment.  
  4.1      Subd. 2.  [NONPROMPT PAYMENT.] Wages or commissions, after 
  4.2   they become due, not paid within the required time period shall 
  4.3   become immediately payable upon the demand of the employee,.  If 
  4.4   the employee's earned wages or commissions are not paid within 
  4.5   24 hours after the demand, the employer shall be liable to the 
  4.6   employee from the date of the demand for an additional sum equal 
  4.7   to the amount of the employee's average daily earnings provided 
  4.8   in the contract of employment, for every day, not exceeding 15 
  4.9   days in all, until such payment or other settlement satisfactory 
  4.10  to the employee is made.  If any employee having such a contract 
  4.11  gives not less than five days' written notice to the employer of 
  4.12  intention to quit, the wages or commissions of the employee 
  4.13  giving notice may be demanded and shall become due 24 hours 
  4.14  after the employee quits or resigns, and the penalty herein 
  4.15  provided shall apply from the date of demand.  
  4.16     Subd. 3.  [MIGRANT FARMWORKERS.] For an employee who is a 
  4.17  migrant farmworker, the wages earned and unpaid at the time the 
  4.18  employee quits or resigns shall become due and payable within 
  4.19  five days thereafter without regard to the regular payday or the 
  4.20  20-day period.  For purposes of this section, a migrant 
  4.21  farmworker is a person performing temporary agricultural labor 
  4.22  who is required to be away from the person's permanent residence 
  4.23  overnight. 
  4.24     Subd. 4.  [SETTLEMENT OF DISPUTES.] If the employer 
  4.25  disputes the amount of wages or commissions claimed by the 
  4.26  employee under the provisions of this section or section 181.13, 
  4.27  and the employer makes a legal tender of the amount which the 
  4.28  employer in good faith claims to be due, the employer shall not 
  4.29  be liable for any sum greater than the amount so tendered and 
  4.30  interest thereon at the legal rate, unless, in an action brought 
  4.31  in a court having jurisdiction, the employee recovers a greater 
  4.32  sum than the amount so tendered with interest thereon; and if, 
  4.33  in the suit, the employee fails to recover a greater sum than 
  4.34  that so tendered, with interest, the employee shall pay the cost 
  4.35  of the suit, otherwise the cost shall be paid by the employer.  
  4.36     Subd. 5.  [EMPLOYEES ENTRUSTED WITH MONEY OR PROPERTY.] In 
  5.1   cases where the discharged or quitting employee was, during 
  5.2   employment, entrusted with the collection, disbursement, or 
  5.3   handling of money or property, the employer shall have ten 
  5.4   secular calendar days after the termination of the employment to 
  5.5   audit and adjust the accounts of the employee before the 
  5.6   employee's wages or commissions shall become due and payable be 
  5.7   paid as provided in this section, and the penalty herein 
  5.8   provided shall apply in such case only from the date of demand 
  5.9   made after the expiration of the period allowed for audit and 
  5.10  adjustment payment of the employee's wages or commissions.  If, 
  5.11  upon such audit and adjustment of the accounts of the employee, 
  5.12  it is found that any money or property entrusted to the employee 
  5.13  by the employer has not been properly accounted for or paid over 
  5.14  to the employer, as provided by the terms of the contract of 
  5.15  employment, the employee shall not be entitled to the benefit of 
  5.16  sections 181.13 to 181.17, but the claim for unpaid wages or 
  5.17  commissions of such employee, if any, shall be disposed of as 
  5.18  provided by existing law.  
  5.19     Subd. 6.  [PLACE OF PAYMENT.] Wages and commissions paid 
  5.20  under this section shall be paid at the usual place of payment 
  5.21  unless the employee requests that the wages and commissions be 
  5.22  sent to the employee through the mails.  If, in accordance with 
  5.23  a request by the employee, the employee's wages and commissions 
  5.24  are sent to the employee through the mail, the wages and 
  5.25  commissions shall be deemed to have been paid as of the date of 
  5.26  their postmark for the purposes of this section.