HF 2483

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

A bill for an act
relating to employment; mandating employer disclosure
of terms of probationary employment and opportunities
for permanent employment in written agreements of
hire; requiring employers to provide written
agreements of hire to casual employees temporarily
hired; specifying the burden permitting civil actions
against employers who fail to provide employees with
adequate written agreements of hire; amending
Minnesota Statutes 2004, sections 181.55; 181.56;
181.57; proposing coding for new law in Minnesota
Statutes, chapter 181.

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

Section 1.

Minnesota Statutes 2004, section 181.55, is
amended to read:

181.55 WRITTEN STATEMENT TO EMPLOYEES BY EMPLOYERS.

When a contract of employment is consummated between an
employer and an employee for work to be performed in this state,
or for work to be performed in another state for an employer
localized in this state, the employer shall give to the employee
a written and signed agreement of hire, which shall clearly and
plainly state:

(1) The date on which the agreement was entered into;

(2) The date on which the services of the employee are to
begin;

(3) The rate of pay per unit of time, or of commission, or
by the piece, so that wages due may be readily computed;

(4) The number of hours a day which shall constitute a
regular day's work, and whether or not additional hours the
employee is required to work shall constitute overtime and be
paid for, and, if so, the rate of pay for overtime work; deleted text begin and
deleted text end

(5) A statement of any special responsibility undertaken by
the employee, not forbidden by law, which, if not properly
performed by the employee, will entitle the employer to make
deductions from the wages of the employee, and the terms upon
which such deductions may be made new text begin ;
new text end

new text begin (6) Whether the employee is subject to a probationary
period of employment and, if so, the duration and terms of the
probationary period; and
new text end

new text begin (7) Whether the employment is temporary or not and, if the
employment is temporary, whether and under what conditions the
employee might be hired to fill a position of indefinite
duration new text end .

Sec. 2.

Minnesota Statutes 2004, section 181.56, is
amended to read:

181.56 NO STATEMENT GIVEN; BURDEN OF PROOF.

Where no such written agreement is entered into the burden
of proof shall be upon the employer to establish the terms of
the verbal agreement new text begin , including any terms of probationary
employment and any conditions under which a temporary employee
might be hired to fill a position of indefinite duration, new text end in
case of a dispute with the employee as to its terms.

Sec. 3.

Minnesota Statutes 2004, section 181.57, is
amended to read:

181.57 APPLICATION OF SECTIONS 181.55 AND 181.56.

Sections 181.55 and 181.56 shall not apply to farm labor,
deleted text begin nor to casual employees temporarily employed, deleted text end nor employers
employing less than ten employees.

Sec. 4.

new text begin [181.575] CIVIL ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Civil actions permitted. new text end

new text begin Any employee
claiming to be aggrieved by a violation of section 181.55 may
bring a civil action for damages and injunctive relief against
the employee's employer.
new text end

new text begin Subd. 2. new text end

new text begin Judgment; damages. new text end

new text begin If the court finds that any
defendant has violated the provisions of section 181.55, the
court shall enter judgment for the actual damages incurred by
the plaintiff or the appropriate penalty as provided by
subdivision 3, whichever is greater. The court may also award
court costs and a reasonable attorney's fee.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin Whenever the court finds that an
employer has given an employee a written and signed agreement of
hire, but finds that the agreement fails to comply with the
requirements of section 181.55, $250.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective for all contracts of
employment consummated on or after August 1, 2005.
new text end