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HF 2774

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 09:51am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to employment; establishing worker safety requirements; amending
Minnesota Statutes 2020, section 177.253, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 182.

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

Section 1.

Minnesota Statutes 2020, section 177.253, subdivision 1, is amended to read:


Subdivision 1.

Rest breaks.

An employer must allow each employee adequate time
from work within each four consecutive hours of work to utilize the nearest convenient
restroom.new text begin For the purpose of this requirement, "adequate time" must include reasonable
travel time to and from restroom facilities.
new text end

Sec. 2.

new text begin [182.6526] WAREHOUSE DISTRIBUTION WORKER SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision have the meanings
given them.
new text end

new text begin (b) "Commissioner" means the commissioner of labor and industry.
new text end

new text begin (c) "Employee" means a nonexempt employee who works at a warehouse distribution
center.
new text end

new text begin (d) "Employee work speed data" means information an employer collects, stores, analyzes,
or interprets relating to an individual employee's or group of employees' pace of work,
including but not limited to quantities of tasks performed, quantities of items or materials
handled or produced, rates or speeds of tasks performed, measurements or metrics of
employee performance in relation to a quota, and time categorized as performing tasks or
not performing tasks.
new text end

new text begin (e) "Employer" means a person who directly or indirectly, or through an agent or any
other person, including through the services of a third-party employer, temporary service,
or staffing agency or similar entity, employs or exercises control over the wages, hours, or
working conditions of 100 or more employees at a single warehouse distribution center or
1,000 or more employees at one or more warehouse distribution centers in the state. For
purposes of this paragraph, all employees of an employer's unitary business, as that term is
defined in section 290.17, subdivision 4, shall be counted in determining the number of
employees employed at a single warehouse distribution center or at one or more warehouse
distribution centers in the state.
new text end

new text begin (f) "Warehouse distribution center" means an establishment as defined by any of the
following North American Industry Classification System (NAICS) codes:
new text end

new text begin (1) 493110 for General Warehousing and Storage;
new text end

new text begin (2) 423 for Merchant Wholesalers, Durable Goods;
new text end

new text begin (3) 424 for Merchant Wholesalers, Nondurable Goods; and
new text end

new text begin (4) 454110 for Electronic Shopping and Mail-Order Houses.
new text end

new text begin (g) "Quota" means a work standard under which:
new text end

new text begin (1) an employee is assigned or required to perform at a specified productivity speed,
perform a quantified number of tasks, or handle or produce a quantified amount of material
within a defined time period; or
new text end

new text begin (2) an employee's actions are categorized between time performing tasks and not
performing tasks, and the employee's failure to complete a task performance standard or
recommendation may have an adverse impact on the employee's continued employment.
new text end

new text begin Subd. 2. new text end

new text begin Notice required. new text end

new text begin (a) Each employer shall provide to each employee, upon hire,
or within 30 days of the effective date of this section, a written description of each quota
to which the employee is subject, including the quantified number of tasks to be performed
or materials to be produced or handled or the limit on time categorized as not performing
tasks, within the defined time period, and any potential adverse employment action that
could result from failure to meet the quota.
new text end

new text begin (b) An employer shall not take adverse employment action against an employee for
failure to meet a quota that has not been disclosed to the employee.
new text end

new text begin Subd. 3. new text end

new text begin Breaks. new text end

new text begin An employee shall not be required to meet a quota that prevents
compliance with meal or rest periods, use of restroom facilities, including reasonable travel
time to and from restroom facilities as provided under section 177.253, subdivision 1, or
occupational health and safety standards under this chapter or Minnesota Rules, chapter
5205. An employer shall not take adverse employment action against an employee for failure
to meet a quota that does not allow a worker to comply with meal and rest periods, or
occupational health and safety standards under this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Work speed data. new text end

new text begin Employees have the right to request, and the employer shall
provide, a written description of each quota to which the employee is subject and a copy of
the most recent 90 days of the employee's own personal work speed data. If an employer
disciplines an employee for failure to meet a quota, the employer must, at the time of
discipline, provide the employee with a written copy of the most recent 90 days of the
employee's own personal work speed data. If an employer dismisses an employee for any
reason, they must, at the time of firing, provide the employee with a written copy of the
most recent 90 days of the employee's own personal work speed data. An employer shall
not retaliate against an employee for requesting data under this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin High rates of injury. new text end

new text begin If a particular work site or employer is found to have an
annual employee injury rate of at least 1.5 times higher than the warehousing industry's
average annual injury rate, the commissioner shall open an investigation of violations under
this section.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement. new text end

new text begin (a) This section does not limit the authority of the attorney
general, a district attorney, or a city attorney, either upon their own complaint or the
complaint of any person acting for themselves or the general public, to prosecute actions,
either civil or criminal, for violations of this section, or to enforce the provisions thereof
independently and without specific direction from the commissioner.
new text end

new text begin (b) A current or former employee may bring an action for injunctive relief to obtain
compliance with this section, and may, upon prevailing in the action, recover costs and
reasonable attorney fees in that action.
new text end

new text begin (c) Nothing in this section shall be construed to prevent local enforcement of occupational
health and safety standards that are more restrictive than this section.
new text end

Sec. 3. new text beginSEVERABILITY.
new text end

new text begin If any provision of this act or the application thereof to any person or circumstance is
held invalid, the invalidity does not affect other provisions or applications of the act which
can be given effect without the invalid provision or application.
new text end