HF 2913

as introduced - 90th Legislature (2017 - 2018) Posted on 05/18/2018 09:44am

A bill for an act
relating to wages; prohibiting employers from requiring disclosure of past wages;
imposing civil penalties; amending Minnesota Statutes 2016, section 181.171,
subdivision 1; 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 2016, section 181.171, subdivision 1, is amended to read:

Subdivision 1.

Civil action; damages.

A person may bring a civil action seeking redress
for violations of sections 181.02, 181.03, 181.031, 181.032, 181.08, 181.09, 181.10, 181.101,
181.11, 181.13, 181.14, 181.145, deleted text beginand deleted text end 181.15 new text begin, and 181.173 new text end directly to district court. An
employer who is found to have violated the above sections is liable to the aggrieved party
for the civil penalties or damages provided for in the section violated. An employer who is
found to have violated the above sections shall also be liable for compensatory damages
and other appropriate relief including but not limited to injunctive relief.

Sec. 2.

new text begin [181.173] WAGE DISCLOSURE REQUIREMENTS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (a) "Employer" means a person or entity having one or more employees in Minnesota
and includes the state and any political subdivision of the state.
new text end

new text begin (b) "Wage" or "wages" means any and all forms of remuneration for employment.
new text end

new text begin Subd. 2. new text end

new text begin Seeking wage disclosure prohibited. new text end

new text begin An employer must not:
new text end

new text begin (1) seek the wage history or information about past wages of an employee or prospective
employee; or
new text end

new text begin (2) require that a prospective employee's prior wage or salary history meet certain criteria.
new text end

new text begin Subd. 3. new text end

new text begin Civil action; civil penalties. new text end

new text begin (a) In addition to other relief allowed in section
181.171, an employer held in violation of this section must pay a civil penalty of $1,000
per violation.
new text end

new text begin (b) In addition to other rights described in section 181.171, an individual aggrieved by
a violation of this section may bring a collective or class action on behalf of others similarly
situated.
new text end

new text begin (c) In addition to any damages or costs described in section 181.171, a person aggrieved
by a violation of this section is entitled to compensatory damages, including lost wages or
the difference in wages had the violation not occurred, plus an equal amount as exemplary
damages.
new text end