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Minnesota Legislature

Office of the Revisor of Statutes

HF 2915

as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2018 10:28am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to employment; modifying the definition of employee for individuals
providing babysitting services; amending Minnesota Statutes 2016, sections 177.23,
subdivision 7; 181.960, subdivision 3; 363A.20, subdivision 1.


Section 1.

Minnesota Statutes 2016, section 177.23, subdivision 7, is amended to read:

Subd. 7.


"Employee" means any individual employed by an employer but
does not include:

(1) two or fewer specified individuals employed at any given time in agriculture on a
farming unit or operation who are paid a salary;

(2) any individual employed in agriculture on a farming unit or operation who is paid a
salary greater than the individual would be paid if the individual worked 48 hours at the
state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week;

(3) an individual under 18 who is employed in agriculture on a farm to perform services
other than corn detasseling or hand field work when one or both of that minor hand field
worker's parents or physical custodians are also hand field workers;

(4) for purposes of section 177.24, an individual under 18 who is employed as a corn

(5) any staff member employed on a seasonal basis by an organization for work in an
organized resident or day camp operating under a permit issued under section 144.72;

(6) any individual employed in a bona fide executive, administrative, or professional
capacity, or a salesperson who conducts no more than 20 percent of sales on the premises
of the employer;

(7) any individual who renders service gratuitously for a nonprofit organization;

(8) any individual who serves as an elected official for a political subdivision or who
serves on any governmental board, commission, committee or other similar body, or who
renders service gratuitously for a political subdivision;

(9) any individual employed by a political subdivision to provide police or fire protection
services or employed by an entity whose principal purpose is to provide police or fire
protection services to a political subdivision;

(10) any individual employed by a political subdivision who is ineligible for membership
in the Public Employees Retirement Association under section 353.01, subdivision 2b,
clause (1), (2), (4), or (9), item (i);

(11) any driver employed by an employer engaged in the business of operating taxicabs;

(12) any individual engaged in babysitting as a sole practitionernew text begin ten hours per week or
new text end;

(13) for the purpose of section 177.25, any individual employed on a seasonal basis in
a carnival, circus, fair, or ski facility;

(14) any individual under 18 working less than 20 hours per workweek for a municipality
as part of a recreational program;

(15) any individual employed by the state as a natural resource manager 1, 2, or 3
(conservation officer);

(16) any individual in a position for which the United States Department of Transportation
has power to establish qualifications and maximum hours of service under United States
Code, title 49, section 31502;

(17) any individual employed as a seafarer. The term "seafarer" means a master of a
vessel or any person subject to the authority, direction, and control of the master who is
exempt from federal overtime standards under United States Code, title 29, section 213(b)(6),
including but not limited to pilots, sailors, engineers, radio operators, firefighters, security
guards, pursers, surgeons, cooks, and stewards;

(18) any individual employed by a county in a single-family residence owned by a county
home school as authorized under section 260B.060 if the residence is an extension facility
of that county home school, and if the individual as part of the employment duties resides
at the residence for the purpose of supervising children as defined by section 260C.007,
subdivision 4
; or

(19) nuns, monks, priests, lay brothers, lay sisters, ministers, deacons, and other members
of religious orders who serve pursuant to their religious obligations in schools, hospitals,
and other nonprofit institutions operated by the church or religious order.

Sec. 2.

Minnesota Statutes 2016, section 181.960, subdivision 3, is amended to read:

Subd. 3.


"Employer" means a person deleted text beginwho has 20deleted text endnew text begin with onenew text end or more employees.
Employer does not include a state agency, statewide system, political subdivision, or advisory
board or commission that is subject to chapter 13.

Sec. 3.

Minnesota Statutes 2016, section 363A.20, subdivision 1, is amended to read:

Subdivision 1.


The provisions of section 363A.08 shall not apply to the
employment of any individualdeleted text begin:
deleted text end

deleted text begin (1)deleted text end by the individual's parent, grandparent, spouse, child, or grandchilddeleted text begin; or
deleted text end

deleted text begin (2) in the domestic service of any persondeleted text end.