HF 3276

as introduced - 88th Legislature (2013 - 2014) Posted on 03/24/2014 12:40pm

A bill for an act
relating to employers; regulating electronic employee earnings statements;
amending Minnesota Statutes 2012, section 181.032.

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

Section 1.

Minnesota Statutes 2012, section 181.032, is amended to read:

181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.

(a) At the end of each pay period, the employer shall provide each employee an
earnings statement, either in writing or by electronic means, covering that pay period. An
employer who chooses to provide an earnings statement by electronic means must new text begin :
new text end

new text begin (1) new text end provide employee access to an employer-owned computer during an employee's
regular working hours to review and print earnings statements deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) address and transmit an electronic mail message to the electronic mail address as
defined in paragraph (e), and as provided in writing to the employer by the employee, at
which the employee has agreed to receive the earnings statement; or
new text end

new text begin (3) send to a mobile telephone number, designated in writing by the employee, a
communication to provide an earnings statement by means of a covered messaging system
as defined in paragraph (d). The employer may initiate the method set out in this clause
only after the employee has voluntarily consented in writing to that method of providing
an earnings statement.
new text end

(b) The earnings statement may be in any form determined by the employer but
must include:

(1) the name of the employee;

(2) the hourly rate of pay (if applicable);

(3) the total number of hours worked by the employee unless exempt from chapter
177;

(4) the total amount of gross pay earned by the employee during that period;

(5) a list of deductions made from the employee's pay;

(6) the net amount of pay after all deductions are made;

(7) the date on which the pay period ends; and

(8) the legal name of the employer and the operating name of the employer if
different from the legal name.

(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form.
Once an employer has received notice from an employee that the employee would like to
receive earnings statements in written form, the employer must comply with that request
on an ongoing basis.

new text begin (d) For the purposes of this section, "covered messaging system" means a messaging
system capable of providing text, graphic, or image messages, including a short message
service and systems using the wireless application protocol, that:
new text end

new text begin (1) is provided as part of a commercial mobile service as the term is defined in
United States Code, title 47, section 332(d); and
new text end

new text begin (2) provides access to the text, graphic, or image messages on the same handset
used to access voice messages.
new text end

new text begin (e) For the purposes of this section, "electronic mail address" means a destination,
commonly expressed as a string of characters, to which electronic mail may be sent or
delivered.
new text end