HF 3285

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; modifying wage payment 
  1.3             provisions; prohibiting employers from charging 
  1.4             employees or job applicants for background checks and 
  1.5             certain types of training; amending Minnesota Statutes 
  1.6             1998, sections 181.03; 181.14, subdivision 1; and 
  1.7             181.87, subdivision 2; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 181.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 181.03, is 
  1.11  amended to read: 
  1.12     181.03 [CERTAIN ACTS RELATING TO PAYMENT OF WAGES 
  1.13  UNLAWFUL.] 
  1.14     Subdivision 1.  [PROHIBITED PRACTICES.] An employer may 
  1.15  not, directly or indirectly and with intent to defraud: 
  1.16     (1) cause any employee to give a receipt for wages for a 
  1.17  greater amount than that actually paid to the employee for 
  1.18  services rendered; 
  1.19     (2) directly or indirectly demand or receive from any 
  1.20  employee any rebate or refund from the wages owed the employee 
  1.21  under contract of employment with the employer; or 
  1.22     (3) in any manner make or attempt to make it appear that 
  1.23  the wages paid to any employee were greater than the amount 
  1.24  actually paid to the employee.  
  1.25     Subd. 2.  [COMMISSIONS.] Except as otherwise provided in 
  1.26  section 181.13, an employer or a person, firm, corporation, or 
  1.27  association employing a commission salesperson may not alter the 
  2.1   method of payment, timing of payment, or procedures for payment 
  2.2   of commissions after the employee or salesperson has resigned or 
  2.3   been terminated. 
  2.4      Sec. 2.  Minnesota Statutes 1998, section 181.14, 
  2.5   subdivision 1, is amended to read: 
  2.6      Subdivision 1.  [PROMPT PAYMENT REQUIRED.] (a) Except as 
  2.7   otherwise provided in section 181.11, 181.145, or 181.87, when 
  2.8   any such employee quits or resigns employment, the wages or 
  2.9   commissions earned and unpaid at the time the employee quits or 
  2.10  resigns shall be paid in full not later than the first regularly 
  2.11  scheduled payday following the employee's final day of 
  2.12  employment, unless an employee is subject to a collective 
  2.13  bargaining agreement with a different provision.  If the first 
  2.14  regularly scheduled payday is less than five calendar days 
  2.15  following the employee's final day of employment, full payment 
  2.16  may be delayed until the second regularly scheduled payday but 
  2.17  shall not exceed a total of 20 calendar days following the 
  2.18  employee's final day of employment. 
  2.19     (b) Notwithstanding the provisions of paragraph (a), in the 
  2.20  case of migrant workers, as defined in section 181.85, the wages 
  2.21  or commissions earned and unpaid at the time the employee quits 
  2.22  or resigns shall become due and payable within five days 
  2.23  thereafter. 
  2.24     Sec. 3.  [181.645] [EXPENSES FOR BACKGROUND CHECKS AND 
  2.25  TRAINING.] 
  2.26     An employer, as defined in section 181.931, or a 
  2.27  prospective employer may not require an employee or job 
  2.28  applicant to pay for expenses incurred in criminal or background 
  2.29  checks, credit checks, testing of any sort, orientation, or 
  2.30  required training, except when that training is required in 
  2.31  order to obtain or maintain a license for the employee. 
  2.32     Sec. 4.  Minnesota Statutes 1998, section 181.87, 
  2.33  subdivision 2, is amended to read: 
  2.34     Subd. 2.  [BIWEEKLY PAY.] The employer shall pay wages due 
  2.35  to the migrant worker at least every two weeks, except on 
  2.36  termination, when the employer shall pay within three days 24 
  3.1   hours.