Minnesota Legislature
HF 4050
as introduced - 93rd Legislature (2023 - 2024) Posted on 04/15/2024 10:24pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/20/2024 |
Current Version - as introduced
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A bill for an act
relating to labor and industry; modifying minimum wage provisions; amending
Minnesota Statutes 2022, sections 177.23, by adding subdivisions; 177.24,
subdivision 1; Minnesota Statutes 2023 Supplement, section 204B.19, subdivision
6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 177.23, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Large Employer. new text end
new text begin
"Large employer" means an enterprise whose annual gross
volume of sales made or business done is not less than $500,000, exclusive of excise taxes
at the retail level that are separately stated, and covered by the Minnesota Fair Labor
Standards Act, sections 177.21 to 177.35.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2022, section 177.23, is amended by adding a subdivision to
read:
new text begin Subd. 13. new text end
new text begin Small Employer. new text end
new text begin
"Small employer" means an enterprise whose annual gross
volume of sales made or business done is less than $500,000, exclusive of excise taxes at
the retail level that are separately stated, and covered by the Minnesota Fair Labor Standards
Act, sections 177.21 to 177.35.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2022, section 177.24, subdivision 1, is amended to read:
Subdivision 1.
Amount.
deleted text begin
(a) For purposes of this subdivision, the terms defined in this
paragraph have the meanings given them.
deleted text end
deleted text begin
(1) "Large employer" means an enterprise whose annual gross volume of sales made or
business done is not less than $500,000 (exclusive of excise taxes at the retail level that are
separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21
to 177.35.
deleted text end
deleted text begin
(2) "Small employer" means an enterprise whose annual gross volume of sales made or
business done is less than $500,000 (exclusive of excise taxes at the retail level that are
separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21
to 177.35.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end Except as otherwise provided in sections 177.21 to 177.35deleted text begin :
deleted text end
deleted text begin (1)deleted text end new text begin ,new text end every deleted text begin largedeleted text end employer must pay each employee wages at a rate of at least:
deleted text begin (i)deleted text end new text begin (1)new text end $8.00 per hour beginning August 1, 2014;
deleted text begin (ii)deleted text end new text begin (2)new text end $9.00 per hour beginning August 1, 2015;
deleted text begin (iii)deleted text end new text begin (3)new text end $9.50 per hour beginning August 1, 2016; and
deleted text begin (iv)deleted text end new text begin (4)new text end the rate established under paragraph deleted text begin (f)deleted text end new text begin (c)new text end beginning January 1, 2018deleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) every small employer must pay each employee at a rate of at least:
deleted text end
deleted text begin
(i) $6.50 per hour beginning August 1, 2014;
deleted text end
deleted text begin
(ii) $7.25 per hour beginning August 1, 2015;
deleted text end
deleted text begin
(iii) $7.75 per hour beginning August 1, 2016; and
deleted text end
deleted text begin
(iv) the rate established under paragraph (f) beginning January 1, 2018.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Notwithstanding paragraph deleted text begin (b)deleted text end new text begin (a)new text end , during the first 90 consecutive days of
employment, an employer may pay an employee under the age of 20 years a wage of at
least:
(1) $6.50 per hour beginning August 1, 2014;
(2) $7.25 per hour beginning August 1, 2015;
(3) $7.75 per hour beginning August 1, 2016; and
(4) the rate established under paragraph deleted text begin (f)deleted text end new text begin (c)new text end beginning January 1, 2018.
No employer may take any action to displace an employee, including a partial displacement
through a reduction in hours, wages, or employment benefits, in order to hire an employee
at the wage authorized in this paragraph.
deleted text begin
(d) Notwithstanding paragraph (b), an employer that is a "hotel or motel," "lodging
establishment," or "resort" as defined in Minnesota Statutes 2012, section 157.15,
subdivisions 7, 8, and 11, must pay an employee working under a contract with the employer
that includes the provision by the employer of a food or lodging benefit, if the employee is
working under authority of a summer work travel exchange visitor program (J) nonimmigrant
visa, a wage of at least:
deleted text end
deleted text begin
(1) $7.25 per hour beginning August 1, 2014;
deleted text end
deleted text begin
(2) $7.50 per hour beginning August 1, 2015;
deleted text end
deleted text begin
(3) $7.75 per hour beginning August 1, 2016; and
deleted text end
deleted text begin
(4) the rate established under paragraph (f) beginning January 1, 2018.
deleted text end
deleted text begin
No employer may take any action to displace an employee, including a partial displacement
through a reduction in hours, wages, or employment benefits, in order to hire an employee
at the wage authorized in this paragraph.
deleted text end
deleted text begin
(e) Notwithstanding paragraph (b), a large employer must pay an employee under the
age of 18 at a rate of at least:
deleted text end
deleted text begin
(1) $6.50 per hour beginning August 1, 2014;
deleted text end
deleted text begin
(2) $7.25 per hour beginning August 1, 2015;
deleted text end
deleted text begin
(3) $7.75 per hour beginning August 1, 2016; and
deleted text end
deleted text begin
(4) the rate established under paragraph (f) beginning January 1, 2018.
deleted text end
deleted text begin
No employer may take any action to displace an employee, including a partial displacement
through a reduction in hours, wages, or employment benefits, in order to hire an employee
at the wage authorized in this paragraph.
deleted text end
deleted text begin (f)deleted text end new text begin (c)new text end No later than August 31 of each year, deleted text begin beginning in 2017,deleted text end the commissioner shall
determine the percentage increase in the rate of inflation, as measured by the implicit price
deflator, national data for personal consumption expenditures as determined by the United
States Department of Commerce, Bureau of Economic Analysis during the 12-month period
immediately preceding that August or, if that data is unavailable, during the most recent
12-month period for which data is available. The minimum wage rates in paragraphs new text begin (a)
and new text end (b)deleted text begin , (c), (d), and (e)deleted text end are increased by the lesser of: (1) deleted text begin 2.5deleted text end new text begin 5new text end percent, rounded to the
nearest cent; or (2) the percentage calculated by the commissioner, rounded to the nearest
cent. A minimum wage rate shall not be reduced under this paragraph. The new minimum
wage rates determined under this paragraph take effect on the next January 1.
deleted text begin (g)(1)deleted text end new text begin (d)(1)new text end No later than September 30 of each year, deleted text begin beginning in 2017,deleted text end the
commissioner may issue an order that an increase calculated under paragraph deleted text begin (f)deleted text end new text begin (c)new text end not
take effect. The commissioner may issue the order only if the commissioner, after
consultation with the commissioner of management and budget, finds that leading economic
indicators, including but not limited to projections of gross domestic product calculated by
the United States Department of Commerce, Bureau of Economic Analysis; the Consumer
Confidence Index issued by the Conference Board; and seasonally adjusted Minnesota
unemployment rates, indicate the potential for a substantial downturn in the state's economy.
Prior to issuing an order, the commissioner shall also calculate and consider the ratio of the
rate of the calculated change in the minimum wage rate to the rate of change in state median
income over the same time period used to calculate the change in wage rate. Prior to issuing
the order, the commissioner shall hold a public hearing, notice of which must be published
in the State Register, on the department's website, in newspapers of general circulation, and
by other means likely to inform interested persons of the hearing, at least ten days prior to
the hearing. The commissioner must allow interested persons to submit written comments
to the commissioner before the public hearing and for 20 days after the public hearing.
(2) The commissioner may in a year subsequent to issuing an order under clause (1),
make a supplemental increase in the minimum wage rate in addition to the increase for a
year calculated under paragraph deleted text begin (f)deleted text end new text begin (c)new text end . The supplemental increase may be in an amount up
to the full amount of the increase not put into effect because of the order. If the supplemental
increase is not the full amount, the commissioner may make a supplemental increase of the
difference, or any part of a difference, in a subsequent year until the full amount of the
increase ordered not to take effect has been included in a supplemental increase. In making
a determination to award a supplemental increase under this clause, the commissioner shall
use the same considerations and use the same process as for an order under clause (1). A
supplemental wage increase is not subject to and shall not be considered in determining
whether a wage rate increase exceeds the limits for annual wage rate increases allowed
under paragraph deleted text begin (f)deleted text end new text begin (c)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 204B.19, subdivision 6, is amended
to read:
Subd. 6.
Trainee election judges.
(a) Notwithstanding any other requirements of this
section, a student enrolled in a high school in Minnesota or who is in a home school in
compliance with sections 120A.22 and 120A.24, who has attained the age of 16 is eligible
to be appointed as a without party affiliation trainee election judge in the county in which
the student maintains residence, or a county adjacent to the county in which the student
maintains residence. The student must meet qualifications for trainee election judges specified
in rules of the secretary of state. A student appointed under this subdivision while enrolled
in a high school or receiving instruction in a home school may continue to serve as a trainee
election judge after the student graduates and until the student reaches the age of 18.
(b) A student appointed as a trainee election judge may be excused from school attendance
during the hours that the student is serving as a trainee election judge if the student submits
a written request signed and approved by the student's parent or guardian to be absent from
school and a certificate from the appointing authority stating the hours during which the
student will serve as a trainee election judge to the principal of the school at least ten days
prior to the election. A trainee election judge shall not serve after 10:00 p.m. Notwithstanding
section 177.24 to the contrary, trainee election judges may be paid not less than two-thirds
of the minimum wage for deleted text begin a largedeleted text end new text begin annew text end employer. The principal of the school may approve a
request to be absent from school conditioned on acceptable academic performance at the
time of service as a trainee election judge.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 5. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In each of the statutory sections listed in Column A, the revisor shall replace the statutory
citation in Column B with the statutory citation listed in Column C.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
new text begin
Column C new text end |
|
new text begin
175.007, subdivision 1, paragraph (b) new text end |
new text begin
177.24, subdivision 1, paragraph (a), clause (2) new text end |
new text begin
177.23, subdivision 13 new text end |
|
new text begin
222.50, subdivision 5, clause (4), item (ii) new text end |
new text begin
177.24, subdivision 1, paragraph (b) new text end |
new text begin
177.24, subdivision 1, paragraph (a) new text end |
|
new text begin
550.136, subdivision 3, paragraph (a), clause (2) new text end |
new text begin
177.24, subdivision 1, paragraph (b), clause (1), item (iii) new text end |
new text begin
177.24, subdivision 1, paragraph (a), clause (3) new text end |
|
new text begin
551.06, subdivision 3, paragraph (a), clause (2) new text end |
new text begin
177.24, subdivision 1, paragraph (b), clause (1), item (iii) new text end |
new text begin
177.24, subdivision 1, paragraph (a), clause (3) new text end |
|
new text begin
571.922, paragraph (a), clause (2), item (i) new text end |
new text begin
177.24, subdivision 1, paragraph (b), clause (1), item (iii) new text end |
new text begin
177.24, subdivision 1, paragraph (a), clause (3) new text end |