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HF 92

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/03/2013 01:06pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to employment; regulating the minimum wage; modifying overtime
and parental leave provisions; amending Minnesota Statutes 2012, sections
177.23, subdivision 7; 177.24, subdivision 1; 177.25, subdivisions 1, 5; 181.941,
subdivision 1; 181.943.

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

Section 1.

Minnesota Statutes 2012, section 177.23, subdivision 7, is amended to read:


Subd. 7.

Employee.

"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 deleted text begin48deleted text endnew text begin 40new text end 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 detasseler;

(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);

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

(12) any individual engaged in babysitting as a sole practitioner;

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 2.

Minnesota Statutes 2012, section 177.24, subdivision 1, is amended to read:


Subdivision 1.

Amount.

(a) For purposes of this subdivision, the terms defined in
this paragraph have the meanings given them.

(1) "Large employer" means an enterprise whose annual gross volume of sales made
or business done is not less than deleted text begin$625,000deleted text endnew text begin $500,000new text end (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.

(2) "Small employer" means an enterprise whose annual gross volume of sales
made or business done is less than deleted text begin$625,000deleted text endnew text begin $500,000new text end (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.

(b) Except as otherwise provided in sections 177.21 to 177.35deleted text begin, every large employer
must pay each employee wages at a rate of at least $5.15 an hour beginning September
1, 1997, and at a rate of at least $6.15 an hour beginning August 1, 2005. Every small
employer must pay each employee at a rate of at least $4.90 an hour beginning January 1,
1998, and at a rate of at least $5.25 an hour beginning August 1, 2005
deleted text endnew text begin:
new text end

new text begin (1) every large employer must pay each employee wages at a rate of at least:
new text end

new text begin (i) $8.00 per hour beginning August 1, 2013;
new text end

new text begin (ii) $9.00 per hour beginning August 1, 2014;
new text end

new text begin (iii) $9.50 per hour beginning August 1, 2015; and
new text end

new text begin (iv) the rate established under paragraph (d) beginning January 1, 2016; and
new text end

new text begin (2) every small employer must pay each employee at a rate of at least:
new text end

new text begin (i) $7.00 per hour beginning August 1, 2013;
new text end

new text begin (ii) $8.00 per hour beginning August 1, 2014;
new text end

new text begin (iii) $8.50 per hour beginning August 1, 2015; and
new text end

new text begin (iv) the rate established under paragraph (d) beginning January 1, 2016new text end.

(c) Notwithstanding paragraph (b), during the first 90 consecutive days of
employment, an employer may pay an employee under the age of 20 years a wage of deleted text begin$4.90
an hour. No employer may take any action to displace any 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 endnew text begin at least:
new text end

new text begin (1) $6.50 per hour beginning August 1, 2013;
new text end

new text begin (2) $7.50 per hour beginning August 1, 2014;
new text end

new text begin (3) $8.00 per hour beginning August 1, 2015; and
new text end

new text begin (4) the rate established under paragraph (d) beginning January 1, 2016new text end.

new 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.
new text end

new text begin (d) No later than November 1 of each year, beginning in 2015, the commissioner
shall determine the percentage increase in the rate of inflation, as measured by the
Consumer Price Index for all urban consumers, United States city average, as determined
by the United States Department of Labor, during the most recent 12-month period for
which data is available. The minimum wage rates in paragraphs (b) and (c) are increased
by the percentage calculated by the commissioner, rounded to the nearest cent. The new
minimum wage rates determined under this paragraph take effect on the next January 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2012, section 177.25, subdivision 1, is amended to read:


Subdivision 1.

Compensation required.

No employer may employ an employee
for a workweek longer than deleted text begin48deleted text endnew text begin 40new text end hours, unless the employee receives compensation for
employment in excess of deleted text begin48deleted text endnew text begin 40new text end hours in a workweek at a rate of at least 1-1/2 times the
regular rate at which the employee is employed. The state of Minnesota or a political
subdivision may grant time off at the rate of 1-1/2 hours for each hour worked in excess of
deleted text begin48deleted text endnew text begin 40new text end hours in a week in lieu of monetary compensation. An employer does not violate
the overtime pay provisions of this section by employing any employees for a workweek
in excess of deleted text begin48deleted text endnew text begin 40new text end hours without paying the compensation for overtime employment
prescribed (1) if the employee is employed under an agreement meeting the requirement
of section 7(b)(2) of the Fair Labor Standards Act of 1938, as amended, or (2) if the
employee is employed as a sugar beet hand laborer on a piece rate basis, provided that the
regular rate of pay received per hour of work exceeds the applicable wage provided in
section 177.24, subdivision 1new text begin,new text end by at least 40 cents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2012, section 177.25, subdivision 5, is amended to read:


Subd. 5.

Air carrier employees.

Subdivision 1 does not apply to employees of air
carriers subject to the provisions of title II of the Railway Labor Act, when the hours worked
by an employee in excess of deleted text begin48deleted text endnew text begin 40new text end in a workweek are not required by the carrier, but are
arranged through a voluntary agreement among employees to trade scheduled work hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 5.

Minnesota Statutes 2012, section 181.941, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginSixdeleted text endnew text begin Twelvenew text end-week leave; birth or adoption.

An employer must
grant an unpaid leave of absence to an employee who is a natural or adoptive parent in
conjunction with the birth or adoption of a child. The length of the leave shall be determined
by the employee, but may not exceed deleted text beginsixdeleted text endnew text begin 12new text end weeks, unless agreed to by the employer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 6.

Minnesota Statutes 2012, section 181.943, is amended to read:


181.943 RELATIONSHIP TO OTHER LEAVE.

(a) The length of parental leave provided under section 181.941 may be reduced
by any period of paid parental or disability leave, but not accrued sick leave, provided
by the employer, so that the total leave does not exceed deleted text beginsixdeleted text endnew text begin 12new text end weeks, unless agreed
to by the employer.

(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing
leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise
affects an employee's rights with respect to any other employment benefit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end