HF 947

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/04/2019 04:03pm

A bill for an act
relating to wages; prohibiting employers from requiring disclosure of past wages;
imposing civil penalties; amending Minnesota Statutes 2018, section 181.171,
subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapter
181.

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

Section 1.

Minnesota Statutes 2018, section 181.171, subdivision 1, is amended to read:

Subdivision 1.

Civil action; damages.

A person may bring a civil action seeking redress
for violations of sections 181.02, 181.03, 181.031, 181.032, 181.08, 181.09, 181.10, 181.101,
181.11, 181.13, 181.14, 181.145, deleted text begin and deleted text end 181.15 new text begin , and 181.173 new text end directly to district court. An
employer who is found to have violated the above sections is liable to the aggrieved party
for the civil penalties or damages provided for in the section violated. An employer who is
found to have violated the above sections shall also be liable for compensatory damages
and other appropriate relief including but not limited to injunctive relief.

Sec. 2.

Minnesota Statutes 2018, section 181.171, subdivision 4, is amended to read:

Subd. 4.

Employer; definition.

"Employer" means any person having one or more
employees in Minnesota and includes the state and any political subdivision of the state.
This definition applies to this section and sections 181.02, 181.03, 181.031, 181.032, 181.06,
181.063, 181.10, 181.101, 181.13, 181.14, deleted text begin and deleted text end 181.16 new text begin , and 181.173 new text end .

Sec. 3.

new text begin [181.173] WAGE DISCLOSURE REQUIREMENTS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Seeking wage disclosure prohibited. new text end

new text begin An employer shall not:
new text end

new text begin (1) seek, from any source, the past wage, salary, earnings, or commission information
of an employee or prospective employee; or
new text end

new text begin (2) use any wage history information received about an employee or prospective employee
when determining the future wages, salary, earnings, or commissions of that employee.
new text end

new text begin Subd. 2. new text end

new text begin Civil action; civil penalties. new text end

new text begin (a) In addition to other relief allowed in section
181.171, an employer who has violated this section must pay a civil penalty of $1,000 per
violation to the employee or prospective employee.
new text end

new text begin (b) In addition to other rights described in section 181.171, an individual aggrieved by
a violation of this section may bring a collective or class action on behalf of others similarly
situated.
new text end

new text begin (c) An individual aggrieved by a violation of this section is entitled to compensatory
damages, including lost wages, salary, earnings, or commissions; or the difference in wages,
salary, earnings, or commissions had the violation not occurred; plus an equal amount as
liquidated damages. These damages are in addition to any relief awarded by a court under
section 181.171.
new text end