SF 404

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; modifying provisions relating 
  1.3             to employment contracts; amending Minnesota Statutes 
  1.4             1996, sections 181.55; 181.57; 181.635; and 181.64.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 181.55, is 
  1.7   amended to read: 
  1.8      181.55 [WRITTEN STATEMENT TO EMPLOYEES BY EMPLOYERS.] 
  1.9      When an offer for employment is made or a contract of 
  1.10  employment is consummated between an employer and an employee 
  1.11  for work to be performed in this state, or for work to be 
  1.12  performed in another state for an employer localized in this 
  1.13  state, the employer shall give to the employee a proposed 
  1.14  written and signed agreement of hire and, if a contract is made, 
  1.15  a written and signed agreement which shall clearly and plainly 
  1.16  state in the employee's predominant language: 
  1.17     (1) the date on which the agreement was or will be entered 
  1.18  into; 
  1.19     (2) the date on which the services of the employee are to 
  1.20  begin; 
  1.21     (3) the rate of pay per unit of time, or of commission, or 
  1.22  by the piece, so that wages due may be readily computed; 
  1.23     (4) the number of hours a day which shall constitute a 
  1.24  regular day's work, and whether or not additional hours the 
  1.25  employee is required to work shall constitute overtime and be 
  2.1   paid for, and, if so, the rate of pay for overtime work; and 
  2.2      (5) a statement of any special responsibility undertaken by 
  2.3   the employee, not forbidden by law, which, if not properly 
  2.4   performed by the employee, will entitle the employer to make 
  2.5   deductions from the wages of the employee, and the terms upon 
  2.6   which such deductions may be made.  
  2.7      Sec. 2.  Minnesota Statutes 1996, section 181.57, is 
  2.8   amended to read: 
  2.9      181.57 [APPLICATION OF SECTIONS 181.55 AND 181.56.] 
  2.10     Sections 181.55 and 181.56 shall not apply to farm labor, 
  2.11  nor to casual employees temporarily employed, nor or to 
  2.12  employers employing less than ten employees.  
  2.13     Sec. 3.  Minnesota Statutes 1996, section 181.635, is 
  2.14  amended to read: 
  2.15     181.635 [RECRUITMENT; FOOD PROCESSING EMPLOYMENT.] 
  2.16     Subdivision 1.  [DEFINITIONS.] The definitions in this 
  2.17  subdivision apply to this section. 
  2.18     (a) "Employer" means a person who employs another to 
  2.19  perform a service for hire.  Employer includes any agent or 
  2.20  attorney of an employer who, for money or other valuable 
  2.21  consideration paid or promised to be paid, performs any 
  2.22  recruiting.  
  2.23     (b) "Person" means a corporation, partnership, limited 
  2.24  liability company, limited liability partnership, association, 
  2.25  individual, or group of persons. 
  2.26     (c) "Recruits" means to induce an individual, directly or 
  2.27  through an agent, to relocate to Minnesota to work in food 
  2.28  processing by an offer of employment. 
  2.29     (d) "Food processing" means canning, packing, or otherwise 
  2.30  processing poultry or meat for consumption. 
  2.31     (e) "Terms and conditions of employment" means the 
  2.32  following: 
  2.33     (1) nature of the work to be performed; 
  2.34     (2) wage rate, nature and amount of deductions for tools, 
  2.35  clothing, supplies, or other items; 
  2.36     (3) anticipated hours of work per week, including overtime; 
  3.1      (4) anticipated slow-down slowdown or shutdown or if hours 
  3.2   of work per week vary more than 25 percent from clause (3); 
  3.3      (5) duration of the work; 
  3.4      (6) workers' compensation coverage and name, address, and 
  3.5   telephone number of insurer and department of labor and 
  3.6   industry; 
  3.7      (7) employee benefits available, including any health 
  3.8   plans, sick leave, or paid vacation; 
  3.9      (8) transportation and relocation arrangements with 
  3.10  allocation of costs between employer and employee; 
  3.11     (9) availability and description of housing and any costs 
  3.12  to employee associated with housing; and 
  3.13     (10) any other item of value offered, and allocation of 
  3.14  costs of item between employer and employee. 
  3.15     Subd. 2.  [RECRUITING; REQUIRED DISCLOSURE.] An employer 
  3.16  shall provide written disclosure of the terms and conditions of 
  3.17  employment to a person at the time it recruits the person to 
  3.18  relocate to work in the food processing industry.  The 
  3.19  disclosure requirement does not apply to an exempt employee as 
  3.20  defined in United States Code, title 29, section 213(a)(1).  The 
  3.21  disclosure must be written in English and Spanish in the 
  3.22  employee's predominant language, dated and signed by the 
  3.23  employer and the person recruited, and maintained by the 
  3.24  employer for two years.  A copy of the signed and completed 
  3.25  disclosure must be delivered immediately to the recruited 
  3.26  person.  The disclosure may not be construed as an employment 
  3.27  contract.  
  3.28     Subd. 3.  [CIVIL ACTION.] A person injured by a violation 
  3.29  of this section has a cause of action for damages for the 
  3.30  greater of $500 per violation or twice their actual damages, 
  3.31  plus costs and reasonable attorney's fees.  A damage award shall 
  3.32  be the greater of $750 or three times actual damages for a 
  3.33  person injured by an intentional violation of this section.  
  3.34     Subd. 4.  [FINE.] The department of labor and industry 
  3.35  shall fine an employer not less than $200 or more than $500 for 
  3.36  each violation of this section. 
  4.1      Subd. 5.  [APPLICABILITY.] A public agency providing 
  4.2   employment services is not an employer under this section. 
  4.3      Subd. 6.  [STANDARD DISCLOSURE FORM.] The department of 
  4.4   labor and industry shall provide a standard form for use at the 
  4.5   employer's option in making the disclosure required in 
  4.6   subdivision 2.  The form shall be available in English and 
  4.7   Spanish in the employee's predominant language. 
  4.8      Sec. 4.  Minnesota Statutes 1996, section 181.64, is 
  4.9   amended to read: 
  4.10     181.64 [FALSE STATEMENTS AS INDUCEMENT TO ENTERING 
  4.11  EMPLOYMENT.] 
  4.12     It shall be unlawful for any person, partnership, company, 
  4.13  corporation, association, or organization of any kind, doing 
  4.14  business in this state, directly or through any agent or 
  4.15  attorney, to induce, influence, persuade, or engage any person 
  4.16  to change from one place to another in this state, or to change 
  4.17  from any place in any state, territory, or country to any place 
  4.18  in this state, to work in any branch of labor through or by 
  4.19  means of knowingly false representations, whether spoken, 
  4.20  written, or advertised in printed form, concerning the kind or 
  4.21  character of such work, the compensation therefor, the sanitary 
  4.22  conditions relating to or surrounding it, or failure to state in 
  4.23  any advertisement, proposal, or contract for the employment that 
  4.24  there is a strike or lockout at the place of the proposed 
  4.25  employment, when in fact such strike or lockout then actually 
  4.26  exists in such employment at such place.  Any such unlawful acts 
  4.27  shall be deemed a false advertisement or misrepresentation for 
  4.28  the purposes of this section and section 181.65.