SF 817

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor; allowing the commissioner of labor and industry to issue orders
of compliance relating to overtime for nurses; extending certain protections to
state nurses involved in resident or patient care; amending Minnesota Statutes
2006, sections 177.27, subdivision 4; 181.275, subdivision 1, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.35, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, new text begin 181.275, new text end new text begin with respect to nurses
described in section 181.275, subdivision 2a, new text end and 181.79, or with any rule promulgated
under section 177.28. The department shall serve the order upon the employer or the
employer's authorized representative in person or by certified mail at the employer's place
of business. An employer who wishes to contest the order must file written notice of
objection to the order with the commissioner within 15 calendar days after being served
with the order. A contested case proceeding must then be held in accordance with sections
14.57 to 14.69. If, within 15 calendar days after being served with the order, the employer
fails to file a written notice of objection with the commissioner, the order becomes a
final order of the commissioner.

Sec. 2.

Minnesota Statutes 2006, section 181.275, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them:

(1) "emergency" means a period when replacement staff are not able to report for
duty for the next shift or increased patient need, because of unusual, unpredictable,
or unforeseen circumstances such as, but not limited to, an act of terrorism, a disease
outbreak, adverse weather conditions, or natural disasters which impact continuity of
patient care;

(2) "normal work period" means 12 or fewer consecutive hours consistent with a
predetermined work shift;

(3) "nurse" has the meaning given in section 148.171, subdivision 9 new text begin , and includes
nurses employed by the state of Minnesota new text end ; and

(4) "taking action against" means discharging; disciplining; threatening; reporting
to the Board of Nursing; discriminating against; or penalizing regarding compensation,
terms, conditions, location, or privileges of employment.

Sec. 3.

Minnesota Statutes 2006, section 181.275, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin State nurses. new text end

new text begin Subdivision 2 applies to a nurse employed by the state of
Minnesota regardless of the type of facility in which the nurse is employed and regardless
of the facility's license, if the nurse is involved in resident or patient care. Nothing in
this section shall prevent an employee from utilizing rights or remedies available under
a valid collective bargaining agreement.
new text end