SF 1221

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to unfair trade practices; prohibiting 
  1.3             employer misrepresentation of status of employees; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 325D. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [325D.125] [EMPLOYERS NOT TO MISREPRESENT 
  1.8   STATUS OF EMPLOYEES.] 
  1.9      Subdivision 1.  [MISREPRESENTATION PROHIBITED.] No employer 
  1.10  shall misrepresent the nature of its employment relationship 
  1.11  with its employees to any federal, state, or local government 
  1.12  unit, to other employers or to its employees.  An employer 
  1.13  misrepresents the nature of its employment relationship with its 
  1.14  employees if it makes any statement regarding the nature of the 
  1.15  relationship that the employer does not in good faith believe to 
  1.16  be true or if it fails to report individuals as employees when 
  1.17  legally required to do so. 
  1.18     Subd. 2.  [EMPLOYEE COERCION PROHIBITED.] No employer shall 
  1.19  require or request any employee to enter into any agreement, or 
  1.20  sign any document, that results in misclassification of the 
  1.21  employee as an independent contractor or otherwise does not 
  1.22  accurately reflect the employment relationship with the employer.
  1.23     Subd. 3.  [VIOLATIONS.] Any court finding any person guilty 
  1.24  of violating this section shall transmit a copy of the 
  1.25  documentation of the finding of guilt to the commissioner of 
  2.1   labor and industry.  The commissioner of labor and industry 
  2.2   shall report the finding of guilt to relevant state and federal 
  2.3   agencies, including at least the commissioner of commerce, the 
  2.4   commissioner of economic security, the commissioner of revenue, 
  2.5   the federal Internal Revenue Service, and the United States 
  2.6   Department of Labor.