2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
Introduction | Posted on 03/03/2005 | |
1st Engrossment | Posted on 04/06/2005 | |
2nd Engrossment | Posted on 04/11/2005 |
A bill for an act
relating to public safety; expanding the protection
against employer retaliation for crime victims;
amending Minnesota Statutes 2004, sections 518B.01, by
adding a subdivision; 609.748, by adding a
subdivision; 611A.036.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2004, section 518B.01, is
amended by adding a subdivision to read:
new text begin (a)
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable
time off from work to obtain or attempt to obtain relief under
this chapter. Except in cases of imminent danger to the health
or safety of the employee or the employee's child, or unless
impracticable, an employee who is absent from the workplace
shall give 48 hours' advance notice to the employer. Upon
request of the employer, the employee shall provide verification
that supports the employee's reason for being absent from the
workplace. All information related to the employee's leave
pursuant to this section shall be kept confidential by the
employer.
new text end
new text begin
(b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In
addition, the court shall order the employer to pay back wages
and offer job reinstatement to any employee discharged from
employment in violation of paragraph (a).
new text end
new text begin
(c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a
civil action for recovery of damages, together with costs and
disbursements, including reasonable attorney's fees, and may
receive such injunctive and other equitable relief, including
reinstatement, as determined by the court.
new text end
new text begin
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end
Minnesota Statutes 2004, section 609.748, is
amended by adding a subdivision to read:
new text begin (a)
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable
time off from work to obtain or attempt to obtain relief under
this section. Except in cases of imminent danger to the health
or safety of the employee or the employee's child, or unless
impracticable, an employee who is absent from the workplace
shall give 48 hours' advance notice to the employer. Upon
request of the employer, the employee shall provide verification
that supports the employee's reason for being absent from the
workplace. All information related to the employee's leave
pursuant to this section shall be kept confidential by the
employer.
new text end
new text begin
(b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In
addition, the court shall order the employer to pay back wages
and offer job reinstatement to any employee discharged from
employment in violation of paragraph (a).
new text end
new text begin
(c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a
civil action for recovery of damages, together with costs and
disbursements, including reasonable attorney's fees, and may
receive such injunctive and other equitable relief, including
reinstatement, as determined by the court.
new text end
new text begin
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end
Minnesota Statutes 2004, section 611A.036, is
amended to read:
An employer deleted text begin or
employer's agent who threatens to discharge or discipline deleted text end new text begin must
allow new text end a victim or witness, deleted text begin or who discharges, disciplines, or
causes a victim or witness to be discharged from employment or
disciplined because the victim or the witness deleted text end new text begin who new text end is subpoenaed
or requested by the prosecutor to attend court for the purpose
of giving testimony, deleted text begin is guilty of a misdemeanor and may be
punished for contempt of court. In addition, the court shall
order the employer to offer job reinstatement to any victim or
witness discharged from employment in violation of this section,
and to pay the victim or witness back wages as
appropriate deleted text end new text begin reasonable time off from work to attend criminal
proceedings related to the victim's casenew text end .
new text begin
Subd. 2.new text end [VICTIM'S SPOUSE OR NEXT OF KIN.] new text begin An employer
must allow a victim of a heinous crime, as well as the victim's
spouse or next of kin, reasonable time off from work to attend
criminal proceedings related to the victim's case.
new text end
new text begin
An employer shall not
discharge, discipline, threaten, otherwise discriminate against,
or penalize an employee regarding the employee's compensation,
terms, conditions, location, or privileges of employment,
because the employee took reasonable time off from work to
attend a criminal proceeding pursuant to this section.
new text end
new text begin
An employee who
is absent from the workplace shall give 48 hours' advance notice
to the employer, unless impracticable or an emergency prevents
the employee from doing so. Upon request of the employer, the
employee shall provide verification that supports the employee's
reason for being absent from the workplace. All information
related to the employee's leave pursuant to this section shall
be kept confidential by the employer.
new text end
new text begin
An employer who violates this section
is guilty of a misdemeanor and may be punished for contempt of
court. In addition, the court shall order the employer to offer
job reinstatement to any employee discharged from employment in
violation of this section, and to pay the employee back wages as
appropriate.
new text end
new text begin
In addition to any remedies
otherwise provided by law, an employee injured by a violation of
this section may bring a civil action for recovery for damages,
together with costs and disbursements, including reasonable
attorney's fees, and may receive such injunctive and other
equitable relief, including reinstatement, as determined by the
court.
new text end
new text begin As used in this section, "heinous
crime" means:
new text end
new text begin
(1) a violation or attempted violation of section 609.185
or 609.19;
new text end
new text begin
(2) a violation of section 609.195 or 609.221; or
new text end
new text begin
(3) a violation of section 609.342, 609.343, or 609.344, if
the offense was committed with force or violence or if the
complainant was a minor at the time of the offense.
new text end
new text begin
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end