SF 1769

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; providing remedies and enforcement for the prevailing
wage law; amending Minnesota Statutes 2006, section 177.27, subdivisions 1, 4;
proposing coding for new law in Minnesota Statutes, chapter 177.

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

Section 1.

Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:

Subdivision 1.

Examination of records.

The commissioner may enter during
reasonable office hours or upon request and inspect the place of business or employment of
any employer of employees working in the state, to examine and inspect books, registers,
payrolls, and other records of any employer that in any way relate to wages, hours, and
other conditions of employment of any employees. The commissioner may transcribe any
or all of the books, registers, payrolls, and other records as the commissioner deems
necessary or appropriate and may question the employees to ascertain compliance with
sections 177.21 to . The commissioner may investigate wage claims or
complaints by an employee against an employer if the failure to pay a wage may violate
Minnesota law or an order or rule of the department.

Sec. 2.

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 , 181.02, 181.03, 181.031,
181.032, 181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, 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. 3.

new text begin [177.45] PRIVATE PARTY CIVIL ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Civil action; damages. new text end

new text begin A person aggrieved by a violation of section
177.43, 177.435, or 177.44 may bring a civil action seeking redress directly to district
court. A contractor, subcontractor, or agent who is found to have violated any of those
sections is liable to the aggrieved party for compensatory damages in the amount of any
unpaid wages and benefits and for an additional equal amount as liquidated damages, in
addition to other appropriate relief, including, but not limited to, injunctive relief. An
action under this section may be maintained against any contractor, subcontractor, or agent
by any one or more employees. An agreement between the employee and employer to
work for less than the applicable wage is not a defense to the action.
new text end

new text begin Subd. 2. new text end

new text begin District court jurisdiction. new text end

new text begin An action brought under subdivision 1 may be
filed in the district court of the county where a violation is alleged to have been committed,
where the contractor, subcontractor, or agent resides or has a principal place of business,
or any other court of competent jurisdiction.
new text end

new text begin Subd. 3. new text end

new text begin Attorney fees and costs. new text end

new text begin In an action brought under subdivision 1, the
court shall order a contractor, subcontractor, or agent who is found to have committed
a violation to pay to the aggrieved party reasonable costs, disbursements, witness fees,
and attorney fees.
new text end