SF 1984

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; increasing the penalty for
failure to pay a discharged employee within 24 hours;
modifying the penalty for failure to pay benefits or
wage supplements; increasing the penalty for violation
of migrant worker payment requirements; amending
Minnesota Statutes 2004, sections 181.11; 181.74,
subdivision 1; 181.89, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 181.11, is
amended to read:

181.11 DISCHARGED EMPLOYEE MUST BE PAID WITHIN 24 HOURS.

When any such transitory employment as is described in
section 181.10 which requires an employee to change the
employee's place of abode while performing the service required
by the employment is terminated, either by the completion of the
work or by the discharge or quitting of the employee, the wages
or earnings of such employee in such employment shall be paid
within 24 hours and, if not then paid, the employer shall pay
the employee's reasonable expenses of remaining in the camp or
elsewhere away from home while awaiting the arrival of payment
of wages or earnings and, if such wages or earnings are not paid
within deleted text begin three deleted text end new text begin two business new text end days after the termination of such
employment for any cause, the employer shall, in addition, pay
to the employee new text begin two times new text end the average amount of the employee's
daily earnings in such employment from the time of the
termination of the employment until payment has been made in
full deleted text begin , but not for a longer period of time than 15 days deleted text end .

Sec. 2.

Minnesota Statutes 2004, section 181.74,
subdivision 1, is amended to read:

Subdivision 1.

Gross misdemeanor.

Any employer required
under the provisions of an agreement to which the employer is a
party to pay or provide benefits or wage supplements to
employees or to a third party or fund for the benefit of
employees, and who refuses to pay the amount or amounts
necessary to provide such benefits or furnish such supplements
within deleted text begin 60 deleted text end new text begin 30 new text end days after such payments are required to be made
under law or under agreement, is guilty of a gross misdemeanor.
If such employer is a corporation, any officer who intentionally
violates the provisions of this section shall be guilty of a
gross misdemeanor. The institution of bankruptcy proceedings
according to law shall be a defense to any criminal action under
this section.

Sec. 3.

Minnesota Statutes 2004, section 181.89,
subdivision 2, is amended to read:

Subd. 2.

Judgment; damages.

If the court finds that any
defendant has violated the provisions of sections 181.86 to
181.88, the court shall enter judgment for the actual damages
incurred by the plaintiff or the appropriate penalty as provided
by this subdivision, whichever is greater. The court may also
award court costs and a reasonable attorney's fee. The
penalties shall be as follows:

(1) Whenever the court finds that an employer has violated
the record-keeping requirements of section 181.88, $50;

(2) Whenever the court finds that an employer has recruited
a migrant worker without providing a written employment
statement as provided in section 181.86, subdivision 1, $250;

(3) Whenever the court finds that an employer has recruited
a migrant worker after having provided a written employment
statement, but finds that the employment statement fails to
comply with the requirement of section 181.86, subdivision 1 or
section 181.87, $250;

(4) Whenever the court finds that an employer has failed to
comply with the terms of an employment statement which the
employer has provided to a migrant worker or has failed to
comply with any payment term required by section
181.87, deleted text begin $250 deleted text end new text begin $500 new text end ;

(5) Whenever the court finds that an employer has failed to
pay wages to a migrant worker within a time period set forth in
section 181.87, subdivision 2 or 3, deleted text begin $250 deleted text end new text begin $500 new text end ; and

(6) Whenever penalties are awarded, they shall be awarded
severally in favor of each migrant worker plaintiff and against
each defendant found liable.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective August 1, 2005. Section 2
applies to crimes committed on or after that date. Section 3
applies to causes of action arising on or after that date.
new text end