SF 2000

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/18/2014 08:45am

A bill for an act
relating to employment; imposing duties on employers related to employees who
are nursing mothers; providing for enforcement; amending Minnesota Statutes
2012, section 181.939.

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

Section 1.

Minnesota Statutes 2012, section 181.939, is amended to read:

181.939 NURSING MOTHERS.

new text begin Subdivision 1. new text end

new text begin Employer duties. new text end

new text begin (a) new text end An employer must provide reasonable unpaid
break time each day to an employee who needs to express breast milk for her infant child.
The break time must, if possible, run concurrently with any break time already provided to
the employee. An employer is not required to provide break time under this section if to
do so would unduly disrupt the operations of the employer.

new text begin (b) new text end The employer must make reasonable efforts to provide a room or other location,
in close proximity to the work area, other than a new text begin bathroom or a new text end toilet stall, new text begin that is shielded
from view and free from intrusion from coworkers and the public and that includes access
to an electrical outlet, new text end where the employee can express her milk in privacy. The employer
would be held harmless if reasonable effort has been made.

new text begin (c) new text end For the purposes of this section, "employer" means a person or entity that
employs one or more employees and includes the state and its political subdivisions.

new text begin (d) An employer may not retaliate against an employee for asserting rights or
remedies under this section.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin The Department of Labor and Industry shall enforce this
section. The department shall assess a fine of up to $1,000 for a first violation and up to
$2,000 for a second and subsequent violations of this section. A fine shall be assessed
only if an employer fails to remedy a violation within 15 days of written notice of a
violation from the department.
new text end