SF 2074

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; prohibiting captive audience
meetings; proposing coding for new law in Minnesota
Statutes, chapter 181.

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

Section 1.

new text begin [181.725] CAPTIVE AUDIENCE MEETINGS
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this
section, the terms defined in this subdivision have the meanings
given them.
new text end

new text begin (a) "Employer" means any individual engaged in business who
has employees, including the state and any political subdivision
of the state, or that individual's agent, representative, or
designee.
new text end

new text begin (b) "Employee" means any individual employed by an employer.
new text end

new text begin (c) "Labor organization" means any organization of
employees which exists for the purpose, in whole or in part, of
collective bargaining or of dealing with employers concerning
grievances or terms or conditions of employment.
new text end

new text begin (d) "Political matters" includes, but is not limited to,
political party affiliation or the decision to join or not join
any lawful, political, social, or community group or activity,
or any labor organization.
new text end

new text begin Subd. 2. new text end

new text begin Religious or political opinions. new text end

new text begin No employer
may require its employees to attend an employer-sponsored
meeting or participate in any communications with the employer,
the primary purpose of which is to communicate the employer's
opinion about religious or political matters. Notwithstanding
this provision, an employer may communicate to employees
information about religious or political matters that the
employer is required by law to communicate, but only to the
extent of that legal requirement.
new text end

new text begin Subd. 3. new text end

new text begin Retaliation. new text end

new text begin No employer shall discharge,
discipline, or otherwise penalize or threaten to discharge,
discipline, or otherwise penalize any employee because the
employee, or a person acting on behalf of the employee, makes a
good faith report, verbally or in writing, of a violation or a
suspected violation of this section. The provisions of this
subdivision shall not be applicable when an employer knows that
such report is false.
new text end

new text begin Subd. 4. new text end

new text begin Civil action. new text end

new text begin Any employee claiming to be
aggrieved by a violation of this section may bring a civil
action for damages against the employee's employer within 90
days of the date when the alleged violation occurred. If the
court finds that any defendant has violated this section, the
court may award the plaintiff all appropriate relief, including
rehiring or reinstatement of the employee to the employee's
former position, backpay, and reestablishment of any benefits to
which the employee would otherwise have been eligible had the
violation not occurred. The court shall award a prevailing
employee treble damages and shall also award court costs and a
reasonable attorney's fee.
new text end

new text begin Subd. 5. new text end

new text begin Other cause of action. new text end

new text begin Nothing in this section
shall be construed to limit an employee's right to bring any
other cause of action against an employer that is allowed by law
or to diminish or impair the rights of an individual under a
collective bargaining agreement.
new text end