SF 2096

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; providing immunity from civil 
  1.3             liability for certain disclosures by employers; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 181. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [181.98] [REFERENCES; EMPLOYER IMMUNITY.] 
  1.8      Subdivision 1.  [DEFINITIONS.] For the purpose of this 
  1.9   section, the terms defined in this subdivision have the meanings 
  1.10  given them. 
  1.11     (a) "Employee" means a person who performs services for 
  1.12  another for hire.  Employee does not include an independent 
  1.13  contractor.  
  1.14     (b) "Employer" means a person having one or more employees 
  1.15  in Minnesota and includes the state and any political 
  1.16  subdivision of the state. 
  1.17     Subd. 2.  [IMMUNITY FOR EMPLOYERS.] An employer that 
  1.18  discloses information about a current or former employee is 
  1.19  immune from civil liability for the disclosure and the 
  1.20  consequences proximately caused by the disclosure.  
  1.21     This section does not apply if it is proven by a 
  1.22  preponderance of the evidence that the employer knew the 
  1.23  information disclosed about the current or former employee was 
  1.24  false at the time the disclosure was made. 
  1.25     Sec. 2.  [EFFECTIVE DATE.] 
  2.1      Section 1 is effective January 1, 1997.