SF 2882

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

A bill for an act
relating to employment; prohibiting employers from requiring employees to
attend certain mandatory 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 [181.985] PROHIBITION OF CERTAIN MANDATORY MEETINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Employer" means a person having one or more employees in Minnesota, and
includes the state and any political subdivision of the state.
new text end

new text begin (c) "Employee" means a person who performs services for hire in Minnesota for an
employer. Employee does not include an independent contractor.
new text end

new text begin (d) "Labor organization" means an organization that exists for the purpose, in
whole or in part, of collective bargaining, dealing with employers concerning grievances,
terms, or conditions of employment, or of other mutual aid or protection in connection
with employment.
new text end

new text begin (e) "Political matters" includes 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 Prohibition of mandatory meetings on politics, religion, or joining a
union. new text end

new text begin (a) No employer or employer's agent, representative, or designee may require its
employees to attend an employer-sponsored meeting or participate in any communications
with the employer or its agents or representatives, the purpose of which is to communicate
the employer's opinion about religious or political matters.
new text end

new text begin (b) No employer or employer's agent, representative, or designee shall discharge,
discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize
any employee:
new text end

new text begin (1) as a means of requiring an employee to attend a meeting or participate in
communications described in paragraph (a); or
new text end

new text begin (2) 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, except that such prohibitions shall not be applicable when the employee knows
that such report is false.
new text end

new text begin (c) Any aggrieved employee may enforce the provisions of this section by means
of a civil action brought no later than 90 days after the date of the alleged violation in
the district court for the judicial district where the violation is alleged to have occurred
or where the employer has its principal office. The court may award a prevailing
employee all appropriate relief, including rehiring or reinstatement of the employee to
the employee's former position, back pay, and reestablishment of any employee benefits
to which the employee would otherwise have been eligible if such violation had not
occurred. The court shall award a prevailing employee treble damages, together with
reasonable attorney fees and costs.
new text end

new text begin (d) Nothing in this section shall be construed to limit an employee's right to bring a
common law cause of action against an employer for wrongful termination or to diminish
or impair the rights of a person under any collective bargaining agreement.
new text end

new text begin (e) Nothing in this section shall prohibit:
new text end

new text begin (1) a religious organization from requiring its employees to attend an
employer-sponsored meeting or to participate in any communications with the employer
or its agents or representatives, the primary purpose of which is to communicate the
employer's religious beliefs, practices, or tenets; or
new text end

new text begin (2) a political organization from requiring its employees to attend an
employer-sponsored meeting or to participate in any communications with the employer
or its agents or representatives, the primary purpose of which is to communicate the
employer's political tenets or purposes.
new text end