SF 3066

as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 09:44am

A bill for an act
relating to employment; exempting temporary or seasonal agricultural workers
with an H-2A visa from overtime requirements; amending Minnesota Statutes
2015 Supplement, section 177.23, subdivision 7.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 177.23, subdivision 7, is
amended to read:

Subd. 7.

Employee.

"Employee" means any individual employed by an employer
but does not include:

(1) two or fewer specified individuals employed at any given time in agriculture on a
farming unit or operation who are paid a salary;

(2) any individual employed in agriculture on a farming unit or operation who is
paid a salary greater than the individual would be paid if the individual worked 48 hours at
the state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week;

(3) an individual under 18 who is employed in agriculture on a farm to perform
services other than corn detasseling or hand field work when one or both of that minor
hand field worker's parents or physical custodians are also hand field workers;

(4) for purposes of section 177.24, an individual under 18 who is employed as a
corn detasseler;

(5) any staff member employed on a seasonal basis by an organization for work in an
organized resident or day camp operating under a permit issued under section 144.72;

(6) any individual employed in a bona fide executive, administrative, or professional
capacity, or a salesperson who conducts no more than 20 percent of sales on the premises
of the employer;

(7) any individual who renders service gratuitously for a nonprofit organization;

(8) any individual who serves as an elected official for a political subdivision or who
serves on any governmental board, commission, committee or other similar body, or who
renders service gratuitously for a political subdivision;

(9) any individual employed by a political subdivision to provide police or fire
protection services or employed by an entity whose principal purpose is to provide police
or fire protection services to a political subdivision;

(10) any individual employed by a political subdivision who is ineligible for
membership in the Public Employees Retirement Association under section 353.01,
subdivision 2b, clause (1), (2), (4), or (9), item (i);

(11) any driver employed by an employer engaged in the business of operating
taxicabs;

(12) any individual engaged in babysitting as a sole practitioner;

(13) for the purpose of section 177.25, any individual employed on a seasonal basis
in a carnival, circus, fair, or ski facility;

new text begin (14) for the purposes of section 177.25, any individual employed as a seasonal or
temporary agricultural worker under an H-2A visa;
new text end

deleted text begin (14) deleted text end new text begin (15) new text end any individual under 18 working less than 20 hours per workweek for a
municipality as part of a recreational program;

deleted text begin (15) deleted text end new text begin (16) new text end any individual employed by the state as a natural resource manager 1, 2, or
3 (conservation officer);

deleted text begin (16) deleted text end new text begin (17) new text end any individual in a position for which the United States Department of
Transportation has power to establish qualifications and maximum hours of service under
United States Code, title 49, section 31502;

deleted text begin (17) deleted text end new text begin (18) new text end any individual employed as a seafarer. The term "seafarer" means a
master of a vessel or any person subject to the authority, direction, and control of the
master who is exempt from federal overtime standards under United States Code, title 29,
section 213(b)(6), including but not limited to pilots, sailors, engineers, radio operators,
firefighters, security guards, pursers, surgeons, cooks, and stewards;

deleted text begin (18) deleted text end new text begin (19) new text end any individual employed by a county in a single-family residence owned
by a county home school as authorized under section 260B.060 if the residence is
an extension facility of that county home school, and if the individual as part of the
employment duties resides at the residence for the purpose of supervising children as
defined by section 260C.007, subdivision 4; or

deleted text begin (19) deleted text end new text begin (20) new text end nuns, monks, priests, lay brothers, lay sisters, ministers, deacons, and other
members of religious orders who serve pursuant to their religious obligations in schools,
hospitals, and other nonprofit institutions operated by the church or religious order.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end