SF 3635

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 08:45am

A bill for an act
relating to employment; modifying weekly hours worked required for overtime
compensation; requiring minimum time between employee shifts; amending
Minnesota Statutes 2020, sections 177.25, subdivisions 1, 5; 177.27, subdivision
4; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Section 1.

Minnesota Statutes 2020, section 177.25, subdivision 1, is amended to read:

Subdivision 1.

Compensation required.

new text begin (a) new text end No employer may employ an employee
for a workweek longer than deleted text begin 48 deleted text end new text begin 40 new text end hours, unless the employee receives compensation for
employment in excess of deleted text begin 48 deleted text end new text begin 40 new text end hours in a workweek at a rate of at least 1-1/2 times the
regular rate at which the employee is employed. The state of Minnesota or a political
subdivision may grant time off at the rate of 1-1/2 hours for each hour worked in excess of
deleted text begin 48 deleted text end new text begin 40 new text end hours in a week in lieu of monetary compensation. An employer does not violate the
overtime pay provisions of this section by employing any employees for a workweek in
excess of deleted text begin 48 deleted text end new text begin 40 new text end hours without paying the compensation for overtime employment prescribed
(1) if the employee is employed under an agreement meeting the requirement of section
7(b)(2) of the Fair Labor Standards Act of 1938, as amended, or (2) if the employee is
employed as a sugar beet hand laborer on a piece rate basis, provided that the regular rate
of pay received per hour of work exceeds the applicable wage provided in section 177.24,
subdivision 1 by at least 40 cents.

new text begin (b) An employee must receive compensation for employment at a rate of at least 1-1/2
times the regular rate of each hour worked on the seventh consecutive day of work in a
workweek, regardless of whether the employee has worked in excess of 40 hours during
the workweek.
new text end

Sec. 2.

Minnesota Statutes 2020, section 177.25, subdivision 5, is amended to read:

Subd. 5.

Air carrier employees.

Subdivision 1 does not apply to employees of air
carriers subject to the provisions of title II of the Railway Labor Act, when the hours worked
by an employee in excess of deleted text begin 48 deleted text end new text begin 40 new text end in a workweek are not required by the carrier, but are
arranged through a voluntary agreement among employees to trade scheduled work hours.

Sec. 3.

Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text begin and deleted text end 181.939 to 181.943, deleted text begin or deleted text end new text begin 181.99, and new text end with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
of this subdivision only, a violation is repeated if at any time during the two years that
preceded the date of violation, the commissioner issued an order to the employer for violation
of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
have entered into a settlement agreement that required the employer to pay back wages that
were required by sections 177.41 to 177.435. The department shall serve the order upon the
employer or the employer's authorized representative in person or by certified mail at the
employer's place of business. An employer who wishes to contest the order must file written
notice of objection to the order with the commissioner within 15 calendar days after being
served with the order. A contested case proceeding must then be held in accordance with
sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
employer fails to file a written notice of objection with the commissioner, the order becomes
a final order of the commissioner.

Sec. 4.

new text begin [181.99] MINIMUM TIME BETWEEN SHIFTS.
new text end

new text begin (a) Unless an employee consents to work such hours in writing, no employer may require
an employee to work hours that occur (1) less than 11 hours after the end of the previous
shift, or (2) during the 11 hours following the end of a shift that spanned two days. An
employer must pay an employee 1-1/2 times the employee's regular rate of pay for any such
hours worked by a consenting employee.
new text end

new text begin (b) For the purposes of paragraph (a), the terms defined have the following meanings:
new text end

new text begin (1) "employee" means an individual employed by an employer;
new text end

new text begin (2) "employer" means a person or entity that employs one or more employees. The term
includes an individual, corporation, partnership, association, nonprofit organization, group
of persons, state, county, town, city, school district, or other governmental subdivision; and
new text end

new text begin (3) "shift" means the consecutive hours an employer requires an employee to work or
to be on call to work. Breaks totaling two hours or less shall not be considered an interruption
of consecutive hours.
new text end