SF 919

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 10:11am

A bill for an act
relating to employment; modifying employee notice requirements; requiring a
written warning; amending Minnesota Statutes 2020, sections 181.032; 181.101.

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

Section 1.

Minnesota Statutes 2020, section 181.032, is amended to read:

181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE
TO EMPLOYEE.

(a) At the end of each pay period, the employer shall provide each employee an earnings
statement, either in writing or by electronic means, covering that pay period. An employer
who chooses to provide an earnings statement by electronic means must provide employee
access to an employer-owned computer during an employee's regular working hours to
review and print earnings statements.

(b) The earnings statement may be in any form determined by the employer but must
include:

(1) the name of the employee;

(2) the rate or rates of pay and basis thereof, including whether the employee is paid by
hour, shift, day, week, salary, piece, commission, or other method;

(3) allowances, if any, claimed pursuant to permitted meals and lodging;

(4) the total number of hours worked by the employee unless exempt from chapter 177;

(5) the total amount of gross pay earned by the employee during that period;

(6) a list of deductions made from the employee's pay;

(7) the net amount of pay after all deductions are made;

(8) the date on which the pay period ends;

(9) the legal name of the employer and the operating name of the employer if different
from the legal name;

(10) the physical address of the employer's main office or principal place of business,
and a mailing address if different; and

(11) the telephone number of the employer.

(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form. Once
an employer has received notice from an employee that the employee would like to receive
earnings statements in written form, the employer must comply with that request on an
ongoing basis.

(d) deleted text begin At the start of employment deleted text end new text begin On or before the date an employer provides an employee
with the employee's first earnings statement new text end , an employer shall provide each employee a
deleted text begin written deleted text end notice new text begin , either in writing or by electronic means, new text end containing the following information:

(1) the rate or rates of pay and basis thereof, including whether the employee is paid by
the hour, shift, day, week, salary, piece, commission, or other method, and the specific
application of any additional rates new text begin , as well as any pay schedule or range of pay for an
employee who is reasonably expected to move between job duties, classifications, and pay
or benefit structures in their day-to-day duties new text end ;

(2) allowances, if any, claimed pursuant to permitted meals and lodging;

(3) paid vacation, sick time, or other paid time-off accruals and terms of use;

(4) the employee's employment status and whether the employee is exempt from minimum
wage, overtime, and other provisions of chapter 177, and on what basis;

(5) a list of deductions that may be made from the employee's pay;

(6) the number of days in the pay period, the regularly scheduled pay day, and the pay
day on which the employee will receive the first payment of wages earned;

(7) the legal name of the employer and the operating name of the employer if different
from the legal name;

(8) the physical address of the employer's main office or principal place of business, and
a mailing address if different; deleted text begin and
deleted text end

(9) the telephone number of the employer deleted text begin . deleted text end new text begin ; and
new text end

new text begin (10) a checkbox to indicate whether a hiring employer is a staffing agency and space
for a staffing agency to indicate the initial entity for which the employee will perform work.
new text end

(e) The employer must keep a copy of the notice under paragraph (d) signed by each
employee acknowledging receipt of the notice. new text begin An employee's signature on the notice
constitutes acknowledgment of receipt of the notice and does not create a contract. For the
purposes of this paragraph, "signed" means a written signature or an electronic signature
as defined in section 325L.02. new text end The notice must be provided to each employee in English.
The English version of the notice must include text provided by the commissioner that
informs employees that they may request, by indicating on the form, the notice be provided
in a particular language. If requested, the employer shall provide the notice in the language
requested by the employee. The commissioner shall make available to employers the text
to be included in the English version of the notice required by this section and assist
employers with translation of the notice in the languages requested by their employees.

(f) new text begin The notice requirement under paragraph (d) is satisfied for an employee if the
employee has received all of the information required in paragraph (d) specific to the
employee through a collective bargaining agreement, employee handbook, offer letter, or
a combination of those documents. In such an instance, the employer must retain a record
or listing of the referenced documents that satisfied the notice requirement in paragraph (d).
new text end

new text begin (g) new text end An employer must provide the employee any deleted text begin written deleted text end changes to the information
contained in the notice under paragraph (d) deleted text begin prior to the deleted text end new text begin , either in writing or by electronic
means, by the date of the employee's next earnings statement following the new text end date the changes
take effect. new text begin The notice of changes to information under this paragraph does not require a
signature by the employee acknowledging receipt. The requirements of this paragraph are
satisfied if the changes to information are contained on the employee's next earnings
statement.
new text end

new text begin (h) Notice is not required under paragraph (g) to an employee for discretionary pay. For
the purposes of this section, "discretionary pay" means compensation paid by the employer
for which the amount and timing are not disclosed in advance by the employer and are at
the employer's sole discretion.
new text end

new text begin (i) Notice is not required under paragraph (g) to an employee employed by a staffing
agency upon subsequent job placements following the initial placement by the staffing
agency.
new text end

new text begin (j) The commissioner shall issue a written warning to an employer upon the first finding
of a violation or violations of the notice requirements found in paragraphs (d) to (g). For
purposes of this paragraph, discovery by the commissioner of more than one violation of
the notice requirements under paragraphs (d) to (g) at the same employer during the same
investigation shall be considered a single violation.
new text end

Sec. 2.

Minnesota Statutes 2020, section 181.101, is amended to read:

181.101 WAGES; HOW OFTEN PAID.

(a) Except as provided in paragraph (b), every employer must pay all wages, including
salary, earnings, and gratuities earned by an employee at least once every 31 days and all
commissions earned by an employee at least once every three months, on a regular payday
designated in advance by the employer regardless of whether the employee requests payment
at longer intervals. Unless paid earlier, the wages earned during the first half of the first
31-day pay period become due on the first regular payday following the first day of work.
If wages or commissions earned are not paid, the commissioner of labor and industry or the
commissioner's representative may serve a demand for payment on behalf of an employee.
In addition to other remedies under section 177.27, if payment of wages is not made within
ten days of service of the demand, the commissioner may charge and collect the wages
earned at the employee's rate or rates of pay or at the rate or rates required by law, including
any applicable statute, regulation, rule, ordinance, government resolution or policy, contract,
or other legal authority, whichever rate of pay is greater, and a penalty in the amount of the
employee's average daily earnings at the same rate or rates new text begin , not exceeding 15 days in all, new text end
for each day beyond the ten-day limit following the demand. If payment of commissions is
not made within ten days of service of the demand, the commissioner may charge and collect
the commissions earned and a penalty equal to 1/15 of the commissions earned but unpaid new text begin ,
not exceeding 15 days in all, new text end for each day beyond the ten-day limit. Money collected by the
commissioner must be paid to the employee concerned. This section does not prevent an
employee from prosecuting a claim for wages. This section does not prevent a school district,
other public school entity, or other school, as defined under section 120A.22, from paying
any wages earned by its employees during a school year on regular paydays in the manner
provided by an applicable contract or collective bargaining agreement, or a personnel policy
adopted by the governing board. For purposes of this section, "employee" includes a person
who performs agricultural labor as defined in section 181.85, subdivision 2. For purposes
of this section, wages are earned on the day an employee works. This section provides a
substantive right for employees to the payment of wages, including salary, earnings, and
gratuities, as well as commissions, in addition to the right to be paid at certain times.

(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision
10, a member of an organized first responder squad that is formally recognized by a political
subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages
earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant
at least once every 31 days, unless the employer and the employee mutually agree upon
payment at longer intervals.