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Minnesota Legislature

Office of the Revisor of Statutes

SF 2256

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 04:02pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to employment; exempting temporary or seasonal agricultural workers
from overtime requirements; amending Minnesota Statutes 2018, section 177.23,
subdivision 7.

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

Section 1.

Minnesota Statutes 2018, 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;

(14) any individual under 18 working less than 20 hours per workweek for a municipality
as part of a recreational program;

(15) any individual employed by the state as a natural resource manager 1, 2, or 3
(conservation officer);

(16) 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;

(17) 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;

(18) 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
; deleted text beginor
deleted text end

(19) 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 orderdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (20) for the purposes of section 177.25, any individual employed as a seasonal or
temporary agricultural worker in the production of perishable fruits, vegetables, and other
horticultural and nursery stock who receives, as part of their employment contract:
new text end

new text begin (i) inspected housing that meets or exceeds the Department of Labor Occupational Safety
and Health Administration standards as set forth in Code of Federal Regulations, title 29,
section 1910.142;
new text end

new text begin (ii) workers' compensation insurance coverage new text end new text begin ;
new text end

new text begin (iii) tools, supplies, and equipment needed to complete the duties assigned;
new text end

new text begin (iv) meals or cooking facilities for term of employment;
new text end

new text begin (v) transportation and subsistence benefits including to place of employment, from place
of employment, and between living quarters and job site for duration of employment;
new text end

new text begin (vi) guaranteed compensation equal to three-fourths of the total work days for the
contracted period;
new text end

new text begin (vii) hours and earnings statements;
new text end

new text begin (viii) hourly wage rate equal to the Adverse Effect Wage Rate;
new text end

new text begin (ix) guarantees as to frequency of pay to workers;
new text end

new text begin (x) guarantees in the event of contract impossibility; and
new text end

new text begin (xi) disclosure of all deductions from the workers' pay.
new text end

new text begin EFFECTIVE DATE. new text end

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