HF 600

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 02/22/2018 08:21am

A bill for an act
relating to employment; providing uniformity for employment mandates on private
employers; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Section 1. TITLE.

This act shall be titled the "Uniform State Labor Standards Act."

Sec. 2.

[181.741] EXPRESS PREEMPTION; UNIFORMITY OF PRIVATE
EMPLOYER MANDATES.

Subdivision 1.

Definitions.

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

(b) "Employer" means a private person employing one or more employees in the state.

(c) "Local government" means a home rule charter city, statutory city, town, county, the
Metropolitan Council, a metropolitan agency as defined in section 473.121, subdivision 5a,
or a special district.

Subd. 2.

Express preemption.

(a) A local government must not adopt, enforce, or
administer an ordinance, local resolution, or local policy requiring an employer to pay an
employee a wage higher than the applicable state minimum wage rate provided in section
177.24.

(b) A local government must not adopt, enforce, or administer an ordinance, local
resolution, or local policy requiring an employer to provide either paid or unpaid leave time.

(c) A local government must not adopt, enforce, or administer an ordinance, local
resolution, or local policy regulating the hours or scheduling of work time that an employer
provides to an employee. This paragraph does not preempt an ordinance, local resolution,
or local policy limiting the hours a business may operate.

(d) A local government must not adopt, enforce, or administer an ordinance, local
resolution, or local policy requiring an employer to provide an employee a particular benefit,
term of employment, or working condition.

Subd. 3.

Local governments as employers and contractors.

This section does not
regulate wages, hours, benefits, paid or unpaid leave, attendance policies, or other terms of
employment or working conditions that a local government:

(1) provides to its own employee;

(2) requires an employer to provide to its employee to the extent that employer is
providing goods or services to the local government, and the requirement applies specifically
to work performed in providing goods or services to the local government; or

(3) requires an employer to provide to its employee to the extent that employer is
receiving funding from the local government or is providing goods or services funded in
whole or in part by the local government, when the requirement is an express condition of
the funding.

EFFECTIVE DATE.

This section is effective upon final enactment and applies to
ordinances, local policies, and local resolutions enacted on or after January 1, 2016.